TDLR Health Monitor - February 2023

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Vol. 20 |  February 2023

A Note From Mike Arismendez, TDLR Executive Director

mike arismendez

We here at TDLR have been busy -- the 88th session of the Texas Legislature kicked off in January, and we are already monitoring many bills that have been filed and could affect our licensees.

I'd like to urge you to bookmark our Legislative Update page (more information is in the article below) and make a note to check back occasionally for any bills that may affect your license.

If you see a bill you feel strongly about, I urge you to reach out to your State Representative or State Senator and let them know your thoughts. They want to hear from you - and your input is an important part of the legislative process. If you aren't sure who represents you in the Texas Legislature, you can look that up on the Texas Legislature's website.

Thank you for all you do to make Texas a special place to live and work. As always, if you have any questions or concerns, please email us. We want to hear from you.

Legislative Update

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On January 10, 2023, the Texas Legislature convened in Austin to inaugurate the 88th Regular Session. In accordance with the Texas Constitution, lawmakers gather every other year for 140 days to conduct the business of the Great State of Texas. The session is scheduled to end May 29, 2023.

Throughout this session, you can keep up with legislation that may impact the building and professional trades by visiting TDLR’s 88th Texas Legislature webpage. There you will find bills listed by program that may have some impact or be of interest to you and those in your industry.

Clicking on the bill number in blue text will take you to the Texas Legislature Online (TLO) page for that particular bill. You can read the text and history of the bill, and find out where it is currently in the legislative process. The TLO website offers some very helpful resources for learning about how to follow a bill: How to Follow a Bill Using TLO.

As always, TDLR’s government relations team and executive leadership will be following the action closely at the Legislature, and we will do our best to keep your advisory boards and stakeholders in the loop on any pending legislation. Please feel free to reach out to us with any questions on legislation and we’ll be glad to get you answers.

TDLR Publishes Health Occupations Annual Report

health occupations annual report 2022

TDLR released its Health Occupations Annual Report for Fiscal Year 2022 on February 1, 2023.

The report contains licensing and complaint data for the health occupations regulated under Occupations Code, Title 3 and is provided to the Legislature in accordance with the requirements of Senate Bill 1058, Section 1, 81st Regular Session of the Texas Legislature.

View the report on the TDLR homepage or click here.

Recent Rule Amendments For Massage Therapy, Orthotist and Prosthetist, Behavior Analyst, and Podiatric Medicine Programs

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The Texas Commission of Licensing and Regulation re-adopted rules at their meeting on October 18, 2022.

The following rule chapters were readopted in their entirety as a result of the four-year rule review under Title 16, Part 4, of the Texas Administrative Code (TAC):

  • Chapter 117, Massage Therapy
  • Chapter 121, Behavior Analyst
  • Chapter 130, Podiatric Medicine Program

This review was conducted in accordance with Texas Government Code §2001.039. The rule review adoption was published in the November 11, 2022, issue of the Texas Register (47 TexReg 7567).

The Department encourages all persons interested in the Massage Therapy, Behavior Analyst, or Podiatric Medicine Program to review the rule review adoption. The adoption justification may be viewed online.

At its meeting on December 6, 2022, the Commission adopted amendments to an existing rule at 16 Texas Administrative Code, Chapter 114, §114.29, regarding the Orthotists and Prosthetists program. The adopted amendments implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection policy. Notably, the adopted amendments remove periodic inspections from the program.

Amendments to an existing rule at 16 Texas Administrative Code, Chapter 114, §114.50, regarding the Orthotists and Prosthetists program were also adopted. The adopted amendments expand the categories of activities eligible for continuing education (CE) credit by allowing licensees to claim up to one hour of CE credit per renewal period for completing the human trafficking prevention training required by  Texas Occupations Code, Ch. 116, and up to one hour CE credit per renewal period for completing the jurisprudence examination required for initial licensure by Department rules.

These amendments went into effect January 15, 2023. You can find information about the new rules here.

Amendments were adopted to existing rules at 16 Texas Administrative Code, Chapter 117, Subchapter F, §117.55; and Subchapter G, §117.82, regarding the Massage Therapy program. The adopted amendments implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection policy. Notably, the adopted amendments remove periodic inspections from the program.

The adoption justification was published in the January 6, 2023, issue of the Texas Register (48 TexReg 43) and is available online. These amendments went into effect January 15, 2023. You can find information about the new rules here.

Mike Arismendez Joins FSMTB Board


TDLR Executive Director Mike Arismendez was nominated for and elected to a position on the Federation of State Massage Therapy Boards (FSMTB) Board of Directors. His appointment to the Board of Directors was confirmed at the October Annual Meeting in Charlotte, NC.   

FSMTB is a non-profit organization comprised of state regulatory boards and agencies that regulate the massage therapy profession. Established in 2005, revenues collected by the organization are used to enhance FSMTB programs, maintain and improve the quality of the Massage and Bodywork Licensing Examination (MBLEx), and to provide support to FSMTB Member Boards in fulfilling their responsibility of protecting the public.

Ultimately, the mission of the board of directors and FSMTB is to support our member boards in their work to ensure that the practice of massage therapy is provided to the public in a safe and competent manner. 

Congratulations, Mike!

TDLR Staff Elected To NCSB Board Of Directors

katie brice

Katie Brice, Health and Wellness Section manager, has been elected to the National Council of State Boards of Examiners for Speech-Language Pathology and Audiology (NCSB) Board of Directors. NCSB is a non-profit organization consisting of licensure boards throughout the United States that license and regulate the practice of speech-language pathology and audiology.

The NCSB promotes consumer protection by supporting regulatory boards in speech-language pathology and audiology in fulfilling statutory, professional, and ethical obligations.

Katie has been representing Texas at the annual NCSB conference since 2014, with the exception of conferences canceled during the pandemic. Congratulations, Katie!

Texas Massage Therapist Examination Now Available

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Additional Testing Option Now Available for Massage Therapist Applicants

Massage therapist applicants now have a second testing method they can choose for licensure: the State of Texas Massage Therapist Exam.

The TDLR Texas Massage Therapist Examination is administered by TDLR’s vendor, PSI. Applicants who take the TDLR State of Texas-administered exam will not have to sit for the Texas jurisprudence exam because the law and rules topics are included in the TDLR Texas Massage Therapist Examination.

 Applicants can still choose to take the Massage and Bodywork Licensing Examination (MBLEX), which is administered by the Federation of State Massage Therapy Boards (FSMTB).

TDLR is excited to offer an additional testing option for massage therapist applicants. Visit the Massage Therapy Program webpage for more information.

Attention, Midwives! Please Renew Online

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Is your license due for renewal? If so, please be sure to submit your renewal application timely. TDLR encourages all licensees to renew online when possible. It’s safe, secure, and fast!

Midwife renewal license requirements include:

  • 20 hours of continuing education – at least two of the 20 hours of continuing education must cover the topic of assessing fetal heart rates by intermittent auscultation;
  • Current Cardiopulmonary Resuscitation (CPR) certification for health care providers from one of the following:
    • the American Heart Association;
    • professional rescuer from the Red Cross; or
    • healthcare and professional rescuer from the National Safety Council;
  • Current Neonatal Resuscitation from American Academy of Pediatrics/American Heart Association;
  • Jurisprudence Examination certificate – must be dated within the previous four years; and
  • Completion of a human trafficking prevention training course approved by the Health and Human Services Commission (HHSC).

Visit the Midwives Program page for more license renewal information.

UT-RGV Podiatry School Update


The much-anticipated University of Texas Rio Grande Valley (RGV) School of Podiatric Medicine (SOPM) is open.

The school is the first podiatry school in Texas and is uniquely positioned to support the growing medical needs of the Rio Grande Valley and greater Texas. 

Some fast SOPM facts:

  • August 8, 2022, was the first day classes were held
  • Inaugural class consists of 27 podiatric medical students
  • Goal is to graduate 40 students per year
  • Claudia Biguetti has received the Rising STARS research grant for $125,000 from UT to investigate new bone healing techniques
  • Javier La Fontaine is the inaugural dean

Interested in a podiatric career? Apply here. The deadline to apply for the fall 2023 class is March 31.  

SOPM is the result of a dedicated effort by Dr. Harkless and countless other supporters who have worked tirelessly for the school to become a reality. With current diabetes rates in the RGV double that of the rest of the nation, the school and its graduates will be able to make a positive impact on the local community.

Reminder: How To File A Complaint

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You can file a complaint online for most TDLR programs. 

You will be asked to choose whether you are filing a complaint against a licensed or an unlicensed person or business. If you are unsure about whether the person or business holds a TDLR license, use the unlicensed link.

Some medical or health-related programs require you to submit a complaint form by fax or mail, due to the risk of electronically transmitting confidential health information. The online system will direct you to print out a complaint form in PDF format if one is required.

If your complaint does not allege a violation of the law or rules or does not include sufficient information for TDLR to investigate the allegations, TDLR will not open a complaint.

Read more about TDLR's complaint investigation and resolution process.

Meet TDLR Staff At Upcoming Conferences

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In the coming months, TDLR Health and Wellness staff will be available at several conferences and meetings across Texas to provide licensing and program information to attendees.

We hope to see you at one of these upcoming events:

TDLR is available to provide informational presentations and/or staff booths at your next conference or meeting. If you would like a TDLR representative at your next conference or meeting, send us an email

Upcoming Advisory Board and Commission Meetings

Until further notice, all advisory board meetings will be held via videoconference.

Commission meetings are in person. Unless otherwise noted, all advisory board meetings are held via videoconference.

You can view the live broadcasts or archived meetings on TDLR's YouTube channel. Meeting notices, agendas, and staff reports are posted on the TDLR Meetings page.

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