Hello, Health Professions Licensees,

As the new Executive Director of this agency, I’m excited to meet each of you, and to hear about your concerns and successes as I lead TDLR into its next chapter. 

A bit about me: I was the Workforce Development Director at the Texas Workforce Commission from 2016 until I left to join TDLR in May. In that position at TWC, I oversaw several regional workforce, education and regulatory programs and learned a lot about TDLR and its licensees. I’ve long been impressed with both the agency and its licensees.

I know I’m new here, but I have a favor to ask: Won’t you please consider applying to be a member of one of our volunteer advisory boards or committees?

Thanks to a change in state law, we’re able to hold most of our advisory board meetings online, so members no longer must travel to Austin to meet. Most terms on the boards and committees last for six years, although some terms may be shorter because a seat has been vacated by a member who was unable to complete their term. There is no financial compensation for membership, but you’ll have the personal satisfaction that comes with serving your fellow Texans. 

The following boards and councils currently have vacancies that may interest you:

• Behavior Analyst Advisory Board 
  • Vacancy for: Licensed Assistant Behavior Analyst
• Dyslexia Therapists and Practitioners Advisory Committee 
  • Vacancy for: Dyslexia Practitioner
• Hearing Instrument Fitters and Dispensers Advisory Board 
  • Vacancy for: Doctor of Otolaryngology
• Orthotists and Prosthetists Advisory Board 
  • Vacancy for: Public Member who uses orthosis
• Speech-Language Pathologists and Audiologists Advisory Board 
  • Vacancy for: Public Member/ Physician certified in Otolaryngology or Pediatrics

Apply for any of these vacancies. Please also feel free to share this with anyone you think might make a great fit.

I would also like to encourage each of you to review TDLR’s new 2025-2029 Strategic Plan, which was submitted to the Legislature on June 1, 2024. This plan serves as the agency’s roadmap for the next four years, identifying our agency operational goals and action plans and our strategic initiatives for the 89^th Texas Legislature in 2025. I think you’ll find that the information it contains will be of interest to all our licensees and stakeholders.

I look forward to hearing from you and those in your industry in the coming months as I learn all I can about TDLR’s broad range of programs and responsibilities. Please know that I am honored to serve in this position, and that I will do my best to be responsive and open to your concerns.

Sincerely,

Courtney Arbour, Executive Director

If you want to learn more about being a proctor for the practical test, please consider signing up for the proctor training session on June 20.

The Texas Hearing Aid Association (THAA) has established a Proctor Task Force that is focusing on providing solutions for proctor shortages and engaging more members to serve as proctors. The task force worked with TDLR and PSI (the practical test administrator contracted by TDLR) to develop a plan to offer proctor training in conjunction with the THAA Annual Conference.

The TDLR practical test will be offered to nine candidates on Thursday, June 20, as part of the Proctor Training Pilot Program. There is also space for proctor trainees to become fully trained that day. There is no cost to you to participate. To meet your training requirements, you will need to sign up and observe all three of the exams being offered on June 20.

The Texas Commission of Licensing and Regulation voted to approve changes to Texas Administrative Code Chapter 112.70, which add the ability to earn continuing education credit by serving as a test proctor. New §112.70(g)(4) provides that a licensee who serves as a proctor for the practical test may receive up to one continuing education credit hour for each test date, with a maximum of four continuing education hours of credit earned each license term. This change went into effect on January 1, 2024.

To be eligible to serve as a proctor, a licensee must:

• be licensed in good standing;
• have held the license for at least two years, down from three years; and
• observe three full practical test sessions, down from five observations.

There are many benefits to becoming an examination proctor. The biggest benefit is contributing to your profession. Additionally, proctors are paid $200/day for proctoring the tests. If a proctor travels out-of-town to a test site, they are reimbursed for their mileage. Trainees and proctors are allowed breaks in-between tests and are given time for lunch.

Interested in becoming a proctor? The first step is to sign up to be a trainee! If you are interested, please sign up for the proctor training session on June 20. 

We are pleased to announce that our 2025-2029 Strategic Plan is complete and posted to our website. We’ve also posted the Supplemental Schedules that contain information about our agency’s budget structure, performance measure definitions and the results of our customer service survey.  

This plan is the result of months of effort and input from you, the people of Texas — our licensees and customers. During this process, we collected more than 6,000 valuable public comments that were essential to TDLR’s efforts to continue improving services for all our customers in this great state.

The TDLR Strategic Plan covers the agency’s priorities for the legislative session that begins in January 2025, including:

• Seeking continued funding for the Legacy Systems Replacement Project. The new licensing system will eliminate the inefficiencies and redundancies of TDLR’s antiquated and disparate legacy systems.
• Strengthening current laws to prevent barbering and cosmetology license holders from performing medical procedures. The performance of certain medical procedures by persons who are not authorized or licensed to perform those procedures poses a serious health risk for individuals having the procedures performed.
• Allowing Podiatrists to enter into delegation agreements with advanced practice registered nurses. Unlike other medical doctors, podiatrists are unable to delegate provision of care. Podiatrists will be able to care for more patients at less cost while improving access to care with the assistance of advanced practice registered nurses.

The plan also lists seven agency goals during the next four years, including:

• Procuring and successfully implementing the Legacy Systems Replacement Project to modernize TDLR’s outdated licensing software systems. TDLR currently relies on multiple disparate software systems to carry out its licensing functions. Most of those systems are based on antiquated technologies that are at or near the end of their utility and do not meet modern standards for functionality or security. TDLR inherited many of these systems when the Legislature transferred regulatory programs from other agencies. These multiple disconnected systems present significant roadblocks to operational efficiency, data security, data quality and TDLR’s ability to provide customer service.
• Continuing to build capacity and strengthen the effectiveness of TDLR’s anti-trafficking efforts by assigning functions according to area of expertise. Investigations will be conducted by the Enforcement Division, inspections of licensed and unlicensed businesses will be conducted by the Field Inspections Division, and outreach and training will be performed by the Anti-Trafficking Team within the Compliance Division.

This strategic plan serves as the roadmap to move us forward into a brighter, stronger future, in service to the citizens and small business owners of Texas, with accountability and integrity in all that we do.

Congratulations to Commissioner Ray Callas, MD. who was sworn in as the 159th President of the Texas Medical Association (TMA) on May 4, 2024, during TMA’s annual conference.

“It’s an honor and a privilege to take care of patients and help lead physicians in the State of Texas,” said Dr. Callas. “The Texas Medical Association is the greatest medical association of physicians in the United States.”

 During his time as TMA’s president, Dr. Callas wants to promote policies that will improve the lives of all Texans.  

We extend our belated wishes for a Happy National Speech-Language-Hearing Month to our dedicated Speech-Language Pathologists and Audiologists.

During the month of May, the speech-language pathology and audiology professions raise awareness about the importance of communication and the challenges faced by individuals with speech-language and hearing disorders. Early identification and intervention for hearing loss are crucial as many people live with undetected hearing issues, often unaware that they are missing certain sounds and words.

Thank you to our licensed Speech-Language Pathologists and Audiologists for all that you do.

Podiatry Program

The Texas Podiatric Advisory Board met on May 13, 2024, and accepted proposed changes to the podiatry rules at 16 TAC, Chapter 130, Podiatric Medicine Program resulting from a four-year rule review.

The proposed rule changes create a new subchapter that organizes the rules by subject matter and changes the license terms from one year to two years for Podiatric Medical Radiological Technicians, Hyperbaric Oxygen Certificates, and Nitrous Oxide/Oxygen Inhalation Conscious Sedation Registrations. They also update the number of training hours needed for podiatric medical radiological technicians to account for the current actual length of the course and improve the curriculum. Finally, they remove redundant language and reorganize the chapter.

The proposed rule changes will be published in the June 21, 2024, issue of the Texas Register. Comments on the proposed rule changes may be submitted online. The department will accept comments on the proposed rule changes until July 22, 2024.

Orthotists and Prosthetists Program

On February 27, 2024, the Orthotists and Prosthetists Advisory Board met and accepted changes to 16 Texas Administrative Code (TAC), Chapter 114, §§114.1, 114.70, and 114.90 regarding the Orthotists and Prosthetists program.

The proposed amendments implement Senate Bill (SB) 490, 88th Legislature, Regular Session, which requires certain health care facilities to provide itemized bills and make changes for purposes of clarity.

The rules were published March 29th in the Texas Register. Comments were received and the advisory board met on May 24, 2024, to discuss the comments. Based on those comments, changes were made to clarify the language. The rules will now be considered for final adoption by the Texas Commission of Licensing and Regulation at their next meeting.

Athletic Trainers Program

On May 1, 2024, the Athletic Trainer Advisory Board met and reviewed comments on proposed rules which were published March 8, 2024, in the Texas Register. The Advisory Board voted to accept the rule package without changes to 16 Texas Administrative Code (TAC), Chapter 110, §§110.12, 110.21, and 110.70. The proposed rules implement House Bill (HB) 2495 and HB 2512, enacted during the regular session of the 88th Legislature, (2023).

The proposed rules update definitions that reflect the current state of the occupation and remove outdated language related to licensure qualifications and requirements to obtain or renew a license and ensure consistency with processes already in place at the department. The proposed rules also allow greater access to an athletic trainer’s services under supervision and increase employment opportunities.

The acts upon which these proposed rules are based took effect September 1, 2023. Specifically, the proposed rules amend the definition and scope of practice for an Athletic Trainer and update the Athletic Trainer licensing requirements by removing an obsolete degree path and the minimum number of working hours during the fall semester.

The rules will now be considered for final adoption by the Texas Commission of Licensing and Regulation at their next meeting.

Speech Language Pathologists and Audiologists Program

The commission adopted new rules at its May 10, 2024, meeting.  The adopted rules implement changes recommended by the Advisory Board regarding proof of licensure and regarding cognition and communication screenings; include clarification and clean-up changes and updates to statute and rule citations as a result of the four-year rule review; and make technical corrections from two previous rulemakings involving telehealth. 

The adoption justification was published in the May 10, 2024, issue of the Texas Register (49 TexReg 3234) and is available online.  The updated rule chapter is now available on the Secretary of State website 

The U.S. Food and Drug Administration (FDA) recently published information on how to charge your medical devices safely to avoid overheating. Overheating can cause fires and lead to minor injuries or severe burns. Consider these helpful tips next time you are charging your hearing aid, insulin pump, glucose monitor, or any other medical device that uses a USB charger.

1. Always follow the manufacturer's instructions regarding proper use and care of your medical device. Contact the manufacturer of your device if you do not understand or have lost the instructions.
2. Only use the charging accessories (ex. cables, chargers, and adaptors) provided by the manufacturer when charging your device. Using higher power third-party accessories such as your phone or laptop charger can increase the risk of overheating or fire.
3. Regularly check your device and charging accessories for signs of overheating, such as warping or melting near the charging port. If you notice any damage, stop charging your device immediately and contact your manufacturer for replacement parts.
4. Charge your device in a place where you can see it, away from any flammable materials or surfaces. Never charge your device on or near a soft surface such as a pillow, couch, or bed. Doing so increases the risk of overheating and fire.
5. Charge your device when you are awake so you can catch early signs of overheating.
6. Unplug your device from the charger when it is fully charged. Leaving a fully charged device on the charger increases the risk of overheating.
7. Avoid leaving your device in extreme temperatures or conditions, such as direct sunlight or in your car on a particularly hot or cold day.

If you are having problems with your medical device overheating, you may submit a report here to MedWatch: The FDA Safety Information and Adverse Event Reporting Program.

Are you a licensed expert in your profession? TDLR could use your help. Complaints related to standard of care issues often require the perspective and expertise of a licensee. TDLR uses contracted Subject Matter Experts (SMEs) to review standard of care complaint cases, which helps reduce case processing times. Bonus: You get paid.

Subject Matter Experts will receive training on their role in reviewing complaint cases. Typical tasks include:

• Reviewing documents and statements collected by investigators.
• Writing opinions as to whether the respondent violated a law or rule, or the applicable standard of care in the treatment of a patient.
• Answering specific questions from the prosecutor about the case.
• Testifying as a witness for TDLR at hearings.

To apply, fill out the Expert Witness Webform. Our Enforcement Division staff will follow up with a more detailed questionnaire. All Subject Matter Experts hired by the department are legally protected.

To find final disciplinary actions taken on complaints filed with TDLR, you can search the administrative orders database. You can search by name, license number, location, or program. This search includes Orders issued by the Commission or Executive Director assessing a sanction, an administrative penalty or both for violations of TDLR's program laws and rules. This search covers Orders issued during the current and most recent past two fiscal years. TDLR's fiscal years begin on September 1st and end on August 31st of each year. No actions taken by previous licensing boards or agencies are included.

For information on why specific violations of the law or rules might fall into a certain penalty range, please see TDLR's Enforcement Plan.

What about license denials?

License denials and revocations are included. If an application denial is based on criminal history, you can find information on why that criminal history was relevant in the program’s Criminal Conviction Guidelines.

Please take a moment to subscribe to TDLR’s email updates to receive important information about programs of interest and upcoming Commission and board meetings, including meeting agendas.

In the coming months, TDLR Medical and Health Professions 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!

• Texas Hearing Aid Association, THAA 2024 Annual Conference , June 21-22, Plano, Texas
• Texas Podiatric Medical Association, TPMA Annual Conference, June 27-30, San Antonio, Texas
• Southwest Athletic Trainers Association (SWATA), Southwest Athletic Trainers Association 70^th Clinical Symposium, July 17-19, Hot Springs, Arkansas
• Texas Society of O&P Professionals (TXSOPP), TXSOPP Annual Conference, August 22-24, San Antonio, Texas

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, contact us at Compliance.Health.Professions@tdlr.texas.gov.

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.

• The Dyslexia Therapy Advisory Committee is scheduled to meet Tuesday, July 9, 2024 at 10:00 a.m.
• The Texas Commission of Licensing and Regulation is scheduled to meet Tuesday, July 23, 2024 at 8:30 a.m.