| (a) This section applies to licensees of the department.
This section does not apply to a temporary license or a student registration.
(b) The first continuing education period shall begin
after the licensee has renewed the license for the first time. Continuing
education is not required during the initial license period. Subsequently,
a licensee shall attend continuing education activities as a condition
of renewal of a license.
(c) Continuing education periods shall be two years
in length. The period coincides with the license period.
(d) Determination of continuing education credits.
(1) For seminars, lectures, presentations, symposia,
workshops, conferences and similar activities, 50 minutes shall be
considered as one credit hour.
(2) Course work completed at or through an accredited
college or university shall be credited based on eight credits for
each semester hour completed for credit. Continuing education credit
will be granted for a grade of C or better for the continuing education
period in which the course is completed.
(e) Licensees shall attend and complete qualifying
continuing education each renewal period unless the licensee is exempt
under subsection (l).
(1) Licensees must maintain a record of continuing
education credits earned by the licensee and proof of completion of
the continuing education credits, which may include certificates,
transcripts from certifying agencies or associations, letters from
program sponsors concerning the licensee's attendance and participation,
or other documentation satisfactory to the department verifying the
licensee's attendance or participation.
(2) Attendance and completion of the following number
of continuing education credits are required during each renewal period:
(A) prosthetist or orthotist license--24;
(B) prosthetist and orthotist license--40;
(C) prosthetist or orthotist assistant--12;
(D) prosthetist and orthotist assistant--20; and
(E) prosthetist with orthotist assistant license or
orthotist with prosthetist assistant license--32.
(f) At least 50% of the total hours of continuing education
required must be live, instructor-directed activities. Fifty percent
or less may be self-directed study. For purposes of this section,
live or pre-recorded instructor-directed activities may be offered
in-person or using telecommunications or information technology that
permits two-way interaction between the instructor and the attendee.
(g) Continuing education hours must be directly related
to prosthetics, orthotics, physical or occupational therapy, orthopedic,
podiatric, pedorthic, physical medicine or other subjects approved
by the department.
(h) Continuing education credits must be offered or
approved by a state, regional or national prosthetic or orthotic,
or allied health organization or offered by a regional accredited
college or university.
(i) Continuing education undertaken by a licensee shall
be acceptable if the licensee attends and participates in an activity
in the following categories:
(1) academic courses;
(2) clinical courses;
(3) in-service educational programs, training programs,
institutes, seminars, workshops, and conferences;
(4) self-study modules, with or without audio and video
components, and interactive computer-generated learning activities,
if a post-test is required and the number of hours completed do not
exceed 50% of the credits required;
(5) distance learning activities and audiovisual teleconferences,
provided a documented post-test is completed and passed;
(6) instructing or presenting in activities listed
in paragraphs (1) - (3). Multiple presentations of the same program
or equivalent programs may only be counted once during a continuing
education period;
(7) writing a book or article applicable to the practice
of prosthetics or orthotics. Four (4) credits for an article and eight
(8) credits for a book will be granted for a publication in the continuing
education period in which the book or article was published. Multiple
publications of the same article or an equivalent article may only
be counted once during a continuing education period. Publications
may account for 25% or less of the required credit;
(8) completing the human trafficking prevention training
required under Occupations Code, Chapter 116, and §114.40(c)(6)
of this chapter. A maximum of one (1) credit will be granted for completion
of the training during a continuing education period; and
(9) completing the jurisprudence examination required
by §114.22(b) of this chapter. Only one (1) self-directed study
credit will be granted for completion of the examination during a
continuing education period.
(j) Reporting of continuing education credit.
(1) At the time of license renewal, licensees shall
file a continuing education report on a department-approved form.
(2) The department shall employ an audit system for
continuing education reporting. The license holder shall be responsible
for maintaining a record of his or her continuing education experiences.
The certificates, diplomas, or other documentation verifying earning
of continuing education hours are not to be forwarded to the department
at the time of renewal unless the license holder has been selected
for audit.
(3) The audit process shall be as follows:
(A) The department shall select for audit a random
sample of license holders for each renewal month. License holders
will be notified of the continuing education audit when they receive
their renewal notice.
(B) If selected for an audit, the licensee shall submit
copies of certificates, transcripts or other documentation satisfactory
to the department, verifying the licensee's attendance, participation
and completion of the continuing education. All documentation must
be provided at the time of renewal.
(C) Failure to timely furnish this information or providing
false information during the audit process or the renewal process,
are grounds for disciplinary action against the license holder.
(D) A licensee who is selected for continuing education
audit may renew through the online renewal process. However, the license
will not be considered renewed until required continuing education
documents are received, accepted and approved by the department.
(k) Licenses will not be renewed until continuing education
requirements have been met.
(l) The following licensees are exempt from the requirements
of this section if the qualifying event occurred during the twenty-four
(24) months immediately preceding the license expiration date. The
licensee shall submit proof satisfactory to the department:
(1) a licensee who suffered a mental or physical illness
or disability that prevented the licensee from complying with the
requirements of this section; or
(2) a licensee who suffered a catastrophic event such
as a flood, fire, tornado or hurricane that prevented the licensee
from complying with the requirements of this section.
(m) Licensees employed as faculty in CAAHEP accredited
programs or in programs having educational standards equal to or greater
than CAAHEP in prosthetics and orthotics shall be exempt from 50%
of the continuing education requirements in this section.
(n) Licensed practitioners who are renewing under retired
voluntary charity care status shall be exempt from 50% of the continuing
education requirements in this section.
(o) Failure to submit documentation satisfactory to
the department as required by subsection (l), shall be considered
the same as failing to meet the continuing education requirements
of this section.
(p) Untrue documentation or information submitted to
the department may subject the licensee to disciplinary action.
(q) Activities unacceptable as continuing education
for which the department may not grant continuing education credit
are:
(1) education incidental to the licensee's regular
professional activities such as learning occurring from experience
or research;
(2) professional organization activity such as serving
on boards, committees or councils or as an officer;
(3) continuing education activities completed before
the renewal period; and
(4) performance of duties that are routine job duties
or requirements.
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| Source Note: The provisions of this §114.50 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542; amended to be effective May 1, 2022, 47 TexReg 2524; amended to be effective January 15, 2023, 48 TexReg 43 |
