Texas Register

TITLE 22 EXAMINING BOARDS
PART 17TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 365LICENSING AND REGISTRATION
RULE §365.15Curriculum Minimum Standards. [ Course Materials for Continuing Professional Education Programs.]
ISSUE 08/06/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Curriculum must:

  (1)directly relate to the technical, legal or ethical aspects of plumbing, including grounds for discipline and professional responsibility;

  (2)keep licensees, registrants and endorsement holders informed of innovations, best practices and significant developments affecting the plumbing profession;

  (3)be tailored to registrants, if for use in a training program;

  (4)be tailored to licensees and endorsement holders, if for use in a continuing education course;

  (5)be structured to engage students by allowing them the opportunity to apply the content and skills being taught;

  (6)be based on the Plumbing License Law and Board Rules in effect at the time of approval;

  (7)be based on the currently adopted plumbing code(s) in effect at the time of approval or later edition(s);

  (8)be based on current Occupational Safety and Health Administration (OSHA) regulations in effect at the time of approval;

  (9)meet or exceed the water saving performance standards in Section 372.002 of the Texas Health and Safety Code in effect at the time of approval;

  (10)meet or exceed the energy efficiency performance standards in Section 388.003 of the Texas Health and Safety Code in effect at the time of approval; and

  (11)be comprehensive enough to support a course or training at least one (1) hour in length.

[(a)The course materials are the printed materials provided to the licensees and registrants attending a CPE course for use in the classroom or in conjunction with a correspondence course and for future reference].

  [(1)The Board shall publish a list of the approved subjects that course materials may cover and update the list as needed]

  [(2)The course materials shall not advertise or promote the sale of goods, products or services.]

(b)A person who desires to be a Publisher of Course Materials shall electronically submit a draft version of all the course materials it plans to utilize, a complete application and an application fee. [The course materials shall be comprehensive enough to support a minimum of six (6) classroom hours of study.]

   [(1)Three (3) hours shall cover the subjects of health protection, energy conservation and water conservation.]

   [(2)Three (3) hours shall cover subjects from the list of approved subjects published by the Board and include information concerning the Plumbing License Law, Board Rules, and current industry practices and codes.]

   [(3)All of the information covered shall present:]

    [(A)issues relevant to the plumbing trade in the current market;]

    [(B)changes to the plumbing trade; or]

    [(C)topics which increase or support the students' development of skill and competence in the plumbing trade.]

[(c)A Publisher of Course Materials, Course Provider or Course Instructor shall encourage the student to retain the course materials for future reference and shall not offer to buy back used course materials from a student or offer any other incentive intended to persuade a student not to retain the course materials.]

(c)[(d)] The Executive Director will [Board shall annually] approve continuing professional education courses and associated course materials [for the CPE course required] for the renewal of a [Journeyman Plumber, Master Plumber, Tradesman Plumber-Limited or Plumbing Inspector] License or Endorsement under §1301.404 of the Plumbing License Law and training programs and associated materials required for [or] the renewal of a Drain Cleaner, Drain Cleaner-Restricted or Residential Utilities Installer Registration under §1301.405 of the Plumbing License Law that meet the minimum curriculum standards.

   [(1)A Publisher of Course Materials shall electronically submit a draft version of the course materials, and a separate table of contents, to the Board for approval.]

   [(2)The draft submitted shall:]

    [(A)be free of all typos and grammar, spelling and punctuation errors;]

    [(B)include illustrations and graphics to show concepts not easily explained in words;]

    [(C)include a statement that the most current Board forms used for doing business with licensees, registrants, and the public are available on the Board's website or by mail upon request;]

    [(D)include a notice informing students of the provisions contained in §365.20(d)-(f) of this chapter; and]

    [(E)prominently display in bolded 10-point type, or larger, the following disclaimer: "THIS CONTINUING PROFESSIONAL EDUCATION COURSE MATERIAL HAS BEEN APPROVED BY THE TEXAS STATE BOARD OF PLUMBING EXAMINERS FOR USE IN THE (state year) CPE YEAR. BY ITS APPROVAL OF THIS COURSE MATERIAL, THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENTS OF THE COURSE MATERIAL. FURTHER, THE TEXAS STATE BOARD OF PLUMBING EXAMINERS IS NOT MAKING ANY DETERMINATION THAT THE PARTY PUBLISHING THE COURSE MATERIALS HAS COMPLIED WITH ANY APPLICABLE COPYRIGHT AND OTHER LAWS IN PUBLISHING THE COURSE MATERIAL AND THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY THEREFOR. THE COURSE MATERIAL IS NOT BEING PUBLISHED BY NOR IS IT A PUBLICATION OF THE TEXAS STATE BOARD OF PLUMBING EXAMINERS."]

(d)Course materials are valid for two (2) years from the date they are approved.

(e)The following curriculum is approved for continuing education and training credit without the need for an individual or organization to submit any type of application or application fee:

  (1)Occupational Safety and Health Administration (OSHA) Outreach Training Program's 10 or 30 hour Construction Card course;

  (2)Occupational Safety and Health Administration (OSHA) Outreach Training Program's 7.5 or 15 hour Disaster Site Worker Card course;

  (3)Occupational Safety and Health Administration (OSHA) Outreach Training Program's Occupational Safety and Health Standards for the Construction Industry course (#510);

  (4)Occupational Safety and Health Administration (OSHA) Outreach Training Program's Excavation, Trenching and Soil Mechanics course (#3015);

  (5)Occupational Safety and Health Administration (OSHA) Outreach Training Program's Introduction to OSHA for Small Businesses (#7510);

  (6)American Red Cross Cardiopulmonary Resuscitation (CPR) certification course;

  (7)American Red Cross Automated External Defibrillator (AED) certification course;

  (8)American Red Cross First Aid certification course;

  (9)NFPA 99, Medical Gas Systems (2021): Online Training Preparation for ASSE Series 6000 certification and recertification courses; and

  (10)ASSE Series 12000 certification and recertification courses in Infection Control.

[(e)Upon Board approval, final copies of the course materials shall be printed for distribution to students in a bound version meeting the following minimum technical specifications for printing and production:]

  [(1)Binding--Perfect or Metal Coiled;]

  [(2)Ink--Full Bleed Color;]

  [(3)Cover Material--80 Pound Gloss Paper; and]

  [(4)Page Material--70 Pound.]

(f)It is the responsibility of licensees, registrants and endorsement holders to ensure that they are taking a bona fide course though these organizations taught by instructors authorized by these organizations and to submit an official certificate of completion or similar documentation to the Board in order to receive credit. [ The Board may post a copy of the table of contents of each set of approved course materials on its website.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 26, 2021

TRD-202102853

Lisa Hill

Executive Director

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: September 5, 2021

For further information, please call: (512) 936-5216



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