(a)A Board-approved Course Provider may offer a [CPE
] course or training program required for the renewal
of a license, endorsement or registration. [A Course Provider
may not offer a correspondence course during the CPE course year that
begins on July 1st of the calendar year in which the provider is first
approved by the Board.]
(b)A Course Provider shall only allow Board-approved
Course Instructors to teach the [CPE] courses and
training programs it offers. [A Course Provider shall notify
the Board as soon as practicable, and no later than five (5) days,
after any change in an instructor's employment status with the Course
Provider.]
(c)A Course Provider shall present courses and
training programs in hour long segments that are at least one (1)
hour in length. [a CPE course in one of the following formats:
]
[(1)a single day consisting of six
(6) clock hours of instruction in the classroom;]
[(2)two (2) days that fall within
the same seven (7) day period, each consisting of three (3) clock
hours of instruction in the classroom; or]
[(3)a Board-approved correspondence
format.]
[(d)A Course Provider shall not count
time allotted for breaks toward the six (6) clock hours of instruction
required by subsection (c) of this section.]
[(e)A Course Provider shall spend
a minimum of three (3) clock hours covering the subjects of health
protection, energy conservation and water conservation.]
[(1)All instruction provided shall be based on the
course materials described in §365.15 of this chapter and any
other materials approved by the Board.]
[(2)In addition to the course materials, Course Providers
may utilize videos, films, slides or other appropriate types of illustrations
and graphic materials so long as they relate to a subject covered
by the course materials.]
[(f)A Course Provider shall limit
the number of students for any CPE course to forty-five (45). A Course
Provider may allow a Course Instructor to admit four (4) additional
students, for a maximum of forty-nine (49), regardless of when the
students apply for admittance, if the additional students:]
[(1)are currently on active duty as members of the
United States Armed Forces, a reserve component of the United States
Armed Forces or the state military forces; and]
[(2)present valid identification to the Course Instructor
confirming the active duty status required by paragraph (1) of this
subsection.]
[(g)In addition to the price to be
charged a licensee or registrant enrolled in a course offered by the
provider, a Course Provider that is not also a Publisher of Course
Materials may impose a fee for the course materials that is less than
or equal to the cost it incurs to purchase the materials from a Board-approved
publisher.]
(d)[(h)] A Course Provider may
[shall] not advertise or promote the sale of any
goods, products or services during the instructional portion of a
CPE course, or allow a third party to advertise or promote the sale
of any goods, products or services during the instructional portion
of a [CPE] course or training. A Course
Provider may incorporate materials or presentations by a manufacturing
representative into their courses; however those presentations may
not contain gratuitous advertising as only educational and informative
portions of the presentation will be counted towards the number of
credit hour(s) given.
[(1)If a Provider allows a third
party access to its students before or after class, or during a break,
the third party shall not expend more than ten dollars ($10) per student
in connection with any food, drink, or promotional item provided to
the students.]
[(2)A Provider may not allow two
or more third party vendors to provide food or drink at a single CPE
course.]
(e)[(i)] At least seven (7)
days before conducting a course, a Course Provider shall give notice
to the Board via electronic mail of its intent to conduct the course
and [or] post notice of the course schedule on the
Course Provider's website.
[(1)]The notice shall contain the time(s)
and place(s) where the course(s) will occur and the name of the Course
Instructor scheduled to teach each course.
[(2)A Course Provider shall give
notice even if attendance at a course is limited to a specific group
or organization.]
[(3)A Course Provider that schedules
two (2) or more courses on the same date and time shall hold each
course at a separate location or in separate spaces within the same
location.]
(f)[(j)] A Course Provider shall
establish a system that allows it to receive immediate notification
from a Course Instructor in the event the Course Instructor is unable
to provide instruction for a scheduled course.
[(1)A Course Provider shall attempt
to provide a substitute Course Instructor in order to avoid cancelling
the scheduled course.]
(g)[(2)] If cancellation of
the course is unavoidable, the Course Provider shall:
(1)[(A)] immediately notify
each student affected by the cancellation;
(2)[(B)] offer to refund
and/or reschedule the cancelled course [as soon as possible];
and
(3)[(C)] notify the Board of
the cancellation within forty-eight (48) hours.
(h)[(k)] A Course Provider shall
furnish a certificate of completion of [CPE] to each licensee
, endorsement holder and registrant who completes a [CPE]
course or training program it offers.
(1)The certificate of completion shall state:
(A)the name of the Course Provider and Course Instructor;
(B)the name and license or registration number of
the student;
[(C)][the course year;] and
(C)[(D)] the date the instruction
was completed.
(2)Within forty-eight (48) hours of issuing a certificate
of completion, a Course Provider will [shall],
at its own expense and in a format approved by the Board, electronically
submit certification of each student's completion of CPE requirements.
[(A)The Board may provide training
to the Course Provider in the submission method selected, including
the use of any computer software.]
[(B)The Board may charge a fee to
recover its costs for computer software used to facilitate the submission
and training in the use of the software to the Course Provider.]
[(l)At least once per CPE course
year, a Course Provider shall perform self-monitoring of each of its
Course Instructors to ensure compliance with the Plumbing License
Law, Board Rules, and any reporting requirements adopted by the Board.]
[(m)A Course Provider shall submit
a report detailing its implementation of the strategic plan required
by §365.16(c)(4) of this chapter to the Board as follows:]
[(1)A Course Provider receiving Board approval for
the first time shall submit quarterly reports no later than March
15th, June 15th, September 15th and December 15th of the calendar
year in which it received approval.]
[(2)A Course Provider that is re-approved shall submit
a report no later than September 15th of the calendar year in which
it was re-approved; the report shall cover the implementation for
the preceding CPE course year.]
[(3)The requirements of this subsection and §365.16(c)(4)
of this chapter do not apply to a Course Provider that:]
[(A)is a business that offers CPE courses to its employees
only, and not to the general public; or]
[(B)is an individual who will not employ a Course
Instructor other than himself or herself.]
[(n)The Board shall annually monitor
each approved Course Provider to ensure the quality of the instruction
provided and the equitable provision of course across the state of
Texas.]
[(1)To assist with this task, the Board may post a
survey on its website that allows licensees and registrants who have
completed a CPE course to provide feedback about a Course Provider
or Instructor.]
[(2)If a Course Provider administers student surveys,
the Board may request a copy of the completed surveys to assist with
this task. A Course Provider shall maintain a paper or electronic
copy of each completed student survey for at least two (2) years after
the survey was administered.]
[(o)A Course Provider's failure to
comply with this section constitutes grounds for disciplinary action
against the provider, including revocation of authority to provide
CPE courses, or the denial of future applications for approval as
a Course Provider. The Board shall investigate a complaint against
a Course Provider in the same manner it investigates complaints against
licensees and registrants.]
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-202102855 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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