Texas Register

RULE §365.19Course and Training Providers [of Continuing Professional Education Programs]
ISSUE 07/08/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(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 ] 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 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 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 program. 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 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 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 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; and

     [(C)][the course year;] and

    (C)[(D)] the date the instruction was completed.

  (2)Within [forty-eight (48) hours] three (3) business days of issuing a certificate of completion, a Course Provider shall[, at its own expense and in a format approved by the Board,] electronically submit certification of each student's completion of any 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 June 24, 2022


Lynn Latombe

General Counsel

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: August 7, 2022

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

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