1. (a) Course Materials--In preparation for the Continuing Professional Education course year, which begins on July 1, of each year, the Board will annually approve Course Materials to be used for the Continuing Professional Education (CPE) required for renewal of Journeyman Plumber, Master Plumber, Tradesman Plumber-Limited Licensee and Plumbing Inspector Licenses. The CPE required for the renewal of the aforementioned licenses, shall be accepted by the Board as the mandatory training required under §1301.404 of the Plumbing License Law for the renewal of Drain Cleaner, Drain Cleaner-Restricted Registrant and Residential Utilities Installer registrations. The Course Materials are the printed materials that are the basis for a substantial portion of a CPE course and which are provided to the Licensees and Registrants for use in the classroom, correspondence courses and future reference by the Licensees and Registrants (students). The provider of Course Materials, Course Provider and Course Instructor shall encourage the student to retain the Course Materials for future reference and shall not purchase the used Course Materials from the student or otherwise offer any incentive to the student to not retain the Course Materials. Board approval of Course Materials will be subject to all of the terms and conditions of this Section. The following minimum criteria will be used by the Board in considering approval of Course Materials:

   1. (1) The Course Materials will provide the basis for a minimum of six classroom hours of study. Three of the six hours will be in the subjects of health protection, energy conservation and water conservation, with the remaining three hours covering subjects which shall include information concerning the Act, Board Rules, current industry practices and codes, and subjects from lists of approved subjects published by the Board.
   2. (2) The Board will periodically publish lists of approved subjects.
   3. (3) The Course Materials must be presentations of relevant issues and changes within the subject areas as they apply to the plumbing practice in the current market or topics which increase or support the Licensee's development of skill and competence.
   4. (4) The provider of the Course Materials must provide the Course Materials, as needed, in correspondence course form to comply with §1301.404(e) of the Act and subsection (b)(15)(L) of this section, which are to be made available for at least three (3) years or as necessary for renewal of an expired license.
   5. (5) The Course Materials may not advertise or promote the sale of goods, products or services.

   6. (6) The Course Materials must be printed and bound and, with the exception of the draft versions, must meet the following minimum technical specifications for printing and production:

      1. (A) Binding--Perfect or Metal Coiled,
      2. (B) Ink--Full Bleed Color,
      3. (C) Cover Material--80 Pound Gloss Paper,
      4. (D) Page Material--70 Pound.
   7. (7) The Course Materials will include Board forms used for doing business with licensees, registrants and the public. The Board forms shall be marked as being provided for example purposes only. Course Materials will provide information stating that the most current Board forms are available on the Board's website or by mail upon request.

   8. (8) All Course Materials must have the following characteristics:

      1. (A) Correct grammar, spelling and punctuation,
      2. (B) Appropriate illustrations and graphics to show concepts not easily explained in words, and
      3. (C) In depth and comprehensive presentation of subject matter which increases or supports the skills or competence of the Licensees and Registrants.
   9. (9) The provider of Course materials must have legal ownership of or an appropriate license for the use of all copyrighted material included within the Course materials. Board approved Course materials will contain a prominently displayed approval statement in 10 point bold type or larger containing the following language: "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."
   10. (10) The provider of Course Materials will conduct instructor training in the use of Course Materials.
   11. (11) The provider of Course Materials will be required to have distribution facilities that will ensure prompt distribution of course materials, facsimile ordering and a statewide toll free telephone number for placing orders. The provider of Course Materials must ship any ordered material within ten business days after the receipt of the order and payment for the course materials.

   12. (12) The Board shall annually approve only individuals, businesses or associations to provide Course Materials. Any individual, business or association who wishes to offer to provide Course Materials shall apply to the Board for approval using application forms prepared by the Board. In order to be approved, the application must satisfy the Board as to the ability of the individual, business or association to provide quality Course Materials as required in this section and must include:

       1. (A) name and address of individual applicant,
       2. (B) names and addresses of all officers, directors, trustees or members of the governing board of any business or association applicant,
       3. (C) statement by individual applicant, and each officer, director, trustee or member of governing board as to whether he or she has ever been convicted of a felony,
       4. (D) current certificate of good standing issued to the business or association by the Texas Comptroller of Public Accounts for business or association applicants,
       5. (E) fees to be charged for Course Materials,
       6. (F) taxpayer identification number,
       7. (G) name, telephone number and electronic mail address of the individual who is designated by the provider of Course Materials to be responsible for answering inquiries and receiving notifications from the Board.
   13. (13) If the provider of Course Materials sells Course Materials to Course Providers, Registrants and Licensees, the Course Provider must sell the Course Materials at the same price as stated in the application.

   14. (14) The Board may refuse to accept any application for approval as a provider of Course Materials that is not complete. The Board may deny approval of an application for any of the following reasons:

       1. (A) failure to comply with the provisions of this section; or
       2. (B) inadequate coverage of the materials required to be included in Course Materials.
   15. (15) If an application is refused or disapproved, written notice detailing the basis of the decision shall be provided to the applicant.
   16. (16) A provider's authority to offer the Course Materials for which CPE credit is given begins on July 1, of the calendar year of approval and continues until the Course Materials are no longer required for the renewal of an expired license or registration. When requested in writing, the Board may authorize the use of these Course Materials prior to July 1, for industry related programs.

   17. (17) All providers of Course Materials must meet the following time schedule each year for approval of Course Materials:

       1. (A) At least 15 copies each of the draft version of the Course Materials must accompany the Course Material Provider application and be submitted to the Board's office no later than November 15 for Board approval at its January Board meeting.
       2. (B) At least 15 copies each of the revised version of the Course Materials must be submitted to the Board's office no later than March 15, for Board approval at its April Board meeting.
       3. (C) At least 15 copies each of all Course Materials that are approved at the Board's April Board meeting shall be provided to the Board's office in completed form no later than July 1 at no cost to the Board.
   18. (18) A provider's failure to comply with this section constitutes grounds for disciplinary action against the provider or for disapproval of future applications for approval as a provider of Course Materials.

2. (b) Course Providers--The Board will annually approve only individuals, businesses or associations as Course Providers. Course Providers will offer classroom and correspondence instruction in the Course Materials used for the Continuing Professional Education (CPE) required for renewal of all licenses and applicable registrations issued under the Act. Board approval of Course Providers will be subject to all of the terms and conditions of this Section. The following minimum criteria will be used by the Board in considering approval of Course Providers:

   1. (1) CPE courses shall be presented in one of the following formats:

      1. (A) Six classroom hours presented on one day;
      2. (B) Two sessions of three classroom hours each presented within a seven day period; or
      3. (C) An approved correspondence course.
   2. (2) Not less than three hours of the classroom course will be in the subjects of health protection, energy conservation and water conservation.
   3. (3) Presentations must be based on the Course Materials and any other materials approved by the Board.
   4. (4) In addition to Course Materials, presentations may include videos, films, slides or other appropriate types of illustrations and graphic materials related to the Course Materials.

   5. (5) Course Providers shall limit the number of students for any CPE class to forty-five (45). Course Providers may allow a Course Instructor to admit additional students in excess of forty-five (45) who apply to the Course Instructor for admittance to the class on the day of the class, only if the additional students:

      1. (A) 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. (B) present valid identification to the Course Instructor which indicates the additional students' status under subparagraph (A) of this paragraph.
   6. (6) A Course Provider may not advertise or promote the sale of any goods, products or services between the opening and closing hours of any CPE class.
   7. (7) Each Course Provider shall furnish a Certificate of Completion of CPE to each Licensee and Registrant who completes its CPE course. The Certificate of Completion shall state the name of the Course Provider, the name of the student, the course year and the date the CPE course was completed.

   8. (8) Each Course Provider shall, at its own expense and in a format approved by the Board, electronically transmit to the Board certification of each Licensee's and Registrant's completion of CPE requirements within forty-eight hours of completion.

      1. (A) The Board may provide training to the Course Provider in the method for electronic transmittal.
      2. (B) The Board may charge a fee to recover its costs for computer software and training in the use of the software to the Course Provider.
   9. (9) Each Course Provider shall be reviewed annually by the Board to ensure that classes have been provided equitably across the state of Texas, except as provided in paragraph (15)(J) of this subsection.

   10. (10) Each Course Provider must notify the Board at least 7 days before conducting a class or electronically post notice of the class schedule on the Course Provider's website at least 7 days before conducting a class.

       1. (A) The notice shall contain the time(s) and place(s) where the classes will occur, and the name of the Course Instructor scheduled for each class.
       2. (B) The notice shall be provided to the Board, whether or not the class is open to all licensees and registrants or limited to only a specific group or organization.

       3. (C) The Course Provider shall provide a method to receive immediate notification from the scheduled Course Instructor, in the event that the Course Instructor is unable to provide instruction for the scheduled class; and

          1. (i) the Course Provider shall make every effort to provide a substitute Course Instructor in order to avoid cancelling the scheduled class.
          2. (ii) If cancellation of the class is unavoidable for any reason, the Course Provider shall make every effort to immediately notify each student affected by the cancellation; and
          3. (iii) reschedule the cancelled class as soon as possible; and
          4. (iv) notify the Board of the cancellation within 72 hours.
   11. (11) Each Course Provider will perform self-monitoring of its classes and Course Instructors to ensure compliance with the Act and Board rules and reporting as required by the Board.
   12. (12) Each Course Provider shall use only Course Instructors that have been approved by the Board. Each Course Provider shall annually submit to the Board's office a list of Course Instructors it employs and the instructors' credentials for approval no later than March 15 for approval by the Board at its April Board meeting. The Board may approve additional Course Instructors who meet the requirements of subsection (c) of this section, at any regularly scheduled Board meeting.
   13. (13) Prior to allowing Course Instructors to teach CPE, Course Providers must provide documentation to the Board showing the instructor's successful completion of Course Materials training.
   14. (14) Course Instructors must comply with subsection (c) of this section. Course Providers shall notify the Board within 10 days of any change of an instructor's employment status with the Course Provider.

   15. (15) Any individual, business or association who wishes to be a Course Provider shall apply to the Board for approval using application forms prepared by the Board. In order to be approved, the application must satisfy the Board as to the ability of the individual, business or association to provide quality instruction in the Course Materials as required in this section and must include:

       1. (A) name and address of individual applicant,
       2. (B) names and addresses of all officers, directors, trustees or members of the governing board of any business or association applicant,
       3. (C) statement by individual applicant, and each officer, director, trustee or member of governing board as to whether he or she has ever been convicted of a felony,
       4. (D) current certificate of good standing issued to the business or association by the Texas Comptroller of Public Accounts for business or association applicants,
       5. (E) taxpayer identification number,
       6. (F) facsimile number, statewide toll free telephone number, Internet web site and electronic mail address,

       7. (G) fees to be charged to Licensees for attending the course, considering the following:

          1. (i) If the Course Provider is not also a provider of Course Materials and will purchase Course Materials, the Course Provider may not charge the Licensees or Registrants more than its actual cost for the Course Materials supplied to the Licensees and Registrants by the Course Provider.
          2. (ii) The fees charged to the Licensees and Registrants for attending the course will be determined by the Course Provider.
       8. (H) an example of a Licensee's and Registrant's Certificate of Completion of CPE,
       9. (I) CPE class scheduling plan,

       10. (J) plan for providing courses equitably across the state. The following individuals or businesses will not have to comply with this subparagraph:

           1. (i) Employers applying to be approved as Course Providers for the purpose of providing CPE courses only to the employers' employees, and
           2. (ii) Individuals who will not employ Course Instructors other than themselves,

       11. (K) method for compiling statistical data regarding number of CPE classes conducted, students instructed and similar data required to be submitted to the Board, in accordance with the following:

           1. (i) Course Providers shall provide quarterly reports no later than December 15, March 15, June 15 and September 15, for the first year in which the Course Provider provides CPE courses;
           2. (ii) Renewing Course Providers shall provide only annual reports, no later than September 15 of each year, for the preceding CPE course year.

       12. (L) method for ensuring that only Licensees and Registrants who meet one or more of the following requirements may receive CPE credit for taking an CPE correspondence course:

           1. (i) any Licensee or Registrant that lives outside of the State of Texas, or
           2. (ii) lives in a county that does not have a city with a population in excess of 100,000, or
           3. (iii) who has an expired license or registration that requires a CPE course that is no longer available in the classroom, or
           4. (iv) who submits written proof to the Board from a physician stating the medical reason that the licensee or registrant is unable to attend a CPE class;
       13. (M) identification of the Course Materials which will be used by the Course Provider; and
       14. (N) the name, telephone number and electronic mail address of the individual who is designated by the Course Provider to responsible for answering inquiries and receiving notifications from the Board.

   16. (16) The Board may refuse to accept any application for approval as a Course Provider that is not complete. The Board may deny approval of an application for any of the following reasons:

       1. (A) failure to comply with the provisions of this section; or
       2. (B) inadequate instruction of the materials required to be included in Course Materials.
   17. (17) If an application is refused or disapproved, written notice detailing the basis of the decision shall be provided to the applicant.
   18. (18) A Course Provider's authority to offer instruction in the Course Materials for which CPE credit is given, begins on July 1, of the calendar year of approval and expires on June 30, of the following calendar year after approval.
   19. (19) All Course Provider applications must be submitted to the Board office no later than December 1, each year for approval at the Board's January meeting.
   20. (20) The Board shall review Course Providers for quality in instruction. The Board shall also investigate and take appropriate action, up to and including revocation of authority to provide CPE, regarding complaints involving approved Course Providers.
   21. (21) A provider's failure to comply with this section constitutes grounds for disciplinary action, up to and including revocation of authority to provide CPE, against the provider or for denial of future applications for approval as a Course Provider.

3. (c) Course Instructors--The Board will annually approve Course Instructors to provide the classroom instruction in the Course Materials used for the Continuing Professional Education (CPE) required for renewal of Journeyman Plumber, Master Plumber, Tradesman Plumber-Limited Licensee and Plumbing Inspector Licenses and Drain Cleaner, Drain Cleaner-Restricted Registrant and Residential Utilities Installer registrations. Board approval of Course Instructors will be subject to all of the terms and conditions of this Section. Course Providers must submit the application of an individual who wishes to be approved by the Board as a Course Instructor, as provided by subsection (b)(12) and (13) of this section. The following minimum criteria will be used by the Board in considering approval of Course Instructors:

   1. (1) Instructors must be licensees of the Board and attend and successfully complete a Course Instructor Certification Workshop each year conducted by the Board (the Board will charge a fee to recover its costs for conducting the Course Instructor Certification Workshop).

   2. (2) Instructors will be required to successfully complete a Board approved program of 160 clock hours which meets the following criteria. The Board will allow credit for approved courses.

      1. (A) 40 hours to provide the Instructor with the basic educational techniques and instructional strategies necessary to plan and conduct effective training programs.
      2. (B) 40 hours to provide the Instructor with the basic techniques and strategies necessary to analyze, select, develop, and organize instructional material for effective training programs.
      3. (C) 40 hours to provide the Instructor with the basic principles, techniques, theories, and strategies to establish and maintain effective relationships with students, co-workers, and other personnel in the classroom, industry, and community.
      4. (D) 40 hours to provide the Instructor with the basic principles, techniques, theories, and strategies to communicate effectively with the use of instructional media.
      5. (E) To maintain his/her status as an approved Course Instructor, the Instructor shall undergo one of the aforementioned training programs every 12 months such that the entire training (160 hours) is complete within four years.
   3. (3) A Course Instructor may not advertise or promote the sale of goods, products, or services between the opening and closing hours of any CPE class.

   4. (4) As a Course Instructor and Licensee of the Board, a Course Instructor must comply with the Plumbing License Law and Board Rules, including §367.2 of this title (relating to Standards of Conduct). An Instructor has a responsibility to his students and employer to:

      1. (A) be well versed in and knowledgeable of the Course Materials and ensure that classroom presentations are based only on the Course Materials and other materials approved by the Board,
      2. (B) maintain an orderly and professional classroom environment,
      3. (C) ensure that only students who receive six contact hours of instruction (excluding any time spent on breaks from instruction) receive credit for attending the CPE class,
      4. (D) notify the Course Provider immediately, if the Course Instructor is unable to provide instruction for a CPE class that the instructor was scheduled to instruct, to allow the Course Provider to make every effort to provide a substitute Course Instructor to avoid cancelling the class, and
      5. (E) coordinate with the Course Provider to develop an appropriate method for handling disorderly and disruptive students. A Course Instructor shall report to the Course Provider and the Board, any non-responsive and disruptive student who attends a CPE course. The Board may deny CPE credit to any such student and require, at the student's expense, successful completion of an additional CPE course to receive credit.
   5. (5) The Board shall review Course Instructors for quality of instruction. The Board shall also respond to complaints regarding Course Instructors.
   6. (6) A Course Instructor's failure to comply with this section constitutes grounds for disciplinary action against the Instructor or for disapproval of future applications for approval as a Course Instructor.
   7. (7) At the beginning of each CPE class, the Course Instructor shall provide each individual student with a separate single page handout containing the text of paragraphs (4) - (6) of this subsection, in a format provided by the Board.

Source Note:The provisions of this §365.14 adopted to be effective May 14, 2000, 25 TexReg 3955; amended to be effective August 29, 2001, 26 TexReg 6299; amended to be effective December 30, 2001, 26 TexReg 10587; amended to be effective May 30, 2002, 27 TexReg 4571; amended to be effective August 11, 2004, 29 TexReg 7702; amended to be effective July 31, 2006, 31 TexReg 5969; amended to be effective February 2, 2009, 34 TexReg 597; amended to be effective February 3, 2011, 36 TexReg 424.