Bill Text: TX HB3800 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the licensing and regulation of professional fitness trainers; providing a penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Licensing & Administrative Procedures [HB3800 Detail]
Download: Texas-2011-HB3800-Introduced.html
82R11400 SLB-F | ||
By: Paxton | H.B. No. 3800 |
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relating to the licensing and regulation of professional fitness | ||
trainers; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle H, Title 3, Occupations Code, is | ||
amended by adding Chapter 456 to read as follows: | ||
CHAPTER 456. PROFESSIONAL FITNESS TRAINERS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 456.001. DEFINITIONS. In this chapter: | ||
(1) "Department" means the Department of State Health | ||
Services. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(3) "Fitness equipment" includes weight-training | ||
equipment and assessment tools, including calipers, scales, and | ||
measuring tapes. | ||
(4) "Licensed professional fitness trainer" means a | ||
person who provides professional fitness training under a license | ||
issued under this chapter. | ||
(5) "Professional fitness training" means the | ||
instruction of exercise and techniques to achieve physical fitness, | ||
including: | ||
(A) physical assessment and performance testing; | ||
(B) manual stretching; | ||
(C) isometric and manual techniques to provide | ||
improved muscle facilitation and increased range of motion; | ||
(D) exercise selection, programming, and | ||
techniques; and | ||
(E) instruction on the safe use of fitness | ||
equipment. | ||
Sec. 456.002. APPLICABILITY OF CHAPTER. This chapter does | ||
not apply to a person licensed in this state as a physician, nurse, | ||
massage therapist, physical therapist, occupational therapist, | ||
athletic trainer, or chiropractor. | ||
Sec. 456.003. PRACTICES NOT INCLUDED IN PROFESSIONAL | ||
FITNESS TRAINING. (a) The practice of a licensed physical fitness | ||
trainer does not include an activity that would require the removal | ||
of a client's clothing. | ||
(b) In this chapter, professional fitness training does not | ||
include a service or procedure that would require a license to | ||
practice an occupation listed in Section 456.002. | ||
Sec. 456.004. VOLUNTARY LICENSE; USE OF TITLE. (a) A | ||
license issued under this chapter is not required to practice | ||
professional fitness training. | ||
(b) A person may not use the title "Licensed Professional | ||
Fitness Trainer" unless the person holds a license issued under | ||
this chapter. | ||
[Sections 456.005-456.050 reserved for expansion] | ||
SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER | ||
AND DEPARTMENT | ||
Sec. 456.051. RULES. The executive commissioner shall | ||
adopt rules necessary to implement this chapter. | ||
Sec. 456.052. CONTINUING EDUCATION. The department shall | ||
recognize, prepare, or administer continuing education programs | ||
for persons licensed under this chapter. A license holder must | ||
participate in the programs as required by the executive | ||
commissioner to renew a license. | ||
Sec. 456.053. GENERAL DUTIES OF DEPARTMENT. The department | ||
shall: | ||
(1) administer this chapter; | ||
(2) investigate a person who may be engaging in a | ||
practice in violation of Section 456.004(b); | ||
(3) establish criteria for the courses described by | ||
Section 456.102(3); and | ||
(4) approve schools or programs that offer the courses | ||
described by Section 456.102(3). | ||
[Sections 456.054-456.100 reserved for expansion] | ||
SUBCHAPTER C. LICENSING | ||
Sec. 456.101. LICENSE APPLICATION. An applicant for a | ||
professional fitness trainer license must submit to the department: | ||
(1) an application on a form prescribed by the | ||
department; and | ||
(2) the required fee. | ||
Sec. 456.102. APPLICANT QUALIFICATIONS. An applicant for a | ||
professional fitness trainer license must: | ||
(1) be at least 18 years of age; | ||
(2) have a current certification in first aid and | ||
cardiopulmonary resuscitation; and | ||
(3) have completed at least 250 hours of training or | ||
instruction in the following courses: | ||
(A) 25 hours of anatomy; | ||
(B) 25 hours of physiology; | ||
(C) 25 hours of kinesiology; | ||
(D) 10 hours of health and hygiene; | ||
(E) 10 hours of business basics; | ||
(F) 75 hours of practical instruction; and | ||
(G) 80 hours in business, exercise training, | ||
physical assessment, injury care and prevention, and physical | ||
development. | ||
Sec. 456.103. LICENSE ISSUANCE. The department shall issue | ||
a license to an applicant who meets the requirements of Section | ||
456.102. | ||
Sec. 456.104. LICENSE EXPIRATION; RENEWAL. (a) A license | ||
issued under Section 456.103 expires on the first anniversary of | ||
the date of issuance. | ||
(b) A license holder may renew an unexpired license by | ||
complying with rules adopted by the executive commissioner. | ||
(c) The executive commissioner by rule may adopt a system | ||
under which licenses expire on various dates during the year. For | ||
the year in which the license expiration date is changed, the | ||
license fee shall be prorated on a monthly basis so that a license | ||
holder pays only that portion of the license fee that is allocable | ||
to the number of months during which the license is valid. On | ||
renewal of the license on the new expiration date, the total license | ||
renewal fee is payable. | ||
[Sections 456.105-456.150 reserved for expansion] | ||
SUBCHAPTER D. PROHIBITED PRACTICE | ||
Sec. 456.151. PROHIBITED USE OF TITLE. (a) A person | ||
commits an offense if the person violates Section 456.004(b). | ||
(b) An offense under this section is a Class C misdemeanor. | ||
SECTION 2. This Act takes effect September 1, 2011. |