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