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PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS
§ 5360. Fees
(a) Application for Preliminary Education Course Approval. Five hundred eighty-eight dollars ($588).
(b) Application for Continuing Education Course Approval. Three hundred ninety-six dollars ($396) for the first four (4)
hours plus eighty-seven dollars ($87) for each additional hour.
(c) Application for Instructor Approval. Four hundred seventy-two dollars ($472).
Note: This fee does not apply to an instructor of a college or university with accreditation approved by the U.S.
Department of Education or to a course provider applying for instructor approval.
(d) Application to Change an Approved Courses. One hundred seventy-eight dollars ($178) for each course.
(e) Application for Continuing Education Equivalency Approval. One hundred sixty-seven dollars ($167) for the first
two (2) hours plus sixty-six dollars ($66) for each additional hour.
(f) Application for Continuing Education Exemption. Two hundred eleven dollars ($211).
(g) Application for Approved Course Renewal. One hundred twenty-seven dollars ($127), plus sixty-three dollars
($63) if changes are made to the course or related materials.
(h) Application for Instructor Renewal. One hundred eight dollars ($108).
(i) Resubmittal of Corrected Applications. Twenty-five percent of the original filing fee specified in this section not to
exceed one hundred dollars ($100).
(j) Change of Ownership, Name or Address. Forty-five dollars ($45).
(k) Certification of Course Presentation. Twenty-two dollars ($22) plus seven dollars ($7) for each attendee in a
classroom type course; three dollars ($3) for each correspondence course or course challenge.
§ 5362. Denial of Approval
(a) The department shall not approve any application for approval submitted pursuant to this subchapter when any of
the following conditions exist:
(1) The requirements of this subchapter have not been satisfied.
(2) The applicant for instructor approval or course approval has been convicted of a felony, a misdemeanor
involving moral turpitude or a misdemeanor associated with MH-Unit sales.
(3) The applicant for instructor approval or course approval is or was a holder of a license issued by the department
pursuant to this chapter which has been revoked, suspended; or if the applicant has been placed on probation, or the
licensee has been ordered to pay fines, penalties or restitution pursuant to a hearing or stipulation and waiver
resulting from departmental action against the licensee.
(b) When the department denies approval of an application submitted pursuant to this subchapter, the department
shall provide written notice to the applicant describing the reasons for denial and providing information as to appeal
rights.
§ 5364. Cancellation of Approval
(a) Whenever the department discovers that a previously approved preliminary or continuing education course,
instructor, or application is in violation of the provisions of this subchapter the department shall take enforcement action
as prescribed in this section.
(b) If the violations can be corrected, the department shall provide written notice to the person responsible for the
violations(s) and require correction within at least twenty (20) calendar days of the notice or such time as determined
appropriate by the department.
(c) If the violations cannot be corrected, the department shall issue a written warning to the person(s) responsible for
the violation(s) in which the violations(s) is identified and the recipient is ordered to immediately discontinue those
activities which are in violation.
(d) If the violations were committed willfully, or when a person served with a written notice issued pursuant to this
section fails to comply, the department shall cancel the approval status.
§ 5366. Appeals Procedure
(a) Any person receiving a written notice issued pursuant to Sections 5362 or 5364 of this subchapter, may request
and shall be granted a presentation of views before the director or his or her designee. Such person shall file with the
department a petition requesting a presentation of views. For the purposes of this section, a petition shall be a written
request, briefly stating the grounds for the request.
(b) Upon receipt of a petition, the department shall set a time and place for the presentation of views and shall give
the petitioner written notice thereof. The presentation of views shall commence no later than thirty (30) calendar days
after receiving the petition or such other time as requested by the petitioner if good and sufficient cause exists. Should
the petitioner fail to appear at the scheduled time and place, the department may dismiss the petition without further
action or take such other action as may be appropriate to obtain compliance.
(c) Within thirty (30) calendar days of the presentation of views, the department shall notify the petitioner in writing of
the decision in the matter and the reasons therefore.
§ 5368. Enforcement
In order to enforce the provisions of the Health and Safety Code relating to preliminary and continuing education and
this subchapter, representatives of the department shall be permitted to:
(a) Enter at reasonable times and without advance notice, any premises where preliminary or continuing education
courses are presented and monitor such presentation.
(b) Examine and copy any records or documents required by this subchapter.
(c) Require the submittal of copies or records required by this subchapter.
(d) Take such other action permitted by law to carry out the requirements of law and this subchapter.
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