Part III.
Texas Board of Chiropractic Examiners
Chapter 73.
Licenses and Renewals
22 TAC §73.2
The Texas Board of Chiropractic Examiners proposes an amendment
to §73.2, concerning renewal of license. The current fee schedule in
§73.2(c) is amended to reflect the correct fees for late renewal of
a license, which a licensee must pay under Texas Civil Statutes, Article
4512b, §8a. Article 4512b, §8a calculates late fees as part or
all of the fee for the examination for new applicants, depending on how long
a license has expired for nonrenewal. The current late fees set out in §73.2(c)
are not based on the current examination fee and thus, need to be amended.
The proposed amendment sets out the correct fees for late renewal. The section
is also amended to change the date of renewal for licensees. The board has
implemented a stagger system of renewal based on a licensee's birth date.
Under the amendment, renewal is due on or before the first day of a licensee's
birth month, instead of January 1 of each year. Lastly, the rule is amended
by adding a new paragraph (5) which sets out the statutory late fee for persons
whose license has expired for one year or longer, but who have been practicing
in another state for two years.
Joyce Kershner, director of licensure, has determined that for the first
five year period the rule is in effect, there may be some positive fiscal
implications for state government, but none for local government, as a result
of enforcing or administering the rule. To the extent that licensees are
late in renewing their annual licenses and thus are required to pay the additional
late fees, additional revenue will be gained for the state. An exact dollar
amount cannot be estimated because the amount of late fees collected has not
been tracked as a separate revenue item.
Dr. Keith Hubbard, D.C. chairman of the rules committee also has determined
that for each year of the first five years the rule is in effect, the public
benefit anticipated as a result of enforcing the rule will be that licensees
are provided notice of the exact dollar amount of the statutory fee for failing
to renew timely their state license. It is anticipated that the fees for late
renewal will encourage more licensees to renew timely each year which will
enable the board to have more accurate and timely information, not only on
the status of current licensees, but also on the expected revenue from license
renewals. There will be no added effect on small businesses versus that on
larger businesses. Each licensee is subject to the same requirements, regardless
of the size of their practice. The anticipated economic cost to persons who
are required to comply with the rule as proposed will be a greater cost to
licensees who fail to renew timely their licensee as required by statute.
A licensee may avoid an increase in the total cost to renew through the imposition
of the late fee by applying for renewal within the statutory deadline for
renewal.
Comments may be submitted, no later than 30 days form the date of this
publication to Dr. Keith Hubbard, D.C., Chairman, Rules Committee, Texas Board
of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas
78701.
The amendment is proposed under Texas Civil Statutes,
Article 4512b, §4(c), §4a, which authorize the board to adopt rules
necessary for performance of its duties, the regulation of the practice of
chiropractic, and the enforcement of the act, and §8a which sets out
the statutory fees relating to late renewal of a license issued by the board.
The following are the statutes, articles or codes affected by the proposed
amendment: §73.2 - Texas Civil Statutes, Article 4512b, §§4(c),
4a, 8a.
§73.2. Renewal of License.
(a)-(b)
(No change.)
(c)
Expired License.
(1)
If a license is not renewed on or before
the first
day of the licensee's birth month
[
(2)
If a person's license has [
(3)
If a person's license has [
(4)
If a person's license has [
(5)
At the board's discretion, a person
whose license has expired for one year or longer may renew without complying
with paragraph (4) of this subsection if the person moved to another state
and is currently licensed and has been in practice in the other state for
two years preceding application for renewal. The person must also pay the
board the required renewal fee, as provided in §75.7 of this title (relating
to Fees), and a late fee of $445.
(6)
[
(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717092
Joyce Kershner
Director of Licensure
Texas Board of Chiropractic Examiners
Proposed date of adoption: February 2, 1998
For further information, please call: (512) 305-6700
22 TAC §75.7
The Texas Board of Chiropractic Examiners proposes an amendment
to §75.7, concerning fees. The current fee schedule in §75.7 is
amended to remove the processing fee for an inactive license and the reference
to the "retired license processing fee" since the Chiropractic Act provides
only a fee for processing active license applications. The charges for certain
documents, which are available through the board and are listed in items I
through L and Q through R currently existing as a table in the Texas Administrative
Code, are moved to a new subsection and changed to reflect the correct charges
for public information which the board uses as determined under General Services
Commission (GSC) rules, 1 TAC §§111.61-111.70, relating to (Cost
of Copies of Open Records).
Joyce Kershner, director of licensure, has determined that for the first
five year period the rule is in effect, there will be some negative fiscal
implications for the state but none for local government as a result of enforcing
or administering the rule. In FY97, inactive registration has provided for
approximately $59,125 in revenue from 473 inactive applications. Assuming
the same number of inactive applications for the first five year period after
adoption of the amendment, this yearly revenue will no longer be collected
under the proposed rule. This loss, however, may be offset by an increase
in the penalties for late renewal, which is being proposed under a separate
rulemaking. The state could experience reduced revenue from providing copies
of agency information under the amendments, depending on the number of requests
for copies of public information and the personnel time involved to provide
the information. The cost per page is reduced to $.10 for regular size copies
from $.50 per page; for labels, to $.22 per page from $1 per page. The personnel
cost is estimated at a minimum of $7.50 per 1/2 hour. Accordingly, the minimum
cost for information such as a list of active licensees would be reduced from
$67.50 to $18.50.
Ms. Kershner also has determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be that licensees are provided notice of the current fees charged
by the board. There will be no added effect on small businesses versus that
on larger businesses. Each licensee is subject to the same requirements, regardless
of the size of their practice. The anticipated economic cost to persons who
are required to comply with the rule as proposed will include less cost to
those licensees who apply for inactive status. Members of the public who request
copies of documents affected by the amendment may obtain those documents at
a lower cost depending on the number of copies and personnel costs to provide.
The overall public benefit of the change in fees on board documents will be
to ensure that the public has access to copies of public documents at a reasonable
and consistent price while the board is able to recoup its actual costs for
such documents as provided in the Texas Open Records Act and the GSC's open
records charges.
Comments may be submitted, no later than 30 days form the date of this
publication to Dr. Keith Hubbard, D.C., Chairman, Rules Committee, Texas Board
of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas
78701.
The amendments are proposed under Texas Civil Statutes, Article
4512b, §4(c), §4a, which authorize the board to adopt rules necessary
for performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the act, and Government Code, Chapter 552, Subchapter
F relating to charges for providing copies of public information.
The following are the statutes, articles or codes affected by the proposed
amendment: §75.7 - Texas Civil Statutes, Article 4512b, §4(c), 4a.
§75.7. Fees and Charges for Public Information
(a)
Current fees required by the
board are listed as follows, in paragraphs (1)-(11) of this subsection:
(1)
[
[B.
Inactive License Processing Fee $125]
[C.
Retired License Processing Fee $0]
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
[I.
List of New Licensees $ 25]
[J.
Lists of Licensees $12.50 processing
fee + $.50/pg.]
[K.
Licensee Labels $12.50 processing fee
+ $1.00/pg.]
[L.
Demographic Profile $12.50 processing
fee + $.50/pg.]
(7)
[
(8)
[
(9)
[
(10)
[
[Q.
Facilities List $12.50 processing fee
+ $.50/pg.]
[R.
Facilities Labels $12.50 processing fee
+ $1.00/pg.]
(11)
[
(b)
Copies of public information,
not excepted from disclosure by the Texas Open Records Act, Government Code,
Chapter 552, including the information listed in paragraphs (1)-(6) of this
subsection, may be obtained upon written request to the board, at the rates
established by the General Services Commission for copies of public information,
1 TAC §§111.61-111.70.
(1)
List of New Licensees
(2)
Lists of Licensees
(3)
Licensee Labels
(4)
Demographic Profile
(5)
Facilities List
(6)
Facilities Labels
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717093
Joyce Kershner
Director of Licensure
Texas Board of Chiropractic Examiners
Proposed date of adoption: February 2, 1998
For further information, please call: (512) 305-6700
Chapter 163.
Licensure
22 TAC §§163.1, 163.8
The Texas State Board of Medical Examiners proposes amendments
to §163.1 and §163.8, concerning definitions and administration
of examinations. The amendments are proposed to ensure that all examination
requirements are consistent and equal.
Tony Cobos, general counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications to
state or local government as a result of enforcing or administering the sections
as proposed.
Mr. Cobos also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as
a result of enforcing the sections will be to ensure that all examination
requirements are consistent and equal. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the sections as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations
and bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of
the practice of medicine in this state, and the enforcement of this Act.
The Medical Practice Act, Texas Civil Statutes, Article 4495b, §3.05,
is affected by the proposed amendments.
§163.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the contents clearly indicate otherwise.
(1)
Acceptable approved medical school - A medical
school or college located in the United States or Canada that was approved
by the board at the time the degree was conferred.
(2)
Acceptable unapproved medical school -
A school or college located outside the United States or Canada that was not
approved by the board at the time the degree was conferred but whose curriculum
meets the requirements for an unapproved medical school as determined by a
committee of experts selected by the Texas Higher Education Coordinating Board.
(3)
Affiliated hospital - Affiliation status
of a hospital with a medical school as defined by the Liaison Committee on
Medical Education and documented by the medical school in its application
for accreditation.
(4)
Applicant - One who files an application
as defined in this section.
(5)
Application - An application is all documents
and information necessary to complete an applicant's request for licensure
including the following:
(A)
forms furnished by the board, completed by the applicant:
(i)
all forms and addenda requiring a written response must
be printed in ink;
(ii)
photographs must meet United States government passport
standards;
(B)
a fingerprint card, furnished by the board, completed
by the applicant, that must be readable by the Texas Department of Public
Safety;
(C)
all documents required under § 163.7 of this title
(relating to Licensure Documentation); and
(D)
the required fee, payable by check through a United States
bank.
(6)
Eligible for licensure in country
of graduation - An applicant must be eligible for licensure in the country
in which the medical school is located except for any citizenship requirements.
(7)
Equivalent registration - An applicant
for licensure by endorsement must apply for licensure based upon another state
or provincial license that requires as part of its registration:
(A)
a form signed by the physician;
(B)
a fee; and
(C)
periodic registration of a physician's license.
(8)
Examinations accepted by the board
for licensure by endorsement -
(A)
United States Medical Licensing Examination (USMLE), passed
within three attempts, with a score of 75 or better on each step, all steps
must be passed within seven years;
(B)
Federation Licensing Examination (FLEX), after July 1985,
passed within three attempt, passage of both components within seven years
with a score of 75 or better on each component;
(C)
Federation Licensing Examination (FLEX), prior to June
1985, passed within three attempts, with a FLEX weighted average of 75 or
better in one sitting;
(D)
National Board of Medical Examiners Examination (NBME)
or its successor;
within three attempts, all steps must be passed within
seven years;
(E)
National Board of Osteopathic Medical Examiners Examination
(NBOME) or its successor
within three attempts, all steps must be passed
within seven years;
(F)
Medical Council of Canada Examination (LMCC) or its successor,
within three attempts, all steps must be passed within seven years;
(G)
state board examination,
within three attempts,
(with the exception of Florida, Virgin Islands, Guam, Tennessee Osteopathic
Board or Puerto Rico after June 30, 1963); or
(H)
one of the following examination combinations, passed
within three attempts with a score of 75 or better on each part,
level,
component, or step,
all parts, levels, components, or steps must
be passed within seven years
[
(i)
FLEX I plus USMLE 3;
(ii)
USMLE 1 and USMLE 2, plus FLEX II;
(iii)
NBME I and NBME II, plus USMLE 3;
(iv)
NBME I or USMLE 1, plus NBME II or USMLE 2, plus NBME
III or USMLE 3;
(v)
NBME 1 or USMLE 1, plus NBME II or USMLE 2, plus FLEX
II.
(vi)
the NBOME Part I or COMLEX
Level I and NBOME Part II or COMLEX Level II and NBOME Part III or COMLEX
Level III.
(9)
Examinations administered by
the board for licensure by examination - To be eligible for licensure by examination
an applicant must sit for the required examination administered by the board
and pass. A passing score is 75 or better on the USMLE and the Texas medical
jurisprudence examinations. A passing score is 75 or better on COMLEX Level
III of the NBOME examination or its successor. All steps or components must
be passed within seven years. The board shall administer Step 3 of the United
States Medical Licensing Examination (USMLE); COMLEX Level III of the National
Board of Osteopathic Medical Examiners (NBOME) examination or its successor
after September 1, 1997; and the Texas medical jurisprudence examination in
writing at times and places as designated by the board.
(10)
Full force - Applicants for licensure
by endorsement must possess a license in another jurisdiction which is in
full force and not restricted, canceled, suspended, or revoked. A physician
with a license in full force may include a physician who does not have a current,
active, valid annual permit in another jurisdiction because:
(A)
that jurisdiction requires the physician to practice in
the jurisdiction before the annual permit is current; or
(B)
that jurisdiction requires the physician, prior to practicing
in that jurisdiction, to hold a current professional liability insurance policy
before the annual permit is current.
(11)
Good professional character - An
applicant for licensure must not be in violation of or have committed any
act described in the Medical Practice Act, §3.08.
(12)
Hardship - The practice of medicine in
a Texas county with less than three active full-time physicians in the entire
county.
(13)
One-year training program - Applicants
who are graduates of acceptable approved medical schools must successfully
complete one year of postgraduate training approved by the board that is:
(A)
accepted for certification by an American specialty board
that is a member of the American Board of Medical Specialties or the Advisory
Board of Osteopathic Specialists; or
(B)
accredited by one of the following:
(i)
the Accreditation Council for Graduate Medical Education,
or its predecessor;
(ii)
the American Osteopathic Association;
(iii)
the Committee on Accreditation of Preregistration Physician
Training Programs, Federation of Provincial Medical Licensing Authorities
of Canada;
(iv)
the Royal College of Physicians and Surgeons of Canada;
or
(v)
the College of Family Physicians of Canada; or
(C)
a postresidency program, usually called fellowship, for
additional training in a medical specialty or subspecialty in a program approved
by the Texas State Board of Medical Examiners.
(14)
Requisite qualifications - An endorsement
applicant who is a graduate of an unapproved acceptable medical school who:
(A)
has for the preceding five years been a licensee of another
state or a Canadian province;
(B)
is not the subject of a sanction imposed by or disciplinary
matter pending in any state or Canadian province in which the applicant is
licensed to practice medicine; and
(C)
is either specialty board certified by a board that is
a member of the American Board of Medical Specialities or the Advisory Board
for Osteopathic Specialists or successfully passes the Special Purpose Examination
(SPEX).
(15)
Sponsor - A licensed Texas physician
who:
(A)
holds a current annual registration in this state that
is current and in full force;
(B)
has no past, present, or pending disciplinary matters
in any jurisdiction; and
(C)
will be on site to supervise a physician who has been
issued a temporary license for out-of-state practitioners under the Medical
Practice Act, §3.0305.
(16)
Substantially equivalent to a Texas
medical school - A medical school or college located outside the United States
or Canada must be an institution of higher learning designed to select and
educate medical students; provide students with the opportunity to acquire
a sound basic medical education through training in basic sciences and clinical
sciences; to provide advancement of knowledge through research; to develop
programs of graduate medical education to produce practitioners, teachers,
and researchers; and to afford opportunity for postgraduate and continuing
medical education. The school must provide resources, including faculty and
facilities, sufficient to support a curriculum offered in an intellectual
environment that enables the program to meet these standards. The faculty
of the school shall actively contribute to the development and transmission
of new knowledge. The medical school shall contribute to the advancement of
knowledge and to the intellectual growth of its students and faculty through
scholarly activity, including research. The medical school shall include,
but not be limited to, the following characteristics:
(A)
The facilities for basic sciences and clinical training
(i.e., laboratories, hospitals, library, etc.) shall be adequate to ensure
opportunity for proper education.
(B)
The admissions standards shall be substantially equivalent
to a Texas medical school.
(C)
The basic sciences curriculum shall include the contemporary
content of those expanded disciplines that have been traditionally titled
anatomy, biochemistry, physiology, microbiology and immunology, pathology,
pharmacology and therapeutics, and preventive medicine, as defined by the
Texas Higher Education Coordinating Board.
(D)
The fundamental clinical subjects, which shall be offered
in the form of required patient-related clerkships, are internal medicine,
obstetrics and gynecology, pediatrics, psychiatry, and surgery, as defined
by the Texas Higher Education Coordinating Board.
(E)
The curriculum shall be of at least 130 weeks in duration.
(F)
All medical or osteopathic medical education received
by the applicant in the United States must be accredited by an accrediting
body officially recognized by the United States Department of Education as
the accrediting body for medical education leading to the doctor of medicine
degree or the doctor of osteopathy degree in the United States. This subsection
does not apply to postgraduate medical education or training.
(G)
An applicant who is unable to comply with the requirements
of subparagraph (F) of this definition is eligible for an unrestricted license
if the applicant:
(i)
received such medical education in a hospital or teaching
institution sponsoring or participating in a program of graduate medical education
accredited by the Accrediting Council for Graduate Medical Education, the
American Osteopathic Association, or the Texas State Board of Medical Examiners
in the same subject as the medical or osteopathic medical education if the
hospital or teaching institution has an agreement with the applicant's school;
or
(ii)
is specialty board certified by a board approved by the
American Osteopathic Association or the American Board of Medical Specialties.
(17)
Three-year training program
- Applicants who are graduates of unapproved medical schools must successfully
complete three years of postgraduate training in the United States or Canada:
(A)
accredited by one of the following:
(i)
the Accreditation Council for Graduate Medical Education;
(ii)
the American Osteopathic Association;
(iii)
the Committee on Accreditation of Preregistration Physician
Training Programs, Federation of Provincial Medical Licensing Authorities
of Canada;
(iv)
the Royal College of Physicians and Surgeons of Canada;
(v)
the College of Family Physicians of Canada; and
(vi)
all programs approved by the board after August 25, 1984;
or
(B)
a board-approved program for which a faculty temporary
license was issued; or
(C)
a postresidency program, usually called fellowship, for
additional training in a medical specialty or subspecialty in a program approved
by the Texas State Board of Medical Examiners.
(18)
Unapproved medical school - A school
or college located outside the United States or Canada that was not approved
by the board at the time the degree was conferred.
§163.8. Administration of Examinations.
(a)-(d)
(No change.)
(e)
All [
(f)-(g)
(No change.)
(h)
An applicant shall not be eligible to sit for the [
(1)
(No change.)
(2)
the applicant has passed the NBOME Part I
or
COMLEX Level I
and NBOME Part II
or COMLEX Level II
examinations
with a passing grade of 75 or better on each part within three attempts; and
(3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717071
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 305-7016
22 TAC §166.2
The Texas State Board of Medical Examiners proposes an amendment
to §166.2, concerning continuing medical education. The amendment will
clarify that continuing medical education courses recognized by the Committee
for Review and Recognition of the Accreditation Council for Continuing Medical
Education and sponsored by state medical societies, meet the Texas State Board
of Medical Examiners' requirements for continuing medical education for license
renewal.
Tony Cobos, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications to state
or local government as a result of enforcing or administering the section
as proposed.
Mr. Cobos also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be clarification of continuing medical education
courses regarding the Texas State Board of Medical Examiners' requirements
for continuing medical education for license renewal. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the section as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
The Medical Practice Act, Texas Civil Statutes, Article 4495b, §3.025
is affected by this proposal.
§166.2. Continuing Medical Education.
(a)
As a prerequisite to the annual registration of a physician's
license, 24 hours of continuing medical education (CME) are required to be
completed in the following categories:
(1)
At least one-half of the hours are to be from formal courses
that are:
(A)
designated for AMA/PRA Category 1 credit by a CME sponsor
accredited by the Accreditation Council for Continuing Medical Education or
[
(B)-(D)
(No change.)
(2)-(3)
(No change.)
(b)-(p)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717081
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 305-7016
22 TAC §171.9
The Texas State Board of Medical Examiners proposes an amendment
to §171.9, concerning faculty temporary license. The amendment will ensure
that medical school faculty who would not be eligible for an unrestricted
physician license, as outlined in chapter 163 of this title (relating to Licensure)
would also not be eligible for a faculty temporary license.
Tony Cobos, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications to state
or local government as a result of enforcing or administering the section
as proposed.
Mr. Cobos also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a
result of enforcing the section will be consistency among chapters concerning
licensure and institutional permits. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations
and bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of
the practice of medicine in this state, and the enforcement of this Act.
The Medical Practice Act, Texas Civil Statutes, Article 4495b, §3.01(b),
is affected by the proposed amendment.
§171.9. Faculty Temporary License.
(a)
The board may issue a faculty temporary license to practice
medicine to a physician appointed by a Texas medical school in accordance
with this subchapter:
(1)
who holds a valid license in another state or Canadian
province or has completed three years of post-graduate training and
has not failed a licensure examination that would prevent the faculty temporary
license permit holder from obtaining an unrestricted physician license in
Texas; and
(2)
(No change.)
(b)-(i)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717072
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 305-7016
22 TAC §§175.1, 175.2
The Texas State Board of Medical Examiners proposes amendments
to §175.1 and §175.2, concerning fees and penalties. The amendments
to §175.1 will outline fees for processing an application for acudetox
specialists and annual renewal of acudetox specialists; fees for approval
of continuing acupuncture and acudetox acupuncture education courses. The
amendments to §175.2 will outline penalty fees for renewal of non-certified
radiologic technician's registration expired for 1-90 days.
Tony Cobos, general counsel, has determined that for the first five-year
period the rules are in effect there will be fiscal implications as a result
of enforcing or administering the rules. The cost to the agency to implement
the rules should be offset by the fees collected.
Mr. Cobos also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be the establishment of reasonable fees and penalties for administering
the program. There may be an effect on small businesses, which provide continuing
education courses; exact cost cannot be determined at this time.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed under the Medical Practice Act, Texas
Civil Statutes, Article 4495(b), §2.09(a) which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations,
and bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
Texas Civil Statutes, Article 4495(b), §209 and Subchapter F are affected
by the proposed amendments.
§175.1.Fees.
The board shall charge the following fees:
(1)-(21)
(No change.)
(22)
processing an application for acudetox
specialist - $50;
(23)
acudetox specialist annual renewal
- $25;
(24)
review and approval of continuing
acupuncture education courses - $50;
(25)
review and approval of continuing
acudetox acupuncture education courses - $50.
§175.2.Penalties.
The board shall charge the following penalties:
(1)-(6)
(No change.)
(7)
renewal of non-certified radiologic
technician's registration expired for 1-90 days - $25.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717082
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 305-7016
22 TAC 181.1-181.7
(Editor's note: The Texas State Board of Medical Examiners proposes
for permanent adoption the new sections it adopts on an emergency basis in
this issue. The text of the new sections is in the Emergency Rules section
of this issue.)
The Texas State Board of Medical Examiners proposes
new §§181.1-181.7, concerning contact lens prescriptions. New chapter
181 is mandated by the 75th Legislature through the Texas Contact Lens Prescription
Act, Chapter 1345. The new chapter is proposed in order to set forth the criteria
under which a patient may request and receive a contact lens prescription
and under which a physician shall provide such prescription.
Tony Cobos, general counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications to
state or local government as a result of enforcing or administering the sections
as proposed.
Mr. Cobos also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be to set forth the criteria under which
a patient may request and receive a contact lens prescription and under which
a physician shall provide such prescription. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the sections as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The new sections are proposed under the Medical Practice Act,
Texas Civil Statutes, Article 4495b §2.09(a), which provides the Texas
State Board of Medical Examiners with the authority to make rules, regulations
and bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
The Texas Contact Lens Prescription Act, Chapter 1345 and Texas Revised
Civil Statutes Article 4552-A, are affected by the proposed new sections.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717074
Bruce A.Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners proposes the repeal of
§183.17 and new §183.17 and §183.23, concerning acupuncture.
The proposed repeal and proposed new sections are as a result of Senate Bill
1765, 75th Legislature, which requires the Board of Medical Examiners to certify
acudetox specialists, annually renew certification, and monitor continuing
education for these registrants.
Tony Cobos, general counsel, has determined that for the first five-year
period the sections are in effect there will be fiscal implications to state
and local government as a result of enforcing or administering the sections
as proposed. In accordance with §183.17, the revenue to the state is
estimated at $15,000 for the first year and $7,500 each year thereafter. In
accordance with §183.23, the cost is undetermined at this time.
Mr. Cobos also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be the certification of acudetox specialists,
the annual certification renewal, and the monitoring of continuing education
for registrants. There will be no effect on small businesses. The cost to
implement the program is estimated to be at least $11,540 per year.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
22 TAC §183.17
(Editor's note: The Texas State Board of Medical Examiners proposes
for permanent adoption the repeal section it adopts on an emergency basis
in this issue. Therepeal section is in the Emergency Rules section of this
issue.)
The repeal is proposed under the Medical Practice
Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides the
Texas State Board of Medical Examiners with the authority to make rules, regulations
and bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
The Medical Practice Act, Texas Civil Statutes, Article 4495b, §6.02
and §6.118 is affected by this proposal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717079
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 305-7016
22 TAC §§183.17, 183.23
(Editor's note: The Texas State Board of Medical Examiners proposes
for permanent adoption the new sections it adopts on an emergency basis in
this issue. The text of the new sections is in the Emergency Rules section
of this issue.)
The new sections are proposed under the Medical Practice
Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides the
Texas State Board of Medical Examiners with the authority to make rules,
regulations and bylaws not inconsistent with this Act as may be necessary
for the governing of its own proceedings, the performance of its duties,
the regulation of the practice of medicine in this state, and the enforcement
of this Act.
The Medical Practice Act, Texas Civil Statutes, Article 4495b, §6.02
and §6.118 is affected by this proposal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717080
Bruce A. Levey, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 305-7016
Chapter 283.
Licensing Requirements for Pharmacists
22 TAC §283.2, §283.4
The Texas State Board of Pharmacy proposes amendments to
§283.2 and §283.4, concerning definitions and Internship Requirements.
The amendments, if adopted, will establish a definition for the "Texas Pharmacy
Jurisprudence Exam" and establish an expiration date for pharmacist internship
as specified in SB 609 passed by the 75th Legislature.
Gay Dodson, R.Ph., Executive Director, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Ms. Dodson also has determined that for each year of the first five-year
period the rule will be in effect the public benefit anticipated as a result
of enforcing the rule will be the establishment of requirements for practical
training of pharmacists.
There will be no effect on small businesses. There are not anticipated
economic costs to person who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Steve Morse, R.Ph., Director
of Compliance, 333 Guadalupe Street, Suite 3-600, Box 21, Austin, Texas, 78701-3942.
The amendments are proposed under the Texas Pharmacy Act (Article
4542a-1, Texas Civil Statutes, §17(a)(3) which gives the Board the responsibility
for the specification and enforcement of requirements for practical training
including internship and §20(a) which gives the Board the authority to
adopt rules regarding the expiration date of internship.
The statutes affected by these rules: Texas Civil Statutes, Article 4542a-1.
§283.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
Texas Pharmacy Jurisprudence Exam or Texas Drug and Pharmacy Jurisprudence
Examination
- A licensing exam developed or approved
by the Board which evaluates an applicant's knowledge of the drug and pharmacy
requirements to practice pharmacy legally in the state of Texas.
Extended-intern
- A pharmacist-intern, registered with the
board, who has:
(A)
(No change.)
(B)
applied to the board to take the [
(i)-(ii)
(No change.)
(C)
applied to the board to take the [
(D)-(E)
(No change.)
§283.4. Internship Requirements.
(a)-(b)
(No change.)
(c)
Student Internship Programs.
(1)-(2)
(No change.)
(3)
Expiration date for student-intern designation. The
student-internship remains in effect until the earlier of the following occurs:
(A)
(No change.)
(B)
the failure of the student-intern to take the [
(C)
upon receipt of the results of the [
(d)
Extended-internship program.
(1)
A person may be designated an extended-intern provided
he/she has made application to the board and met one of the following requirements:
(A)
(No change.)
(B)
applied to the board to take the [
(i)-(ii)
(No change.)
(C)
applied to the board to take the [
(D)-(E)
(No change.)
(2)
(No change.)
(3)
The extended internship remains in effect until the
earlier of the following occurs:
(A)
the failure of the extended-intern to take the [
(B)
the failure of the extended-intern to pass the [
(C)
(No change.)
(4)
(No change.)
(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717054
Gay Dodson, R.Ph
Executive Director
Texas State Board of Pharmacy
Proposed date of adoption: February 10, 1998
For further information, please call: (512) 305-8026
22 TAC §305.1
The Texas State Board of Pharmacy proposes an amendment to
§305.1, concerning Pharmacy Education Requirements. These amendments,
if adopted, will modify the description of a professional practice degree
to match language in SB 609 passed by the 75th Texas Legislature.
Gay Dodson, R.Ph., Executive Director has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Ms. Dodson also has determined that for each year of the first five-year
period the rule will be in effect the public benefit anticipated as a result
of enforcing the rule will be the establishment of a standard for education
necessary for a candidate to take the pharmacy licensing exam.
There will be no effect on small businesses. There are not anticipated
economic costs to person who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Cathy Stella Director of Licensing
and Administrative Services, 333 Guadalupe Street, Suite 3-600, Box 21, Austin,
Texas, 78701-3942.
The amendment is proposed under the Texas Pharmacy Act Article
4542a-1, Texas Civil Statutes, §17(a)(3) which gives the Board the authority
to determine and issue standards for recognition and approval of degree requirements
of colleges of pharmacy whose graduates shall be eligible for licensing in
this state; and §21 (a) and (e) which give the Board the authority to
require that a candidate for licensure must have graduated and received a
professional practice degree, as defined by the rules adopted by the board,
from an accredited pharmacy degree program approved by the board.
The statutes affected by this rule: Texas Civil Statutes, Article 4542a-1.
Chapter 305 Educational Requirements.
§305.1. Pharmacy Education Requirements.
[
[
[(b)
Definitions. The following words and
terms, when used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.]
[(1)
First professional undergraduate degree - A bachelor
of science in pharmacy degree.]
[(2)
Advanced professional practice degree - A doctorate
in pharmacy degree.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717055
Gay Dodson, R.Ph
Executive Director
Texas State Board of Pharmacy
Proposed date of adoption: February 10, 1998
For further information, please call: (512) 305-8026
Chapter 599.
Treatment Standards
22 TAC §599.5
The Texas Structural Pest Control Board proposes an amendment
to §599.5, concerning inspection procedures. The proposed amendment clarifies
that a licensed certified applicator or technician must perform inspections
for purposes of issuing a wood destroying insect report. This is already required
on the form and is being added for clarification.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost
or estimated loss or increase in revenue to state or local government for
the first five year period the rule will be in effect.
Roger B. Borgelt, General Counsel has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be better understanding
of the requirements for who must conduct a wood destroying insect inspection.
There is no anticipated economic cost to individuals who are required to
comply with the rule as proposed.
Comments on the proposal may be submitted to Roger B. Borgelt, General
Counsel, Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin,
Texas 78723.
The amendment is proposed under Article 135b-6 which provides
the Structural Pest Control Board with the authority to license and regulate
persons who perform wood destroying insect inspections.
The following is affected by this proposed amendment:
Section 599.6-Texas Revised Civil Statutes Annotated, Article 135b-6.
§599.5.Inspection Procedures.
(a)
Inspections for the purpose of issuing a wood destroying
insect report or for post- construction termite treatment shall be conducted
in a manner consistent with the procedures described in this section.
Inspections for the purpose of issuing a Wood Destroying Insect Report must
be conducted by a licensed certified applicator or technician
. The
purpose of the inspection is to provide a report regarding the absence or
presence of Wood Destroying Insects (W.D.I.). The inspection should provide
the basis for recommendations of preventive or remedial actions to minimize
economic losses. For purposes of a Real Estate Transaction Inspection (Section
599.6 of this title (relating to Real Estate Transaction Inspection Reports)
only, there must be visible evidence of active infestation in the structure
or visible evidence of a previous infestation in the structure with no evidence
of prior treatment to recommend a corrective treatment. The inspection must
be conducted so as to ensure examination of visible accessible areas in accordance
with accepted procedures. While such an examination may reveal W.D.I., there
are instances when concealed infestations and/or damage may not be discovered.
Examinations of inaccessible or obstructed areas are not required.
(b)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716930
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 451-7200
22 TAC §599.6
The Texas Structural Pest Control Board proposes an amendment
to §599.6, concerning Real Estate Transaction Inspection Reports. The
proposed amendments modify the adoption by reference material to modify scope
of inspection to include baits, delete the technician license number from
1E. 4B is deleted and 4C is renumbered. 5A and 5B are deleted and 5C is renumbered
as 5. 8F is expanded to include baits. 9B allows treatment and/or correction
of conducive conditions. 10A is expanded to include formosan termites and
bait treatments. The option of a full treatment is eliminated and reference
is made to the termite treatment disclosure documents. Information on drywood
termites is added. 10B is amended to include baits as a treatment option
and the information on any contract or warranty in effect is bolded, along
with the requirement that copies of warranties be attached. Address is removed
from the structure diagram and approximate measurements are also removed.
The term diagram rather than graph is used throughout the document. The Board
proposes an effective date of September 1, 1998 for these changes.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost or
estimated loss or increase in revenue on state or local government for the
first five-year period the rule will be in effect.
Roger B. Borgelt, General Counsel has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule as proposed will be improvement
in the understanding and use of the Texas Official Wood Destroying Insect
Report by consumers, the real estate industry and the structural pest control
industry. The cost of re-printing the Texas Official Wood Destroying Insect
Report form is the anticipated economic cost to those individuals who are
required to comply with the rule as proposed.
Comments on the proposal may be submitted to Roger B. Borgelt, General
Counsel, Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin,
Texas 78723.
The amendment is proposed under Article 135b-6, which provides
the Structural Pest Control Board with the authority to license and regulate
persons who perform wood destroying insect inspections.
The following is affected by this proposed amendment:
Section 599.5-Texas Revised Civil Statutes Annotated, Article 135b-6.
§599.6.Real Estate Transaction Inspection Reports.
(a)-(b)
(No change.)
(c)
The Texas Official Wood Destroying Insect Report Form
SPCB\T-3
[
(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716931
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 451-7200
Chapter 761.
Perfusionists
January 1
] of each year,
it becomes expired.
been
] expired
for 90 days or less, the person may renew the license by paying to the board
the required renewal fee
as provided in §75.7 of this title (relating
to Fees),
and a late fee of
$222
[
$60
].
been
] expired
for longer than 90 days but less than one year, the person may renew the license
by paying to the board
the required
[
all unpaid
] renewal
fee
[
fees
],
as provided in §75.7 of this title
(relating to Fees)
and a late fee of
$445
[
$120
].
been
] expired
for one year or longer, the person may not renew the license but may obtain
a new license by submitting to reexamination and complying with the current
requirements and procedures for obtaining an initial license. ] expired for
one year or longer, the person may not renew the license but may obtain a
new license by submitting to reexamination and complying with the current
requirements and procedures for obtaining an initial license.
(5)
] The annual renewal application
will be deemed to be the written notice of the impending license expiration
forwarded to the person at the person's last known address according to the
records of the board.
Chapter 75.
Rules of Practice
A.
] License Renewal (Active)- $325
D.
] Examination Fee-$445
E.
] Re-examination Fee-$275
F.
] Provisional Licensure
(application only, license fee $325 upon approval)-$200
G.
] License Replacement-$
25
H.
] Annual Certificate Replacement-$
10
M.
] Certification of
License-$ 25
N.
] Continuing Education Application
Fee $100/yr. per sponsor
O.
] Radiologic Technologist
Application-$ 35
P.
] Facilities Registration-$
40
S.
] Examination Appeal
Fee-$ 25
Part IX.
Texas State Board of Medical Examiners
prior to 1998
]:
NBOME
] COMLEX Level III questions and
answers, with grades attached, shall be preserved for at least one year at
the National Board of Osteopathic Medical Examiners offices.
NBOME
] COMLEX Level III examination until:
Chapter 166.
Physician Registration
the Texas Medical Association
]
a state medical society recognized
by the Committee for Review and Recognition of the Accreditation Council for
Continuing Medical Education;
Chapter 171.
Institutional Permits
Chapter 175.
Schedule of Fees and Penalties
Chapter 181.
Contact Lens Prescriptions
Chapter 183.
Acupuncture
Part XV.
Texas State Board of Pharmacy
next scheduled
examination
]
NAPLEX and Texas Jurisprudence Examinations within
three calendar months
after graduation and has either:
next
scheduled examination
]
NAPLEX and Texas Jurisprudence Examinations
within three calendar months
after obtaining full certification from
the Foreign Pharmacy Graduate Equivalency Commission; or
next
regularly scheduled examination
]
NAPLEX and Texas Jurisprudence
Examinations within three calendar months
after graduation;
next regularly
scheduled examination after graduation
]
NAPLEX and Texas Jurisprudence
Examinations specified in this section.
next scheduled
examination
]
NAPLEX and Texas Jurisprudence Examinations within
three calendar months
after graduation and has:
next scheduled
examination
]
NAPLEX and Texas Jurisprudence Examinations within
three calendar months
after obtaining full certification from the Foreign
Pharmacy Graduate Equivalency Commission;
next regularly scheduled examination
]
NAPLEX and Texas Jurisprudence
Examinations within three calendar months
after graduation or Foreign
Pharmacy Graduate Equivalency Commission (FPGEC) certification;
next regularly scheduled examination
]
NAPLEX and Texas Jurisprudence
Examinations specified in this section;
; or
Chapter 305.
Education Requirements
(a)
]
Minimum Standards.
] The minimum
standards for the [
first professional undergraduate degree programs or
the advanced
] professional practice degree programs of a university,
school, or college of pharmacy whose graduates shall be eligible for licensing
in this state, shall be the minimum standards required by the American Council
of Pharmaceutical Education. The universities, schools, and colleges of pharmacy
whose [
first professional undergraduate degree programs or advanced]
professional practice degree programs have been approved by the board
shall be published in the minutes of each annual meeting of the board.
Part XXV.
Structural Pest Control Board
SPCB\T-2
] is adopted by reference. The form may
be examined in the office of the Texas Register and the Structural Pest Control
Board. Forms for reproduction may be obtained from the Structural Pest Control
Board office,
1106 Clayton Lane, Suite 100LW,
[
9101 FM 1325,
Suite 201
] Austin, Texas.
Part XXXIII.
Texas State Board of Examiners of Perfusionists