Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter A. THE BOARD
22 TAC §51.3
The Texas State Board of Barber Examiners proposes new §51.3,
concerning Administrative Fines. The new proposal is a result of the 76th
Legislative Session, and the passage of Senate Bill 846, to include all rules
enforced by the board.
Will K. Brown, Executive Director has determined that for the first five-year
period the rule is in effect, there will be an increase in revenue to state
government as a result of enforcing or administering this new section. For
the assessment of administrative fines, Mr. Brown estimates that there will
be 500 violations per year. If the Board collects on 250 of those violations,
at an average cost of $308.00 each, a 20% reduction for early payment would
be a total of $61,600. The remaining 250 violations refereed to State Office
of Administrative Hearings (SOAH), would generate the full amount of $77,000.
There will be fiscal implications for the state or local government as a result
of enforcing or administering the rule in the amount of $138,600.
Mr. Brown also has determined that for each year of the first five-year
period the rules are in effect public benefit anticipated as a result of enforcing
the rule will be to ensure that schools, licensees, and permit holders comply
with the requirements of the rules of the board. There are anticipated economic
costs to persons who are required to comply with the rules as adopted.
Comments on the proposed new rule may be submitted to Will K. Brown, Executive
Director, State Board of Barber Examiners, 333 Guadalupe, Suite 2-110, Austin,
Texas 78701 no later than 30 days from the date that the proposed action is
published in the
Texas Register
.
The new rule is proposed under former Texas Barber Law, Texas
Civil Statutes, Article 8407a, Section 24A-M, (repealed) now recodified by
House Bill 3155 as Chapter 1601.155 OCCUPATIONS CODE (1999), which provides
the board with the authority to impose administrative penalties to protect
the public's health and safety.
Texas Civil Statutes, Article 8407a (repealed) now recodified as Chapter
1601 OCCUPATIONS CODE (1999), is effected by this proposed new rule.
§51.3.Administrative Fines.
(a)
Civil penalties will be assessed according to a schedule
of administrative fines set up by the board. It is the desire of the board
to be both consistent and equitable and to consider and evaluate each case
on an individual basis. The actual civil penalty which the board assesses
shall be based on the board's consideration of the factors in the LAW GOVERNING
THE PRACTICE OF BARBERING, but the fine for any one violation or rule adopted
under the LAW GOVERNING THE PRACTICE OF BARBERING shall not exceed $1,000.
(b)
Fine Schedule:
Figure: 22 TAC §51.3(b)
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.
Filed with the Office of
the Secretary of State, on February 22, 2000.
TRD-200001298
Will K. Brown
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 305-8475
Chapter 461.
GENERAL RULINGS
22 TAC §461.15
The Texas State Board of Examiners of Psychologists proposes
an amendment to §461.15, concerning Compliance with Act, Rules, Board
Directives and Orders. The amendment is being proposed in order to ensure
that licensees comply with the requirements and rules of the Board by clarifying
which services will be deemed exempt in accordance with §501.004 of the
Psychologists' Licensing Act.
Sherry L. Lee, 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. Lee 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 to makes the rules easier for licensees and the general public
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§461.15.Compliance with Act, Rules, Board Directives and Orders.
(a)
Licensees[
(b)
The activities and services of licensees
who work in the exempt setting set forth in §501.004(a)(1) of the Act
are exempt from the Act and the rules provided that the activities and services
are the duties that they perform as employees of a government agency or a
regionally accredited institution of higher education and the duties are provided
within the confines of the agency or institution with which they are employed.
Other requirements of licensure set by the Act and rules must be adhered to
by licensees in these exempt settings.
(c)
Under §501.004(a)(2) of the Act, a
student, intern or resident in psychology is exempt from the Act and Rules
if the conditions set forth in §501.004(a)(2)(A)-(C) of the Act are met.
However, a student, intern, or resident in psychology who wishes to obtain
licensure with this Board must provide services in accordance with the applicable
rules regarding internship and/or experience requirements for application
for each type of licensure.
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.
Filed with the Office of
the Secretary of State, on February 22, 2000.
TRD-200001333
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 305-7700
22 TAC §463.9
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.9 concerning Licensed Specialist in School Psychology.
The amendment is being proposed in order to reflect the time parameters and
formal requirements necessary for completing an internship for licensure as
a specialist in school psychology and to reflect the correct citation reference
in accordance with the recodification of the Psychologists' Licensing Act
in the Occupations Code.
Sherry L. Lee, 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. Lee 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 to make the rules easier for licensees and the general public
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§463.9.Licensed Specialist in School Psychology.
(a) - (b)
(No change.)
(c)
Completion of internship [
(d)
Additional Requirements. In addition to the requirements
of subsection (a) through (c) of this section, applicants for licensure as
a specialist in school psychology must meet the requirements imposed under
§501.255(a)(2)-(a)(9)
[
(e) - (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.
Filed with the Office of
the Secretary of State, on February 22, 2000.
TRD-200001334
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 305-7700
22 TAC §469.8
The Texas State Board of Examiners of Psychologists proposes
new §469.8, concerning Rehabilitation Guidelines. The new rule is being
proposed in order to reorganize and clarify the rules of the Board.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to make the rule easier for licensees and the general
public to follow and understand. 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 proposals may be submitted to Janice C. Alvarez, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The new rule is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed new rule does not affect other statutes, articles, or codes.
§469.8.Rehabilitation Guidelines.
(a)
In the event of revocation or suspension of a license due
to non-compliance with the rules of the Board and/or its ethical principles,
the Board, in its discretion, may implement a plan of rehabilitation. The
plan shall outline the steps the person must follow in order to be considered
for relicensure or removal of suspension. Completion of the plan may lead
to consideration of submission of an application for relicensure; removal
of suspension; removal of supervision requirements. In the event the licensee
has not met the Board's criteria for rehabilitation, the plan may be revised,
expanded, and/or continued depending upon the progress of the rehabilitation
program.
(b)
The Board may follow one or more options in devising a
rehabilitation program:
(1)
The individual may be supervised in all or selected areas
of activities related to his/her practice as a licensee by a licensed psychologist
approved by the Board for a specified length of time.
(A)
The Board will specify the focus of the supervision.
(B)
The Board will specify the number of hours per week required
in a face-to-face supervisory contract.
(C)
The supervisor will provide periodic and timely reports
to the Board concerning the progress of the supervisee.
(D)
Any fees for supervision time will be the responsibility
of the supervisee.
(E)
The supervisor is acting as a 'friend' of the Board. Judgements
of the supervisor are to be made independently and without reference to Board
opinions.
(2)
The individual may be expected to successfully
complete a variety of appropriate educational programs. Appropriate educational
formats may include but are not limited to workshops, seminars, courses in
regionally accredited universities, or organized pre- or post-doctoral internship
settings. Workshops or seminars which are not held in a setting of academic
review (approved continuing education) need prior approval of the Board.
Any course of study must be approved by the Board prior to enrollment if it
is to meet the criteria of a rehabilitation plan.
(3)
The Board may require of the individual:
(A)
psychodiagnostic evaluations by a psychologist approved
by the Board;
(B)
a physical examination including alcohol and drug screening
by a physician approved by the Board;
(C)
psychotherapy on a regular basis from a psychologist approved
by the Board;
(D)
any other requirement that seems appropriate to the individual
case.
(4)
The Board may require the individual to:
(A)
take or retake and pass the appropriate professional examination;
(B)
take or retake and pass the Jurisprudence Examination;
(C)
take or retake and pass the Oral Examination;
(D)
complete any other requirement that seems appropriate to
the individual case.
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.
Filed with the Office of
the Secretary of State, on February 22, 2000.
TRD-200001335
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 305-7700
22 TAC §470.8
The Texas State Board of Examiners of Psychologists proposes
an amendment to §470.8, concerning Informal Disposition of Complaints
and Applications Disputes. The amendment is being proposed in order to reflect
the correct citation reference in accordance with the recodification of the
Psychologists' Licensing Act in the Occupations Code.
Sherry L. Lee, 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. Lee 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 to make the rules easier for the general public and licensees
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§470.8. Informal Disposition of Complaints and Applications Disputes.
(a)
(No change.)
(b)
Applications Disputes.
(1)
After an appeal has been properly requested in accordance
with §463.30
of this title (relating to Time Period for Appealing
a Decision)
, the matter shall be referred to the Applications Dispute
Committee. The applicant shall be offered an opportunity to attend an informal
conference and show compliance with all Board licensing requirements, in accordance
with §2001.054 of the Administrative Procedure Act.
(2)-(5)
(No change.)
(c)
Confidentiality of Informal Settlement Conferences. The
Panel may take any and all steps necessary to ensure the confidentiality of
the informal settlement conference in accordance with
§501.205
[
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.
Filed with the Office of
the Secretary of State, on February 22, 2000.
TRD-200001336
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 305-7700
22 TAC §470.21
The Texas State Board of Examiners of Psychologists proposes
an amendment to §470.21, concerning Disciplinary Guidelines. The amendment
is being proposed in order to reflect the correct citation reference in accordance
with the recodification of the Psychologists' Licensing Act in the Occupations
Code.
Sherry L. Lee, 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. Lee 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 to make the rules easier for the general public and licensees
to follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701, (512) 305-7700.
The amendment is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§470.21. Disciplinary Guidelines.
(a)
(No change.)
(b)
Limitations. This rule will be construed and applied so
as to preserve Board members' discretion in the imposition of sanctions and
remedial matters pursuant to Psychologists' Licensing Act,
Subchapters
I and K
[
(c)-(h)
(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.
Filed with the Office of
the Secretary of State, on February 22, 2000.
TRD-200001337
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 305-7700
Chapter 571.
LICENSING
Subchapter A. EXAMINATIONS
22 TAC §571.18
The Texas Board of Veterinary Medical Examiners proposes
amendments to §571.18 concerning provisional Licensure. The amendments
require evidence of a passing score on the North American Veterinary Licensing
Examination (NAVLE) in order to receive a provisional license and require
that the applicant for a provisional license provide to the Board a report
from the NAVLE's official reporting service verifying that an applicant has
passed the examination.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Allen also has determined that for the first five-years the section
is in effect that the public benefit anticipated as a result of enforcing
the section will be an increased public awareness of the procedures necessary
to obtain a provisional license to practice veterinary medicine in Texas.
There will be no effect on small businesses. There will be no anticipated
economic cost to person required to comply with the section as proposed.
Comments on the proposal may be submitted in writing to Judy Huppert, Texas
Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 2-330, Austin,
Texas 78701-3998, phone: (512) 305-7555, and must be received by May 1, 2000.
The amendment is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151(a) which states: "The
board may adopt rules as necessary to administer this chapter. "
The amendment affects the Veterinary Licensing Act, Texas Occupations Code, §801.257
which relates to provisional licenses.
§571.18. Provisional Licensure.
(a)
(No change.)
(b)
The Board many grant a provisional license containing
specific practice restrictions to a person who meets the following criteria:
(1)
proof of a current license in good standing in another
state, or jurisdiction of the United States that has licensing requirements
that are substantially equivalent to the requirements of the Veterinary Licensing
Act[
(2)
proof of receipt of a [
(3)
(No change.)
(4)
passing score on the
state board
[
(5)-(7)
(No change.)
(c)
(No change.)
(d)
An applicant for provisional license must submit an application
form designated by the Board, together with all required supporting documentation
including but not limited to:
(1)-(3)
(No change.)
(4)
a certified report from the
official reporting
service
[
(5)
(No change.)
(6)
an application fee in an amount set by the Board
and contained in §577.15 of
these rules
[
(e)
The
state board
jurisprudence examination
will be conducted on request at the earliest time practical for the Board.
(f)-(g)
(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.
Filed with the Office of
the Secretary of State, on February 24, 2000.
TRD-200001399
Judy C. Smith
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 8, 2000
For further information, please call: (512) 305-7555
22 TAC §571.54
The Texas Board of Veterinary Medical Examiners proposes
amendments to §571.54, concerning Retired License Status. The amendment
changes the conditions for reinstating a retired license by requiring, at
the discretion of the Board, the petitioner to take and pass the North American
Veterinary Licensing examination (NAVLE) prior to applying for and passing
the Texas State Board Licensing Examination.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Allen also has determined that for the first five-years the section
is in effect the public benefit anticipated as a result of enforcing the section
will be to better inform retired licensees of the requirements for reinstating
their license. There will be no on small businesses. There will be no additional
anticipated economic cost to persons required to comply with the section as
proposed.
Comments on the proposal may be submitted in writing to Judy Huppert, Texas
Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 2-330, Austin,
Texas 78701-3998, phone: (512) 305-7555, and must be received by May 1, 2000.
The amendment is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 which states that the
Board may adopt rules as necessary to administer this Chapter.
The amendment affects the Veterinary Licensing Act, Texas Occupations Code, §801.251
which requires a person who practices veterinary medicine to possess a license
to do so.
§571.54. Retired Licensee Status.
The Board views retirement as the conclusion of a career in veterinary
medicine. Therefore, if a person's license has been permanently and totally
retired for longer than one year, the license may be reinstated by:
(1)
petitioning the board in writing for reinstatement, and
completing an Examination for Reinstatement application with supporting documentation
and fee(s);
(2)
submitting to reexamination and complying with the
requirements and procedures for obtaining an original license. At the discretion
of the board, the petitioner may be required by take and pass the
NAVLE
[
Filed with the
Office of the Secretary of State, on February 24, 2000.
TRD-200001400
Judy C. Smith
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 8, 2000
For further information, please call: (512) 305-7555
Subchapter G. OTHERS PROVISIONS
22 TAC §573.73
The Texas Board of Veterinary Medical Examiners proposes
a new §573.73, concerning Management Services Organizations. This new
section addresses these organizations' involvement in veterinary clinics and
establishes permitted and prohibited practices.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Allen also has determined that for the first five-years the section
is in effect that the public benefit anticipated as a result of enforcing
the section will be to ensure that there is no intervention in the practice
of veterinary medicine by non-licensed personnel. There will be no effect
on small businesses. There will be no anticipated economic cost to person
required to comply with the section as proposed.
Comments on the proposal may be submitted in writing to Judy Huppert, Texas
Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 2-330, Austin,
Texas 78701-3998, phone: (512) 305-7555, and must be received by May 1, 2000.
The new rule is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 which states that the
Board may adopt rules as necessary to administer this Chapter.
The new rule affects the Veterinary Licensing Act, Texas Occupations Code,
Chapter 801, §801.352.
§573.73. Management Services Organizations In Veterinary Practice.
(a)
Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context clearly
indicates otherwise:
(1)
Control-the ability to order or dictate the delivery or
the manner of delivery of any services or tasks. Consulting with another person
regarding a service or task, or assisting in the performance of a service
or task, does not constitute control.
(2)
Intervene-directly altering the practice of veterinary
medicine. Recommending or providing a service or supply or performing management
services under this section does not constitute intervention.
(3)
Management services-those services relating to the
operation of a veterinary practice exclusive of the practice of veterinary
medicine.
(4)
Management services organization-a person or entity
that provides management services.
(5)
Veterinary medical personnel-persons under the direct
or general supervision, as defined by the Veterinary Licensing Act, Texas
Occupations Code, §801.002, of a veterinarian who perform duties directly
related to the practice of veterinary medicine,
(b)
Management Services Contracts. A veterinarian or group
of veterinarians, whether or not incorporated, may contract with a management
services organization to provide management services.
(c)
Prohibited Practices. A management services organization
shall not control or intervene in a veterinarian's practice of veterinary
medicine. Prohibited activities by a management services organization, whether
or not authorized by contract, include but are not limited to:
(1)
employing a veterinarian to practice veterinary medicine;
(2)
determining the compensation of a veterinarian for
the practice of veterinary medicine;
(3)
controlling or intervening in a veterinarian's diagnosis,
treatment, correction, change, manipulation, relief, or prevention of animal
disease, deformity, defect, injury or other physical condition, including
the prescription or administration of a drug, biologic, anesthetic, apparatus,
or other therapeutic or diagnostic substance or technique;
(4)
controlling or intervening in a veterinarian's selection
or use of type or quality of medical supplies and pharmaceuticals to be used
in the practice of veterinary medicine;
(5)
determining the amount of time a veterinarian may
spend with a patient;
(6)
owning drugs, unless the drugs are owned in compliance
with applicable Texas or federal law;
(7)
owning and controlling the records of patients of
the veterinarian; or
(8)
determining the fees to be charged by the veterinarian
for the veterinarian's practice of veterinary medicine.
(d)
Veterinarians, and entities in which veterinarians are
the sole owner, shareholders or partners, are not prohibited from performing
the activities set out in subsection (c) of this section.
(e)
Permitted Management Services. Permitted activities by
a management services organization include but are not limited to:
(1)
providing by lease, ownership or other arrangement:
(A)
the facility used by the veterinarian in the practice
of veterinary medicine;
(B)
the medical equipment, instruments and supplies used by
the veterinarian in the practice of veterinary medicine; and
(C)
the business, office and similar non-medical equipment
used by the veterinarian.
(2)
providing for the repair, maintenance, renovation,
replacement or otherwise of any facility or equipment used by the veterinarian
in the practice of veterinary medicine;
(3)
providing accounting, financial, payroll, bookkeeping,
budget, investment, tax compliance and similar financial services to the veterinarian;
(4)
providing information and information systems and
services for the veterinarian so long as any patient records in these systems
are clearly owned and freely accessed by the veterinarian;
(5)
providing the services of billing and collection
of the veterinarian's fees and charges;
(6)
arranging for the collection or sale of the veterinarian's
accounts receivable;
(7)
providing advertising, marketing and public relations
services in compliance with §§573.30 - 573.37 of these rules pertaining
to the practice of veterinary medicine;
(8)
providing contract negotiation, drafting and similar
services for the veterinarian;
(9)
providing receptionist, scheduling, messaging and
similar coordination services for the veterinarian;
(10)
obtaining all licenses and permits necessary to
operate a practice of veterinary medicine that may be obtained by a non-veterinarian,
and assisting veterinarians in obtaining licenses and permits necessary to
operate a practice of veterinary medicine that may be obtained only by a veterinarian,
provided that the Executive Director of the Board approves the method of payment
for veterinary license renewals paid by the management services organization;
(11)
assisting in the recruiting, continuing education,
training and legal and logistical peer review services for the veterinarian;
(12)
providing insurance, purchasing and claims services
for the veterinarian, and including the veterinarian on the same insurance
policies and benefit plans as the management services organization;
(13)
providing consulting, business and financial planning
and business practice and other advice;
(14)
establishing the price to be charged to the veterinary
client for the goods and supplies provided or managed by the management services
organizations;
(15)
employing and controlling persons who:
(A)
perform management services; or
(B)
are veterinarians employed by a management services organization
to perform management services but not the practice of veterinary medicine;
or
(C)
perform management, administrative, clerical, receptionist,
secretarial, bookkeeping, accounting, payroll, billing, collection, boarding,
cleaning and other functions; or
(16)
employing veterinary medical personnel, if
a veterinarian who is in charge of veterinary medicine for the veterinary
clinic at which the veterinary medical personnel work:
(A)
has the right to control the procedures and duties of
the veterinary medical personnel;
(B)
has the right to evaluate the medically-related job performance
of the veterinary medical personnel; and
(C)
may request for good cause, as provided in the management
services contract, that the management services organization remove or replace
veterinary medical personnel assisting a veterinarian, unless the removal
is contrary to law, regulation, or legal requirement.
(f)
Transition Period. Veterinarians and management services
organizations shall have six (6) months from the date of final adoption of
this section to fully comply with its terms.
Filed with the Office
of the Secretary of State, on February 24, 2000.
TRD-200001403
Judy C. Smith
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 8, 2000
For further information, please call: (512) 305-7555
Subchapter B. STAFF AND MISCELLANEOUS
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
, including those in an exempt
setting,
] must comply with the Act, Rules, Board Directives and Board
Orders
and must cooperate with Board investigations
.
Chapter 463.
APPLICATIONS AND EXAMINATIONS
or experience
]. Applicants
must have completed a minimum of 1200 hours, of which 600 must be in a public
school.
For applicants whose internships begin on or after July 1, 2001,
a formal internship or other site-based training must be provided through
a formal course of supervised study from a regionally accredited institution
of higher education in which the applicant was enrolled or be obtained in
accordance with §463.11(c)(1) and (c)(2)(C) of this title (relating to
Licensed Psychologist). For applicants whose internships begin before this
date, either a formal internship or experience may be obtained to comply with
this internship rule.
The internship [
or experience
] in the
public school must be supervised by an individual qualified in accordance
with §465.38 of this title (relating to Psychological Services in the
Schools). Internship [
or experience
] which is not obtained in a
public school must be supervised by a licensed psychologist. No experience
with a supervisor who is related within the second degree of affinity or within
the second degree by consanguinity to the person, or is under Board disciplinary
order, may be considered for specialist in school psychology licensure. Internships
may not involve more than two sites (a school district is considered one site)
and may be obtained in not less than one or more than
two
[
three
] academic years. These individuals must be designated as interns.
Direct, systematic supervision must involve a minimum of one face- to-face
contact hour per week or two consecutive face-to-face contact hours once every
two weeks with the intern. The internship must include direct intern application
of assessment, intervention, behavior management, and consultation, for children
representing a range of ages, populations and needs.
§11(d)
] of the Psychologists'
Licensing Act.
Chapter 469.
COMPLAINTS AND ENFORCEMENT
Chapter 470.
ADMINISTRATIVE PROCEDURE
§25A
] of the Act.
§23
]. This rule shall be further construed
and applied so as to be consistent with the entire Psychologists' Licensing
Act and shall be limited to the extent as otherwise proscribed by state law
and Board rule.
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
.
]
, Texas Occupations Code, Chapter 801.
minimum
] passing
score [
of 75%
] on the
national examination or NAVLE.
[
National Board Examination (NBE) and the Clinical Competency Test (CCT)
]
Texas
] jurisprudence examination.
Interstate Reporting Service
] verifying that the
applicant passed the
national examination or the NAVLE
[
NBE and CCT
].
this title
] (relating to Fee Schedule).
Subchapter C. LICENSE RENEWALS
National Board Test and/or Clinical Competency Test either
]
prior to applying
for
and taking the
SBE.
[
State
Licensing Examination or in conjunction with the State exam
.]
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Chapter 577.
GENERAL ADMINISTRATIVE DUTIES