Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter G. RESOURCES
40 TAC §3.704
The Texas Department of Human Services (DHS) proposes an
amendment to §3.704, concerning types of resources, in its Texas Works
chapter.
The purpose of the amendment is to exempt money in the Texas Tomorrow Fund
as a resource for TANF and Medical Programs for Families and Children.
Eric M. Bost, commissioner, 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. Bost 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 that families who save for their childrens' college education
will not have to sacrifice those childrens' future access to post secondary
education in order to have access to health care or temporary cash assistance
during times of unemployment. There will be no effect on large, small, or
micro businesses. There is no anticipated economic cost to persons who are
required to comply with the proposed amendment.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Programs and Policy section. Written comments on
the proposal may be submitted to Supervisor, Rules and Editing Unit-210, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed under the Human Resources Code, Title
2, Chapter 31, which authorizes the department to administer financial assistance
programs, and under Texas Government Code §531.021, which provides the
Health and Human Services Commission with the authority to administer federal
medical assistance funds.
The amendment implements the Human Resources Code, §§31.001-
31.0325 and §§32.001-32.042.
§3.704.Types of Resources.
(a)
Temporary Assistance for Needy Families (TANF). The following
are countable resources in TANF:
(1)
Individual retirement accounts (IRAs).
The Texas Department
of Human Services (DHS)
[
(2)-(6)
(No change.)
(b)
Temporary Assistance for Needy Families (TANF). Exclusions
from resources in TANF are:
(1)-(16)
(No change.)
(17)
Texas Tomorrow Fund. DHS exempts
money in the Texas Tomorrow Fund.
(c)-(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.
Filed with the Office of
the Secretary of State, on May 4, 2000.
TRD-200003145
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 438-3108
Subchapter A. ELIGIBILITY REQUIREMENTS
40 TAC §4.1006
The Texas Department of Human Services (DHS) proposes an
amendment to §4.1006, concerning requirements for application, in its
Medicaid Programs-Children and Pregnant Women chapter.
The purpose of the amendment is to exempt money in the Texas Tomorrow Fund
as a resource for TANF and Medical Programs for Families and Children.
Eric M. Bost, commissioner, 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. Bost 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 that families who save for their childrens' college education
will not have to sacrifice those childrens' future access to post secondary
education in order to have access to health care or temporary cash assistance
during times of unemployment. There will be no effect on large, small, or
micro businesses. There is no anticipated economic cost to persons who are
required to comply with the proposed amendment.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Programs and Policy section. Written comments on
the proposal may be submitted to Supervisor, Rules and Editing Unit-210, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed under the Human Resources Code, Title
2, Chapters 22, and 32, which authorize the department to administer public,
and medical assistance programs, and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.001-
22.030, §§31.001-31.0325, and §§32.001-32.042.
§4.1006.Requirements for Application.
To be eligible for the Medicaid Programs for Children and Pregnant
Women (CPW) Program, clients must meet the following requirements.
(1)
Citizenship. Citizenship requirements for CPW applicants
are the same as requirements for Temporary Assistance for Needy Families
(TANF) applicants outlined in
the Texas Department of Human Services'
(DHS's)
[
(2)
Resources. Resource limits and types of countable
and exempt resources for CPW are the same as those outlined in DHS's TANF
rules, with the following exceptions:
(A)
(No change.)
(B)
The food stamp resource policy for households with no members
60 or over is applied when determining eligibility for children under six
and children six or older born on or after October 1, 1983. Exception: DHS
follows the TANF resource policy for loans
and Texas Tomorrow Funds
.
(C)-(F)
(No change.)
(3)-(9)
(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 May 4, 2000.
TRD-200003146
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 438-3108
Chapter 101.
GENERAL RULES
40 TAC §101.19
The Texas Rehabilitation Commission (TRC) proposes an amendment
to §101.19, concerning functions of the board. The section is being amended
to conform to amendments to enabling legislation for the Health and Human
Services Commission and the Texas Rehabilitation Commission.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, 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.
Mr. Harrison 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 conform to amendments to enabling legislation for the
Health and Human Services Commission and the Texas Rehabilitation Commission.
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 Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The amendment is proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§101.19.Functions of the Board.
[
(a)
The functions of the board
include:
(1)
providing concurrence with employment of the
TRC Commissioner by the Commissioner of Health and Human Services;
(2)
providing concurrence with discharge of
the TRC Commissioner by the Commissioner of Health and Human Services;
(3)
exercising the authority provided by law
to adopt policies and rules governing the delivery of services to persons
who are served by the Commission and the rights and duties of persons who
are served or regulated by the Commission;
(4)
delegating to the TRC Commissioner, or
to a person acting as Commissioner in the Commissioner's absence, any power
or duty imposed on the board or Commission by law except that the board may
not delegate the power to adopt rules ; the delegation of any power or duty
must be in writing, and must be adopted by the board in a public meeting;
(5)
developing and implementing policies that
clearly separate the policymaking responsibilities of the board and the management
responsibilities of the Commissioner and staff of the Commission;
(6)
entering into a memorandum of understanding
with the Commissioner of Health and Human Services that clearly defines the
policymaking authority of the board and the operational authority of the Commissioner
of Health and Human Services;
(7)
defining jointly with the Commissioner
of Health and Human Services, specific performance objectives to be fulfilled
by the TRC Commissioner in accordance with §531.055, Government Code;
(8)
considering the evaluation of the TRC Commissioner
in a meeting of the board and taking necessary action, if any, not later than
90 days after the date of receipt of the evaluation.
(b)
The board operates as a Committee
of the Whole, except for the three member Audit Committee.
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 May 8, 2000.
TRD-200003201
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 424-4050
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §362.1, concerning Definitions. The amendment will add
definitions for terms which are used in the rules, but which are not defined.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, 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.
Mr. Maline 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 clarification of terms used in the OT rules. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rule as proposed.
Comments on the proposed rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§362.1.Definitions.
The following words and terms, when used in this part, shall have the
following meanings, unless the context clearly indicates otherwise.
(1)-(9)
(No change.)
(10)
Complete Renewal--Contains renewal fee, [
(11)-(22)
(No change.)
(23)
Health Care Condition-See
Medical Condition.
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(A)
The evaluation/assessment, treatment and education of or
consultation with the individual, family or other persons;
(B)
interventions directed toward developing, improving or
restoring daily living skills, work readiness or work performance, play skills
or leisure capacities;
(C)
intervention methodologies to develop restore or maintain
sensorimotor, oral-motor, perceptual or neuromuscular functioning; joint range
of motion; emotional, motivational, cognitive or psychosocial components of
performance.
(37)
[
(38)
[
(39)
[
[(39)
Physician--An individual licensed
by the Texas State Board of Medical Examiners, e.g., Medical Doctors (M.D.)
and Doctors of Osteopathy (D.O.).]
(40)-(47)
(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 May 5, 2000.
TRD-200003157
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 305-6900
40 TAC §367.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §367.1, Continuing Education. The amendment will set
a time frame for retention of proof of continuing education documentation
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, 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.
Mr. Maline 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 added assurance that as a result of enforcing the rule there
will be greater administrative efficiency and a reduction in confusion in
reference to the random audit process. There will be no effect on small businesses.
There are no anticipated economic costs to persons who are required to comply
with the rule as proposed.
Comments on the proposed rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§367.1.Continuing Education
(a)
The Act, §5(A), mandates licensee participation in
a continuing education program for license renewal. All continuing education
must be directly relevant to the profession of occupational therapy. The licensee
is solely responsible for keeping accurate documentation of all continuing
education requirements. The Executive Council staff will conduct, at least
yearly, an audit of a randomly drawn sample of licensees to determine compliance
with continuing education rules. Failure to maintain accurate documentation,
or failure to respond to a request to submit documentation for an audit, may
result in disciplinary action by the board. The audit results will be reported
to the board.
(1)
Licensees randomly selected for the audit
must provide to TBOTE appropriate documentation within 30 days of notification.
(2)
Continuing Education Documentation
must be maintained for two years from the date of the last renewal for auditing
purposes.
(b)-(c)
(No change.)
(d)
Continuing education credit may be earned in the following
manner:
(1)-(4)
(No change.)
(5)
Development of publications, media materials or research/grant
activities. A request to receive credit for this category must be submitted
in writing to the Coordinator of Occupational Therapy no later than 60 days
before the current license expiration date.
The request must include
a description of the activity/course, the sponsoring group, its direct relevance
to the occupational therapy profession, and the number of hours to complete
it.
(Any publication, media materials, or research or grant activities
can be counted only once per licensee). 10 hours;
(6)-(7)
(No change.)
(e)
(No change.)
(f)
[
(1)
The continuing education record card (blue
card) will no longer be accepted as proof of continuing education activities
effective December 1, 2001.
(2)
Documentation must identify the licensee
by name and license number, and must include the date and title of the course,
the signature of the authorized signer, and the number of CEUs or contact
hours awarded for the course.
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 May 5, 2000.
TRD-200003158
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 305-6900
DHS
] counts IRAs as resources, even
if there is a penalty for early withdrawal. DHS deducts the early withdrawal
penalty and counts the remainder as a resource;
Chapter 4.
MEDICAID PROGRAMS--CHILDREN AND PREGNANT WOMEN
DHS's
] TANF rules in Chapter 3 of this title (relating
to Income Assistance Services).
Part 2.
TEXAS REHABILITATION COMMISSION
The function of the board is to decide policy for the commission.
The board does not engage in the daily operations of the commission. The commissioner
administers the daily operations of the commission.
]
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
continuing
education record card (if applicable),
] home/work address(es) and phone
number(s), jurisprudence examination with at least 70% of questions answered
correctly and supervision log (if applicable).
(23)
] Investigation Committee--Reviews
and makes recommendations to the board concerning complaints and disciplinary
actions regarding licensees and facilities.
(24)
] Investigator--The employee
of the Executive Council who conducts all phases of an investigation into
a complaint filed against a licensee, an applicant, or an entity regulated
by the board.
(25)
] Jurisprudence Examination--An
examination covering information contained in the Texas Occupational Therapy
Practice Act and Texas Board of Occupational Therapy Examiners rules. This
test is an open book examination [
with multiple choice or true-false
questions
]
made up of multiple choice and/or true-false questions
. The passing score is 70%.
(26)
] License--Document issued
by the Texas Board of Occupational Therapy Examiners which authorizes the
practice of occupational therapy in Texas.
(27)
] Licensed Occupational
Therapist (LOT)--A person who holds a valid regular or provisional license
to practice or represent self as an occupational therapist in Texas.
(28)
] Licensed Occupational
Therapy Assistant (LOTA)--A person who holds a valid regular or provisional
license to practice or represent self as an occupational therapy assistant
in Texas and who is required to practice under the general supervision of
an OTR or LOT.
(29)
] Medical Condition--A
condition of acute trauma, infection, disease process, psychiatric disorders,
addictive disorders, or post surgical status
Synonymous with the term
health care condition
[
where prudence and custom require the services
of a physician
].
(30)
] Monitored Services--The
checking on the status/condition of students, patients, clients, equipment,
programs, services, and staff in order to make appropriate adjustments and
recommendations. Minimum contact for the purpose of monitoring will be one
time a month.
(31)
] NBCOT (formerly AOTCB)--National
Board for Certification in Occupational Therapy (formerly American Occupational
Therapy Certification Board).
(32)
] Non-Medical Condition--A
condition where the ability to perform occupational roles is impaired by developmental
disabilities, learning disabilities, the aging process, sensory impairment,
psychosocial dysfunction, or other such conditions which does not require
the routine intervention of a physician.
(33)
] Occupational Therapist
(OT)--A person who holds a Temporary License to practice as an occupational
therapist in the state of Texas, who is waiting to receive results of taking
the first available Examination, and who is required to be under continuing
supervision of an OTR or LOT.
(34)
] Occupational Therapist,
Registered (OTR)--An alternate term for a Licensed Occupational Therapist.
An individual who uses this term must hold a regular or provisional license
to practice or represent self as an occupational therapist in Texas. An individual
who uses this term is responsible for ensuring that he or she is otherwise
qualified to use it.
(35)
] Occupational Therapy--The
use of purposeful activity or intervention to achieve functional outcomes.
Achieving functional outcomes means to develop or facilitate restoration of
the highest possible level of independence in interaction with the environment.
Occupational Therapy provides services to individuals limited by physical
injury or illness, a dysfunctional condition, cognitive impairment, psychosocial
dysfunction, mental illness, a developmental or learning disability or an
adverse environmental condition, whether due to trauma, illness or condition
present at birth. Occupational therapy services include but are not limited
to:
(36)
] Occupational Therapy
Assistant (OTA)--A person who holds a Temporary License to practice as an
occupational therapy assistant in the state of Texas, who is waiting to receive
results of taking the first available Examination, and who is required to
be under continuing supervision of an OTR or LOT.
(37)
] Occupational Therapy
Plan of Care--A written statement of the planned course of Occupational Therapy
intervention for a patient/client. It must include goals, objectives and/or
strategies, recommended frequency and duration, and may also include methodologies
and/or recommended activities.
(38)
] OT Aide or OT Orderly--A
person who aids in the practice of occupational therapy and whose activities
require on-the-job training and close personal supervision by an OTR, LOT,
COTA or LOTA.
Chapter 367.
CONTINUING EDUCATION
Definitions for continuing education rules.
]
Continuing education documentation includes, but is not limited to, final
official transcripts, AOTA self-study completion certificates, copies of official
sign-in or attendance sheets, and official correspondence from the Executive
Council or board approving requested credits.
Chapter 372.
PROVISIONS OF SERVICES