TITLE 25.HEALTH SERVICES

Part 1. TEXAS DEPARTMENT OF HEALTH

Chapter 29. PURCHASED HEALTH SERVICES

Subchapter E. MEDICAID CHIROPRACTIC SERVICES

25 TAC §29.401, §29.403

On behalf of the State Medicaid Director, the Texas Department of Health (department) adopts amendments to §§29.401 and 29.403, concerning Medicaid Chiropractic Services in the Texas Medical Assistance Program without changes to the proposed text as published in the August 25, 2000 issue of the Texas Register (25 TexReg 8132).

Adoption of these amendments will allow chiropractors participating in the Texas Medical Assistance Program to provide manual manipulations of the spine to correct a subluxation without an x-ray demonstrating the existence of subluxation. The department has determined the need to amend its rules in accordance with §4513(a) of the Balanced Budget Act of 1997, which eliminates the statutory provision that a spinal subluxation be demonstrated by an x-ray.

No comments were received concerning the proposal during the comment period.

The amendments are adopted under the Human Resources Code, §32.021 and the Texas Government Code, §531.021, which provide the Health and Human Services Commission with the authority to adopt rules to administer the state's medical assistance program. Rules are submitted by the Texas Department of Health under its agreement with the Health and Human Services Commission to operate the purchased health services program as authorized by Acts of the 72nd Legislature, First Called Session, Chapter 15, §1.07, (1991).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 21, 2000.

TRD-200008891

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: January 10, 2001

Proposal publication date: August 25, 2000

For further information, please call: (512) 458-7236


Part 4. ANATOMICAL BOARD OF THE STATE OF TEXAS

Chapter 471. OFFICERS

25 TAC §§471.1, 471.3, 471.4

The Anatomical Board of the State of Texas (board) adopts amendments to §§471.1, 471.3, 471.4, concerning officers, without changes to the proposed text as published in the July 14, 2000, issue of the Texas Register (25 TexReg 6642) and will not be republished.

The proposed amendments refer to the officers using gender neutral titles, clarify that the secretary-treasurer is responsible for calling and scheduling annual meetings, combine the secretary-treasurer's duties, and clarify that officers are eligible for re-election without restrictions. These amendments are adopted as an integral part of the board's review of its rules required by Texas Government Code, § 2001.039 which requires agencies to review their rules every four years.

The board received no comments on the proposed amended sections.

The amended sections are adopted under Health and Safety Code, §691.007. The board interprets §691.007 as authorizing it to adopt rules for its administration.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 18, 2000.

TRD-200008804

Dr. Andrew F. Payer, Ph. D.

Board's Secretary-Treasurer

Anatomical Board of the State of Texas

Effective date: January 7, 2001

Proposal publication date: July 14, 2000

For further information, please call: (409) 772-1166


Chapter 473. EXECUTIVE COMMITTEE

25 TAC §473.1

The Anatomical Board of the State of Texas (board) adopts an amendment to § 473.1, concerning the executive committee, without changes to the proposed text as published in the July 14, 2000, issue of the Texas Register (25 TexReg 6643) and will not be republished.

The amended section refers to the officers using gender neutral titles. The amendments are adopted as an integral part of the board's review of its rules required by Texas Government Code, § 2001.039 which requires agencies to review their rules every four years.

The board received no comments on the proposed amended section.

The amended section is adopted under Health and Safety Code, § 691.007. The board interprets § 691.007 as authorizing it to adopt rules for its administration.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 18, 2000.

TRD-200008805

Dr. Andrew F. Payer, Ph. D.

Board's Secretary-Treasurer

Anatomical Board of the State of Texas

Effective date: January 7, 2001

Proposal publication date: July 14, 2000

For further information, please call: (409) 772-1166


Chapter 475. MEETINGS

25 TAC §§475.1 - 475.3, 475.5

The Anatomical Board of the State of Texas (board) adopts amendments to §§475.1-475.3 and 475.5, concerning meetings, without changes to the proposed text as published in the July 14, 2000, issue of the Texas Register (25 TexReg 6644) and will not be republished.

The amended sections clarify that the secretary-treasurer is responsible for calling the annual meetings, delete references to "executive secretary" and substitute the term "secretary-treasurer," and require all special meetings of the board or executive committee to be held in accordance with the Open Meetings Act. The amendments are adopted as an integral part of the board's review of its rules required by Texas Government Code, § 2001.039.

The board received no comments.

The amended sections are adopted under Health and Safety Code, § 691.007. The board interprets § 691.007 as authorizing it to adopt rules for its administration.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 18, 2000.

TRD-200008806

Dr. Andrew F. Payer, Ph. D.

Board's Secretary-Treasurer

Anatomical Board of the State of Texas

Effective date: January 7, 2001

Proposal publication date: July 14, 2000

For further information, please call: (409) 772-1166


Chapter 477. DISTRIBUTION OF BODIES

25 TAC §§477.1, 477.4 - 477.8

The Anatomical Board of the State of Texas (board) adopts amendments to §§477.1 and 477.4-477.8, concerning distribution of bodies, without changes to the proposed text as published in the July 14, 2000, issue of the Texas Register (25 TexReg 6644) and will not be republished.

The amended sections recognize the codification of the board's enabling legislation in the Health and Safety Code, clarify who is authorized to transport cadavers, correct a typographical error and use the correct title in references to the secretary-treasurer. The amendments are adopted as an integral part of the board's review of its rules required by Texas Government Code, § 2001.039.

The board received no comments.

The amended sections are adopted under Health and Safety Code, §691.007 and §691.031. The board interprets § 691.007 as authorizing it to adopt rules for its administration. The board interprets § 691.031 as requiring it to adopt rules to ensure that all bodies subject to the board's jurisdiction are properly transported.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 18, 2000.

TRD-200008807

Dr. Andrew F. Payer, Ph. D.

Board's Secretary Treasurer

Anatomical Board of the State of Texas

Effective date: January 7, 2001

Proposal publication date: July 14, 2000

For further information, please call: (409) 772-1166


Chapter 479. FACILITIES: STANDARDS AND INSPECTIONS

25 TAC §479.2, §479.5

The Anatomical Board of the State of Texas (board) adopts amendments to §479.2 and §479.5, concerning standards for and inspections of facilities, without changes to the proposed text as published in the July 14, 2000, issue of the Texas Register (25 TexReg 6646) and will not be republished.

The amended sections substitute the term "secretary-treasurer" for "secretary," the term "chair" for "chairman" and provide that investigative findings will be held in confidence to the extent allowed by law. The amendments are adopted as an integral part of the board's review of its rules required by Texas Government Code, § 2001.039.

The board received no comments.

The amended sections are adopted under Health and Safety Code, §691.007 and §691.022. The board interprets § 691.007 as authorizing it to adopt rules for its administration. The board interprets § 691.022 as requiring it to adopt rules to ensure that bodies in the custody of the board or one of its member institutions are treated with respect.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 18, 2000.

TRD-200008808

Dr. Andrew F. Payer, Ph. D.

Board's Secretary-Treasurer

Anatomical Board of the State of Texas

Effective date: January 7, 2001

Proposal publication date: July 14, 2000

For further information, please call: (409) 772-1166


Chapter 481. WILLED BODY PROGRAM

25 TAC §481.1

The Anatomical Board of the State of Texas (board) adopts an amendment to § 481.1, concerning the willed body program, without changes to the proposed text as published in the July 14, 2000, issue of the Texas Register (25 TexReg 6648) and will not be republished.

The amended section substitutes the term "secretary-treasurer" for "secretary" and corrects a typographical error by changing the word "will" to "willed". The amendments are adopted as an integral part of the board's review of its rules required by Texas Government Code, § 2001.039.

The board received no comments.

The amended section is adopted under Health and Safety Code, §691.007 and §691.022. The board interprets § 691.007 as authorizing it to adopt rules for its administration. The board interprets § 691.022 as requiring it to adopt rules to ensure that bodies in the custody of the board or one of its member institutions are treated with respect.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 18, 2000.

TRD-200008809

Dr. Andrew F. Payer, Ph. D.

Board's Secretary-Treasurer

Anatomical Board of the State of Texas

Effective date: January 7, 2001

Proposal publication date: July 14, 2000

For further information, please call: (409) 772-1166


Chapter 483. HEARING PROCEDURES

25 TAC §483.1

The Anatomical Board of the State of Texas (board) adopts an amendment to § 483.1, concerning hearing procedures, without changes to the proposed text as published in the July 14, 2000, issue of the Texas Register (25 TexReg 6649) and will not be republished.

The amended section substitutes the term "secretary-treasurer" for "board" and provides that a hearing to suspend or revoke an institution's or individual's authority to receive and hold bodies and to dissect bodies will be conducted by the State Office of Administrative Hearings (SOAH) and that the provisions of the Administrative Procedure Act and SOAH's procedural rules apply. The amendments are adopted as an integral part of the board's review of its rules required by Texas Government Code, § 2001.039.

The board received no comments.

The amended section is adopted under Health and Safety Code, §691.034. The board interprets § 691.034 as providing that institutions or individuals are entitled to a hearing before the board may revoke their authorization to receive and hold cadavers and to dissect them.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 18, 2000.

TRD-200008810

Dr. Andrew F. Payer, Ph. D.

Board's Secretary-Treasurer

Anatomical Board of the State of Texas

Effective date: January 7, 2001

Proposal publication date: July 14, 2000

For further information, please call: (409) 772-1166