Part 2.
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 amendments
to §51.3, concerning Administrative Fines. The proposed amendments occur
in§51.3 Administrative Fines, (b) Fine Schedule under Penalties for Practice
and Procedures Violations, Category VA Expired License changes the reference
from TEX. OCC CODE ANN.§1601.402 to TEX. OCC CODE ANN. §1601.251
the change will reference to the correct statute; Practice and Procedures
Category II will be adding a new rule violation Right of Access reference
51.6; under Practice and Procedures Category VC will be adding a new rule
violation Current Address reference 51.4.
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 rule is in effect public benefit anticipated as a result of enforcing
the rule will be to ensure that school, licensees, and permit holders comply
with the requirements of the rules of the board. There are anticipated economic
cost to persons who are required to comply with the rules as adopted.
Comments on the proposed amendment 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 of the proposed action is
published in the Texas Register.
The amendment is proposed under former Texas Barber Law, Texas
Civil Statutes, Article 8407a, Section 24A-M, (repealed) now recodified Texas
Occupations Code Chapter 1601.155 (1999), which provides the board with the
authority to impose administrative penalties to protect the public's health
and safety.
No other Article or Statute is effected by this amendment.
§51.3.Administrative Fines.
(a)
Civil penalties will be assessed according to 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 15, 2001.
TRD-200100963
Will K. Brown
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 305-8475
22 TAC §§51.4-51.6
The Texas State Board of Barber Examiners proposes new §51.4,
concerning Current Mailing Address and Change of Mailing Address; §51.5,
concerning Good Standing Required for License Renewal; §51.6 concerning
Right of Access. 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 rules are in effect: (1) there are no foreseeable implications
relating to cost or revenues of the state or local governments as a result
of enforcing for administering the rules; (2) the public benefit of the proposed
rules will be clarification of the board's requirements of examinees and licensees
and the provision of a secure method of handling funds submitted by examinees
and licensees; and (3) there is no foreseeable economic cost to persons required
to comply with the proposed rules. Mr. Brown has also determined that there
will be no effect on small businesses as a result of the proposed new rules.
Comments on the proposed new rules 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 rules are proposed under former Texas Barber Law, Texas
Civil Statutes, Article 8401-8407a, Section §28 (a), (repealed) now recodified
by House Bill 3155 as Chapter 1601.155 OCCUPATIONS CODE (1999), which vest
the board with the authority to make and enforce all rules and regulations
necessary for the performance of its duties, to establish standards of conduct
and ethics for all persons licensed or practicing under the provision of the
Texas Barber Law, and to regulate the practice and teaching of barbering in
keeping with the intent of the Texas Barber Law and to ensure strict compliance
with the Texas Barber Law.
The following sections of the Texas Barber Law, Texas Civil Statutes, Article
8401-8407a, (repealed) now recodified by House Bill 3155 as Chapter 1601 of
the TEXAS OCCUPATIONS CODE (1999) is effected by the proposed new rules 51.4
Current Mailing Address and Change of Mailing Address; 51.5 Good Standing
Required for License Renewal; 51.6 Right of Access and are as follows: TEX.
OCC. CODE 1601.001 and 1601.155.
§51.4.Current Mailing Address and Change of Mailing Address.
It is the responsibility of the licensees to maintain a current mailing
address on file with the Board. All Licensees must notify the Board not later
than 10 days following any change of mailing address. The Board may send to
a licensee's last known mailing address on file with the board all notices
or other information required by the Texas Barber Law, former Texas Civil
Statute Article 8401-8407a (repealed) now codified as Texas Occupations Code
Chapter 1601: Board Rules, 22 TAC Chapter 51, and the Administrative Procedure
Act, Texas Government Code, Chapter 2001. Service of notice of a hearing or
investigation on the licensee shall be complete and effective if the document
to be served is sent by certified or regular mail to the licensee at his or
her most recent address as shown by the records of the Board. Service by mail
is complete upon deposit of the document enclosed in a post paid, properly
addressed envelope in a U.S. Post Office or official depository under the
care and custody of the U.S. Postal Service.
§51.5.Good Standing Required for License Renewal.
No license shall be renewed unless the licensee is in good standing
with the Board. Good standing includes, but is not limited to, compliance
with Barber Law and Board Rules, no default on a student loan with the Texas
Guaranteed Student Loan Corporation, no default on court ordered child support
payments, and payment in full of all administrative penalties assessed against
the licensee. The Executive Director has the discretion to waive the payment
in full of all administrative penalties requirement for license renewal.
§51.6.Right of Access.
(a)
Any authorized representative of the board may enter the
premises of any licensee at any time, during any business hours or when services
are being rendered to the public.
(b)
Licensee shall not interfere or impede with the process
of an inspection.
(c)
Barber schools and colleges must maintain and provide immediate
access to any and all records that relates to Texas Barber Law, former Texas
Civil Statute Article 8407a Section 9 and Section 9A now codified as Texas
Occupations Code Chapter 1601, including but not limited to electronic data
for inspection by the board.
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 15, 2001.
TRD-200100964
Will K. Brown
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 305-8475
22 TAC §51.141
The Texas State Board of Barber Examiners proposes new §51.141
concerning Definitions. 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: (1) there are no foreseeable implications relating
to cost or revenues of the state or local governments as a result of enforcing
for administering the rules; (2) the public benefit of the proposed rule will
be clarification of the board's requirements of examinees and licensees and
the provision of a secure method of handling funds submitted by examinees
and licensees; and (3) there is no foreseeable economic cost to persons required
to comply with the proposed rule. Mr. Brown has also determined that there
will be no effect on small businesses as a result of the proposed new rule.
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 28 (a), (repealed) now recodified by
House Bill 3155 as Chapter 1601.155 OCCUPATIONS CODE (1999), which vest the
board with the authority to make and enforce all rules and regulations necessary
for the performance of its duties, to establish standards of conduct and ethics
for all persons licensed or practicing under the provision of the Texas Barber
Law, and to regulate the practice and teaching of barbering in keeping with
the intent of the Texas Barber Law and to ensure strict compliance with the
Texas Barber Law.
The following sections of the Texas Barber Law, Texas Civil Statutes, Article
8401-8407a, (repealed) now recodified by House Bill 3155 as Chapter 1601 TEXAS
OCCUPATIONS CODE (1999) is effected by the proposed new rule 51.141 Definitions
are as follows: TEX. OCC CODE 1601.001 AND 1601.155.
§51.141.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates other wise.
(1)
Line of Demarcation between "the hair" and "the beard"--
The demarcation boundary between scalp hair ("the hair") and facial hair ("the
beard") is a line drawn from the bottom of the ear.
(2)
The hair Relating to Haircutting -- The hair extending
from the scalp of the head is recognized as the hair trimmed, shaped or cut
in the process of hair cutting.
(3)
The Sideburn -- A sideburn may be part of a hair cut or
style that is a continuation of the natural scalp hair growth, and must not
extend below the bottom of the ear lobe, and must not be connected to any
other bearded area on the face. Only a licensed barber shall trim, shape or
cut the sideburns with any type of razor.
(4)
The Beard -- The beard extends from below the line of demarcation
and includes all facial hair regardless of texture and shall only be trimmed,
shaped or cut by a licensed barber.
(5)
Out of Scope --
(A)
The use of any blade, drill or cutting tool (power or manual)
designed for the purpose of removing corns and calluses or violating the nail
bed in any manner is prohibited.
(B)
Any chemical currently not approved for a particular use
by the EPA, FDA, or any other governmental agency is prohibited.
(C)
Or any other practice prohibited by Barber Law or Board
Rules.
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 15, 2001.
TRD-200100965
Will K Brown
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 305-8475
Chapter 183.
ACUPUNCTURE
22 TAC §183.2, §183.4
The Texas State Board of Medical Examiners proposes an amendment
to §183.2, concerning Definitions and §183.4, concerning Licensure.
The amendments will clarify the number of times a licensure applicant is allowed
to interview with the board, committee of the board, or the executive director
to demonstrate the ability to communicate in the English language.
Michele Shackelford, Assistant General Counsel, Texas State Board of Medical
Examiners, 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 the amendments as proposed.
Ms. Shackelford 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 clarification regarding the
number of times a licensure applicant is allowed to interview with the board,
committee of the board, or the executive director to demonstrate the ability
to communicate in the English language. There will be no effect on small businesses.
There will be no effect to individuals 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 authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The Occupations Code Annotated, §§205.201-205.208 are affected
by the amendments.
§183.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the content clearly indicates otherwise.
(1)
Ability to communicate in the English language--An applicant
who has
met the requirements set out in §183.4(a)(7) of this title
(relating to Licensure)
[
(2)-(35)
(No change.)
§183.4.Licensure.
(a)
Qualifications. An applicant must present satisfactory
proof to the acupuncture board that the applicant:
(1)-(6)
(No change.)
(7)
is able to communicate in English as demonstrated by one
of the following:
(A)-(E)
(No change.)
(F)
an interview conducted in English with the acupuncture
board, a committee of the acupuncture board, or the executive director of
the acupuncture board.
Only one interview shall be granted to each requesting
applicant unless that applicant can satisfactorily demonstrate that a second
personal interview is the only remaining opportunity for the applicant to
meet the required ability to communicate in the English language. Should the
applicant fail to adequately demonstrate the ability to communicate in the
English language at the second interview, the applicant is ineligible for
future interviews to determine English proficiency.
(b)-(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 16, 2001.
TRD-200100981
F.M. Langley, DVM, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 305-7016
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 make the
rules agree with the Act and a recent attorney general opinion JC-321 regarding
exempt facilities.
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 Brian Creath, 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.
Licensees[
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 15, 2001.
TRD-200100967
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 305-7700
22 TAC §463.30
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Examiners of Psychologists or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Examiners of Psychologists
proposes the repeal of §463.30, concerning Time Period for Appealing
a Decision. The repeal is being proposed in order to agree with the proposed
revisions to §470.8, concerning Informal Disposition of Complaints and
Applications Disputes.
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.
Comments on the proposed repeal may be submitted to Brian Creath, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
This repeal 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 repeal does not affect other statutes, articles or codes.
§463.30.Time Period for Appealing a Decision.
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 15, 2001.
TRD-200100966
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 305-7700
Chapter 741.
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
The State Board of Examiners for Speech-Language Pathology and Audiology
(board) proposes amendments to §741.1 and §741.41, concerning speech-language
pathology and audiology. Specifically, the sections cover definitions and
the Code of Ethics.
The proposed amendment to §741.1 defines the term "dispense", and
renumbers the remaining paragraphs in this section. The proposed amendment
to §741.41 clarifies advertising of services with respect to the fitting
and dispensing of hearing aids to residents within the State of Texas by facsimile
broadcast and Internet providers. The amendments are a result of the Audiology
Practices, Inc., Petition for Adoption of a Rule, which was submitted in response
to the phenomenal growth in the mail order business through the advent of
the Internet and E-commerce.
Dorothy Cawthon, Executive Secretary, has determined that for the first
five-year period the sections are in effect the only fiscal implications as
a result of enforcing or administering the sections would be for complaint
investigations. It cannot be determined what the cost would be to the state
since the board cannot determine the number of complaints, if any, that would
be investigated. There are no anticipated fiscal implications to local government
as a result of enforcing or administering the sections as proposed.
Ms. Cawthon has also determined that for each year of the first five years
that the sections are in effect the public benefit anticipated as a result
of enforcing the sections will be to insure that clients seeking treatment
of hearing loss through the use of amplification devices receive a comprehensive
audiological evaluation to determine the appropriate device needed.
There may be economic costs anticipated to micro-businesses, small businesses,
and individuals registered to fit and dispense hearing instruments as a result
of the proposed amendments if a violation is committed and an enforcement
action is pursued. The amendments are a safeguard to provide the board's complaints
committee with a specific rule in case a licensee does provide false or misleading
information while using the Internet and facsimile broadcasts. The cost for
complaint investigations varies from less than fifty dollars to several hundred
dollars. There are too many variables to determine the cost. There will be
no effect on local employment.
Comments on the proposal may be submitted to Ms. Dorothy Cawthon, State
Board of Examiners for Speech-Language Pathology and Audiology, 1100 West
49th Street, Austin, Texas 78756-3183, telephone (512) 834-6627, fax (512)
834-6677. Public comments will be accepted for 30 days following the publication
of the proposal in the
Texas Register
.
Subchapter A. DEFINITIONS
Subchapter I. DEFINITIONS
Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
passed the National Certification Commission
for Acupuncture and Oriental Medicine (NCCAOM) examination in English within
three attempts. The Executive Director will review on a case-by-case basis
the application of any applicant who did not pass the NCCAOM examination within
three attempts and it will be at his discretion to evaluate the applicant's
eligibility for licensure
].
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
Part 32.
STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY