TITLE 22.EXAMINING BOARDS

Part 9. TEXAS STATE BOARD OF MEDICAL EXAMINERS

Chapter 164. PHYSICIAN ADVERTISING

22 TAC §164.4

The Texas State Board of Medical Examiners adopts new §164.4, relating to the use of the term board certification by physicians in advertising, without changes to the proposed text as published in the December 29, 2000, issue of the Texas Register (25 TexReg 12887).

This section outlines the criteria to be followed when using the term board certification so as not to be false or misleading in content.

Comments on the proposal are as follows:

Texas Society of Plastic Surgeons commented in support of the rule overall, but suggested a few minor changes. The board considered the suggestions, but did not agree that the changes would add clarification to the rule as proposed.

The new section is adopted under the authority of the Occupations Code, §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.

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 February 16, 2001.

TRD-200100982

F.M. Langley, DVM, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: March 8, 2001

Proposal publication date: December 29, 2000

For further information, please call: (512) 305-7016


Chapter 175. FEES, PENALTIES, AND APPLICATIONS

22 TAC §175.1

The Texas State Board of Medical Examiners adopts an amendment to §175.1, regarding fees, without changes to the proposed text as published in the December 29, 2000, issue of the Texas Register (25 TexReg 12888).

The amendment clarifies new fees for biennial non-profit health organization applications and fees for filing late applications.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the authority of the Occupations Code, §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.

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 February 16, 2001.

TRD-200100983

F.M. Langley, DVM, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: March 8, 2001

Proposal publication date: December 29, 2000

For further information, please call: (512) 305-7016


Chapter 177. CERTIFICATION OF NON-PROFIT ORGANIZATIONS

22 TAC §§177.1, 177.2, 177.4, 177.6-177.11, 177.13, 177.15, 177.16

The Texas State Board of Medical Examiners adopts amendments to §§177.1, 177.2, 177.4, 177.6-177.11, 177.13, 177.15, and 177.16, regarding certification of non-profit health organizations, without changes to the proposed text as published in the December 29, 2000, issue of the Texas Register (25 TexReg 12889).

The amendments update new cites to the Occupations Code, address administrative procedures regarding late filing of biennial applications and insufficient reports, and clarify fees.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the authority of the Occupations Code, §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.

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 February 16, 2001.

TRD-200100984

F.M. Langley, DVM, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: March 8, 2001

Proposal publication date: December 29, 2000

For further information, please call: (512) 305-7016


Chapter 193. STANDING DELEGATION ORDERS

22 TAC §193.6

The Texas State Board of Medical Examiners adopts an amendment to §193.6(h), relating to standing delegation orders, without changes to the proposed text as published in the December 1, 2000, issue of the Texas Register (25 TexReg 11820).

The amendment clarifies cite references to the Texas Occupations Code Annotated.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the authority of the Occupations Code, §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.

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 February 16, 2001.

TRD-200100985

F.M. Langley, DVM, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: March 8, 2001

Proposal publication date: December 1, 2000

For further information, please call: (512) 305-7016


Part 15. TEXAS STATE BOARD OF PHARMACY

Chapter 291. PHARMACIES

Subchapter B. COMMUNITY PHARMACY (CLASS A)

22 TAC §291.34, §291.36

The Texas State Board of Pharmacy adopts amendments to §291.34, concerning Records, and §291.36, concerning Class A Pharmacies Compounding Sterile Pharmaceuticals. These amendments are adopted without changes to the proposed text as published in the December 29, 2000, issue of the Texas Register (25 TexReg 12893).

The amendments streamline the process of issuing written prescriptions and permit practitioners to electronically replicate their manual signature on written prescriptions.

No comments were received.

The amendments are adopted under sections 551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code). The Board interprets section 551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets section 554.051 as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this rule: Chapters 551-566, Texas Occupations Code.

The 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.

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 February 15, 2001.

TRD-200100962

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: March 7, 2001

Proposal publication date: December 29, 2000

For further information, please call: (512) 305-8028


Subchapter D. INSTITUTIONAL PHARMACY (CLASS C)

22 TAC §291.72

The Texas State Board of Pharmacy adopts amendments to §291.72, concerning Definitions. These amendments are adopted without changes to the proposed text as published in the December 29, 2000, issue of the Texas Register (25 TexReg 12895).

These amendments streamline the drug delivery system for persons confined in state operated correctional facilities resulting in a more efficient use of public funds. Specifically, the amendments permit a patient of any state operated correctional facility to be considered an inpatient of any other state operated correctional facility for the purpose of delivery of pharmacy services.

No comments were received.

The amendments are adopted under sections 551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code). The Board interprets section 551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets section 554.051 as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this rule: Chapters 552-566, Texas Occupations Code.

The 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.

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 February 15, 2001.

TRD-200100961

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: March 7, 2001

Proposal publication date: December 29, 2000

For further information, please call: (512) 305-8028


Chapter 305. EDUCATIONAL REQUIREMENTS

22 TAC §305.2

The Texas State Board of Pharmacy adopts new §305.2, concerning Pharmacy Technician Training Programs. This new rule is adopted without changes to the proposed text as published in the December 29, 2000, issue of the Texas Register (25 TexReg 12895).

The new section implements the provisions of Senate Bill 730, Acts of the 76th Legislature, by setting standards for recognition and approval of pharmacy technician training programs wishing to be approved and listed by the Texas State Board of Pharmacy.

Comments were received from the American Society of Health-System Pharmacists (ASHP), Bethesda Maryland. ASHP applauds the Board's adoption of the ASHP Accreditation Standard for Pharmacy Technician Training Programs as its standard for Board-approved training programs. However, ASHP had the following comments with regard to Board approval of training programs not accredited by ASHP. (1) ASHP felt that the proposed rule needs to clarify whether approval of pharmacy technician training programs by the Board is voluntary or mandatory. The Board disagrees and believes §305.2(a) clearly indicates that approval is voluntary. (2) ASHP stated that the terms "healthcare organization" and "academic institution" contained within the ASHP Accreditation Standard are interpreted broadly enough that §305.2(b)(4)(A)(i) is not necessary. The Board disagrees and believes §305.2(b)(4)(A)(i) clarifies Board-approved training programs may be offered by other types of entities. (3) Referring to §305.2(b)(4)(A)(ii), ASHP believes that a health-system facility should be accredited by one of the listed organizations. The Board disagrees and believes that accreditation by one of the listed accrediting bodies is not necessary for the limited purpose of this rule. (4) During the next revision of the Standard, ASHP will consider whether to continue requiring a high school diploma or equivalent. The implication being that if ASHP deletes their degree requirement, §305.2(b)(4)(A)(iii) which allows a person enrolled in a high school or equivalent degree program to participate in a technician training program, will not be necessary. The Board disagrees and believes there should not be a delay in the implementation of §305.2(b)(4)(A(iii). (5) ASHP states that the proposed preamble does not mention fiscal impact to small or large businesses or other entities who are required to comply with this section. The Board disagrees because the proposed preamble addressed the matter with a statement that since compliance with this section is not required, there is no fiscal impact for small or large businesses or other entities who are required to comply with this section.

The amendments are adopted under sections 551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code) and Senate Bill 730, Acts of the 76th Legislature which amended the Texas Pharmacy Act (Article 4542a-1, now codified as Chapters 551-566, Occupations Code). The Board interprets section 551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets section 554.051 as authorizing the agency to adopt rules for the proper administration and enforcement of the Act. The Board interprets Senate Bill 730 as requiring the Board to issue standards for recognition and approval of technician training programs, and maintain a list of Board-approved training programs which meet the standards.

The statutes affected by this rule: Chapters 552-566, Texas Occupations Code.

The 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.

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 February 15, 2001.

TRD-200100960

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: March 7, 2001

Proposal publication date: December 29, 2000

For further information, please call: (512) 305-8028