Part 19.
POLYGRAPH EXAMINERS BOARD
Chapter 393.
GENERAL
22 TAC §393.10, §393.11
The Polygraph Examiners Board adopts new §393.10, concerning
the Suspension of License for Failure To Pay Child Support and §393.11,
concerning licensing of guaranteed student loan defaulters. Section 393.11
is adopted with changes to the proposed text as published in the October 27,
2000, issue of the
Texas Register
(25 TexReg
10614). Section 393.10 is adopted without changes and will not be republished.
This chapter is being amended to add new regulations regarding child support
and guaranteed student loan defaulters.
No comments were received regarding adoption of the new sections.
The new sections are adopted under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
§393.11.Licensing of Guaranteed Student Loan Defaulters.
(a)
The Board shall refuse to renew the license of a licensee
whose name is on the list of those who have defaulted on student loans published
by the Texas Guaranteed Student Loan Corporation (hereinafter TGSLC) unless:
(1)
the renewal is the first renewal following the Board's
receipt of a TGSLC list including the licensee's name among those in default;
or
(2)
the licensee presents to the Board a certificate issued
by the TGSLC certifying that:
(A)
the licensee has entered into a repayment agreement on
the defaulted loan; or
(B)
the licensee is not in default on a loan guaranteed by
the corporation.
(b)
The Board may issue an initial license to a person on TGSLC's
list of defaulters who meets all other qualifications for licensure but shall
not renew the license unless the licensee presents to the Board a certificate
issued by the TGSLC certifying that:
(1)
the licensee has entered in to a repayment agreement on
the defaulted loan; or
(2)
the licensee is not in default on a loan guaranteed by
the TGSLC.
(c)
The Board shall not renew the license of a licensee who
defaults on a repayment agreement unless the person presents to the Board
a certificate issued by the TGSLC certifying that:
(1)
the licensee has entered into another repayment agreement
on the defaulted loan; or
(2)
the licensee is not in default on a loan guaranteed by
the TGSLC or on a repayment agreement.
(d)
The Board will provide the licensee identified by the TGLSC
as being in default with written notice of his or her default status at least
30 days before the expiration day of the license to the last known address
according to the Board's record.
(e)
A person informed by the Board of his or her default status
according to the TGSLC shall be given a hearing in accordance with Chapter
397 of this title (relating to Practice and Procedures).
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 20, 2001.
TRD-200101056
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Effective date: March 12, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2058
22 TAC §§395.6, 395.11, 395.13
The Polygraph Examiners Board adopts amendments to §§395.6,
395.11, and 395.13, concerning Code of Operating Procedure of Polygraph Examiners,
without changes to the proposed text as published in the October 27, 2000,
issue of the
Texas Register
(25 TexReg 10615).
Sections 395.8, 395.10, 395.17, and 395.18 are being re-written by the board
and will be adopted at a later date.
The sections are being amended due to the Board's review of the chapter.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
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 20, 2001.
TRD-200101057
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Effective date: March 12, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2058
Chapter 465.
RULES OF PRACTICE
22 TAC §§465.7, 465.22, 465.38
The Texas State Board of Examiners of Psychologists adopts
an amendment to Board Rule §§465.7, 465.22, and 465.38 concerning
Rules of Practice, without changes to the proposed text published in the December
15, 2000, issue of the
Texas Register
(25 TexReg
12311).
The rule is being amended in order to delineate requirements for display
of licenses for services provided through the internet.
The amended rule will assist the agency in protecting the public.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to promulgate rules consistent with the
Statute.
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 21, 2001.
TRD-200101084
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 13, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 305-7700
22 TAC §469.2
The Texas State Board of Examiners of Psychologists adopts
amendments to §469.2, concerning Complaints and Enforcement, without
changes to the proposed text as published in the December 15, 2000, issue
of the
Texas Register
(25 TexReg 12312).
The rule is being amended to clarify the requirement for the notification
statement when providing services through the internet.
The new rule will assist the Board in protecting the public.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to promulgate rules consistent with the
Statute.
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 21, 2001.
TRD-200101085
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 13, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 305-7700
22 TAC §471.6
The Texas State Board of Examiners of Psychologists adopts
new §471.6, concerning Renewals, without changes to the proposed text
as published in the December 15, 2000, issue of the
Texas Register
(25 TexReg 12312).
The rule is being adopted in order to agree with Texas Occupations Code,
Section 55.002.
The new rule will make the rules adhere to the law.
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to promulgate rules consistent with the
Statute.
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 21, 2001.
TRD-200101086
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 13, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 305-7700
Chapter 571.
LICENSING
Subchapter A. EXAMINATIONS
22 TAC §571.3
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.3 concerning Eligibility for Examination and Licensure without
changes to the proposed text published in the October 27, 2000 issue of the
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of §801.151
(a) of the Texas Occupations Code which gives the Board authority to adopt
rules necessary to administer the Veterinary Licensing Act.
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 21, 2001.
TRD-200101079
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 13, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 305-7555
22 TAC §571.18
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.18 concerning Provisional Licensure without changes to the proposed
text published in the October 27, 2000, issue of the
Texas Register,
25 TexReg 10617. This section, which sets eligibility
criteria for provisional licensure applicants, included a requirement that
applicants provide proof that they received a passing score on the national
examination or the North America Veterinary Licensing Examination (NAVLE).
An applicant may have a valid reason why he/she never took and passed the
examination. The amendments allow the applicant to petition the Board for
an exception to this requirement and sets out the specific factors that the
Board may consider in reviewing the petition for exception.
No comments were received concerning adoption of the amendments.
The amendments are adopted under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Chapter 801, §801.151(a) which
states that the Board may adopt rules necessary to administer the chapter.
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 21, 2001.
TRD-200101080
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: March 13, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 305-7555
Subchapter G. OTHER PROVISIONS
22 TAC §573.73
The Texas Board of Veterinary Medical Examiners adopts amendments
to §573.73, concerning Management Services Organizations in Veterinary
Practice without changes to the proposed text published in the October 27,
2000, issue of the
Texas Register
(25 TexReg
10618).
These amendments are adopted to address the Board's concerns that management
services organizations employed by veterinarians do not prescribe protocols
or provide services that may constitute the practice of veterinary medicine.
One item of related concern is the contract between the veterinarian and the
management services organization that spells out the respective duties and
rights of the parties. The amendments allow the Board to review these contracts
while protecting the confidentiality of the contracts if they are requested
as part of a formal investigation of a complaint. The public may access the
contracts if they are requested by the Board as part of a routine inspection
of a veterinarian's premises.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of Section 801.151
(a) of the Texas Occupations Code which gives the Board authority to adopt
rules necessary to administer the Veterinary Licensing Act.
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 21, 2001.
TRD-200101081
Ron Allen
Executive DIrector
Texas Board of Veterinary Medical Examiners
Effective date: March 13, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 305-7555
Chapter 395.
CODE OF OPERATING PROCEDURE OF POLYGRAPH EXAMINERS
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 469.
COMPLAINTS AND ENFORCEMENT
Chapter 471.
RENEWALS
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Chapter 575.
PRACTICE AND PROCEDURE