Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 184.
SURGICAL ASSISTANTS
22 TAC §§184.2, 184.3, 184.5, 184.7, 184.9 - 184.12, 184.14, 184.16
The Texas State Board of Medical Examiners adopts new §§184.2,
184.3, 184.5, 184.7, 184.9 - 184.12, 184.14 and 184.16, concerning Surgical
Assistants, without changes to the proposed text as published in the March
1, 2002, issue of the
Texas Register
(27 TexReg
1424) and will not be republished. Sections 184.1, 184.4, 184.6, 184.8, 184.13,
and 184.15 have been withdrawn and reproposed (both on an emergency basis
and as a regular proposal) elsewhere in this issue of the
Texas Register
.
The new chapter is proposed and adopted as a result of HB 1183 of the 77th
Legislature requiring the board to license and regulate surgical assistants.
Comments were received from the Texas Nurses Association regarding §184.12,
regarding scope of practice issues - the board reviewed the comment and felt
that it did not enhance the rule to incorporate their suggestion. Comments
were received from the Association of Surgical Technologists and the Texas
Society of Surgical Assistants regarding §184.2 and §184.5. The
organizations believe it was the legislative intent to leave the decision
of the meaning of "direct supervision" to the supervising physician. The board
disagreed. Both the board and the Surgical Assistants Advisory Committee thoroughly
discussed supervision issues and felt that the additional language was necessary
to properly define this. In addition, their comment regarding §184.5,
relating to procedural rules, was considered. The board disagreed with their
comments. The rules reflect the standard required for other professionals
licensed by the board.
The new sections are adopted 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.
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 April 8, 2002.
TRD-200202160
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 28, 2002
Proposal publication date: March 1, 2002
For further information, please call: (512) 305-7016
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
22 TAC §203.20
The Texas Funeral Service Commission (Commission) adopts
the repeal of section 203.20 concerning Clarification of Other Itemized Services
Provided by Funeral Home Staff as published in the November 9, 2001, issue
of the
Texas Register
(26 TexReg 8978) without
changes and will not be republished.
The repeal is adopted to remove from the Texas Administrative Code the
existing section so that a new section may be adopted under a new title.
The Commission received no comments on the proposed repeal of §203.20.
The repealed section is adopted under Occupations Code,§651.152.
and Government Code, §2001.021. The Commission interprets Government
Code. §2001.021 as establishing a statutory procedure for rulemaking
petitions. The Commission interprets Occupations Code,§651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651.
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 April 4, 2002.
TRD-200202133
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: April 24, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 479-5064
Chapter 425.
LICENSED COMPANIES
22 TAC §425.80
The Texas Commission on Private Security adopts the repeal
of §425.80, concerning Written Examination, without changes to the proposed
text as published in the January 4, 2002, issue of the
Texas Register
(27 TexReg 32) and will not be republished.
Previously, the proposed repeal of §425.80 was published in the November
9, 2001, issue of the
Texas Register
(26 TexReg
8987). That version was withdrawn in the January 4, 2002, issue of the
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
No comments were received regarding adoption of the rule.
The repeal is adopted under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this 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 April 8, 2002.
TRD-200202170
Cliff Grumbles
Executive Director
Texas Commission on Private Security
Effective date: April 28, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 936-2088
22 TAC §426.1
The Texas Commission on Private Security adopts new §426.1,
concerning Written Examination, with changes to the proposed text as published
in the January 4, 2002, issue of the
Texas Register
(27 TexReg 32). The text of the rule will be republished.
Changes to the rule were made to allow the executive director the discretion
to allow for an open book examination with the provision that a time limit
be placed on the exam with the determination to be made at the discretion
of the executive director.
The new section is adopted to limit commissioned security officers or personal
protection officers to carry only a firearm of which they have been formally
trained and filed with the Commission.
Previously, the proposed repeal of §425.80 was published in the November
9, 2001, issue of the
Texas Register
(26 TexReg
8987). That version was withdrawn in the January 4, 2002, issue of the
No comments were received regarding adoption of the new rule.
The new section is adopted under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
§426.1.Written Examination for Managers.
(a)
All Manager or Supervisor applicants shall pass a written
examination administered by the Commission.
(b)
The passing grade of a written examination shall be 75%
of the total points possible.
(c)
The written examination shall cover all sections of the
Act and Commission Rules.
(d)
Before being administered the written examination, the
Manager or Supervisor applicant must:
(1)
Upon request present a valid identification card which
contains a photograph;
(2)
Report 30 minutes prior to the examination time; and
(3)
Comply with all the written and verbal instructions of
the proctor;
(e)
During an examination session, a Manager or Supervisor
shall not:
(1)
Give or receive answers or communicate in any manner with
another examinee during the examination;
(2)
Communicate any of the content of an examination to another
at any time;
(3)
Steal, copy, or in any way reproduce any part of the examination;
(4)
Engage in any deceptive or fraudulent act either during
an examination or to gain admission to it;
(5)
Solicit, encourage, direct, assist, or aid another person
to violate any provision of this section; or
(6)
Disrupt the examination session.
(f)
Time Limit for examinations will be at the discretion of
the Executive Director.
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 April 8, 2002.
TRD-200202171
Cliff Grumbles
Executive Director
Texas Commission on Private Security
Effective date: April 28, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 936-2088
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY
Chapter 426.
GENERAL ADMINISTRATION AND EXAMINATION
Chapter 428.
UNIFORMED MOTORCYCLE ESCORT SERVICE