Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter D. BARBER SHOPS
22 TAC §51.93
The Texas State Board of Barber Examiners proposes new §51.93,
concerning Sanitation Rules for Barber Shops, Schools and Colleges. The proposed
new rule is pursuant to Senate Bill 660, 77th Texas Legislature, Regular Session,
and sets forth the criteria governing sanitary conditions of barber shops,
barber schools and colleges.
Douglas A. Beran, Ph.D., Executive Director, has determined that, for the
first five-year period the rule is in effect, enforcing or administering the
rule has no foreseeable economic implications relating to costs or revenues
of the state or local government.
Dr. Beran also has determined that, for each year of the first five-year
period the rule is in effect, the public benefit anticipated as a result of
enforcing the rule will be to ensure that barber shops, barber schools and
colleges are operated and maintained with sanitary conditions. There will
be an effect on small businesses. The anticipated economic costs to the persons
who are required to comply with the rules as adopted are negligible.
Comments on the proposed new rule may be submitted to Mary Feys, State
Board of Barber Examiners, 5717 Balcones Dr., Suite 217, Austin, Texas 78731
(1-888-870-8755; Fax 512-458-4901; e-mail mary.feys@tsbbe.state.tx.us) no
later than 30 days from the date the proposed action is published in the
The new rule is proposed under the Texas Occupations Code Chapter
1601, §1601.152, which directs the board to adopt reasonable rules on
sanitation for the operation of barber shops, specialty shops, and barber
schools, and Chapter 1601, §1601.151, which vests 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.
No other article or statute is affected by the new rule.
§51.93.Sanitation Rules for Barber Shops and Barber Schools and Colleges.
(a)
Shop Conditions
(1)
Establishments to be lighted and ventilated. Every public
barber shop and barber school and college as defined in Texas Occupations
Code Chapter 1601 shall be properly and adequately lighted and ventilated.
An adequate volume of air must be exhausted to remove contaminants from aerosol
products. Fresh air must be provided to replace air exhausted.
(2)
Walls, ceilings, et cetera, to be kept clean. The walls,
ceilings, furniture and other fixtures, and all other exposed surfaces in
every such establishment shall be kept clean, free from dust, and maintained
in a state of good repair.
(3)
Floors to be kept clean. Floors of every such establishment
shall be thoroughly cleaned each day. All hair dropping upon the floor shall
be removed therefrom as soon as practicable and in such a manner as not to
cause a nuisance. Floors shall be maintained in a state of good repair.
(4)
Suitable equipment. Establishments shall be suitably equipped
to give adequate service to patrons and shall never be used as a living, dining,
or sleeping apartment.
(5)
A barber shop or barber school or college must be in a
separate room from sleeping quarters and the owner or operator shall permit
no person to sleep in any room used wholly or in part as such facility. There
shall be no entrances from the facility opening directly into sleeping quarters.
(6)
A barber shop or barber school or college must be separated
from a place where food is prepared or served by a solid wall from floor to
ceiling of lath or plaster or glass or other solid material.
(b)
Water Supply, Sewerage, and Toilet Facilities
(1)
All barber shops, barber schools, or colleges shall be
supplied with an adequate supply of hot and cold water under pressure. When
water is not obtained from an acceptable public supply, water must meet the
bacteriological, chemical, and physical requirements for drinking water systems
of the Texas Department of Health. Whenever possible, the source of water
supply shall be from an existing public drinking water system. Cross connections
between potable water systems and other systems or equipment containing water
or other substances of unknown or questionable safety are prohibited. Protection
against backflow and back siphonage shall be provided by proper airgaps or
approved backflow preventers where necessary.
(2)
Adequate and safe sewage facilities shall be provided.
Whenever possible, the facility shall be connected to a public sewerage facility.
Where public sewerage is not available, adequate treatment facilities meeting
the standards of the Texas Department of Health and approved by the local
health authority shall be installed to dispose of sewage.
(3)
Toilet facilities with flush toilets shall be suitably
located in adequately and properly ventilated compartments with closing doors
that lock from the inside. Toilet facilities in toilet rooms, separate for
each sex, shall be provided in all places of employment in accordance with
the table in this part.
(4)
The number of facilities to be provided for each sex shall
be based on the number of employees of that sex for whom the facilities are
furnished. Where only one toilet room is reasonably available and can be locked
from the inside, the rule requiring separate toilet rooms for each sex can
be waived. Where such single-occupancy rooms have more than one toilet facility,
only one such facility in each toilet room shall be counted for the purposes
of the table: Number employees--Number water closets: 1 to 15--1; 16 to 35--2;
36 to 55--3. When persons other than employees are permitted use of toilet
facilities on the premise, the number of such facilities shall be appropriately
increased in accordance with the table. For each three required toilet facilities,
at least one lavatory shall be located either in the toilet room or adjacent
thereto. Where only one or two toilet facilities are provided, at least one
lavatory so located shall be provided.
(5)
Washing facilities to be provided. Every such establishment
shall be provided with suitable and adequate washing facilities for barbering
services. Sinks or wash basins must be of nonabsorbent material and properly
trapped, with not less than one sink per two chairs.
(6)
Drinking water facilities. Where fountain facilities designed
for drinking from the stream are provided for dispensing drinking water, such
facilities shall be equipped with approved type angle jet fountain heads.
No common drinking cups are permitted.
(c)
Use of Equipment
(1)
No barber or other person affected by these rules shall
use on any person a comb, hairbrush, hair duster, mug, shaving brush, razor,
shears, scissors, clippers, or tweezers or any similar articles that are not
thoroughly cleaned and disinfected since last used.
(2)
The use of vacuum type devices for removal of loose hair
is satisfactory provided that the portion of the device coming in contact
with the patron is easily removed and constructed for easy cleaning and disinfection
and shall be disinfected prior to use on each patron.
(d)
Attendants to Wash Hands. Attendants shall wash their hands
thoroughly with soap and hot water before attending any person.
(e)
Cleaning and Disinfecting. A disinfectant, germicide, or
bactericide used shall be approved by the Environmental Protection Agency
and used according to label instructions. When not in use, instruments may
be placed in dry disinfectant equipment or under germicidal ultraviolet light.
Metallic instruments with a cutting edge may be disinfected after proper washing
by wiping carefully with a clean cotton pad saturated with a 70% alcohol solution,
or clipper blades may be disinfected with spray-type disinfectants approved
by the Environmental Protection Agency.
(f)
Towels
(1)
Individual towels required. No towels or washcloths shall
be used in any such establishment for more than one person without being properly
laundered and sanitized by regular commercial laundering or noncommercial
laundering process. The process shall include washing with a laundry detergent
and rinsing at a minimum temperature of 150 degrees Fahrenheit for not less
than 20 minutes. A bleach or sanitizing cycle using a rinse containing 100
ppm of available chlorine for three minutes may be used in addition to the
above wash and rinse cycle. A predrying procedure for towels and washcloths
will facilitate the removal of hair. Pre or post drying temperatures should
not exceed 165 degrees Fahrenheit.
(2)
Wet towels and washcloths must be removed from work-stands
upon completion of service to each patron.
(3)
Individual headrest coverage required. Before any patron
attended at any such establishment is permitted to recline in a chair, the
headrest of the chair shall be covered with a clean towel or clean sheet or
paper not previously used for any other purposes.
(4)
Dipping towels, shaving mugs, brushes, et cetera, in water
containers is prohibited.
(5)
Clean linens, such as face towels, steam towels, and other
linens used in any such establishment shall be kept in a closed cabinet at
all times.
(6)
Single use towels may be used on only one person.
(7)
Clean linens, such as face towels, steam towels, and other
linens used in any such establishment shall be kept in a closed cabinet at
all times.
(8)
Single-use towels may be used on only one person.
(g)
Use of Stick Astringent Prohibited. No alums or other astringent
in stick or lump form shall be used in any such establishment. (Powdered or
liquid caustics are suggested.)
(h)
Creams, Lotions, and Cosmetics. All creams, lotions, and
other cosmetics used for patrons must be kept in clean and closed containers.
(i)
Powder Boxes. Open powder boxes must not be used in a reception
room and booths for patrons. Powder must be in shakers or similar receptacles.
(j)
Sanitary Removal of Creams and Semisolid Substances. Creams
and other semisolid substances must be dipped from the container with disinfected
articles or spatula; removing such substances with the fingers is prohibited.
(k)
Communicable Diseases and Infections
(1)
Employees. No person who is knowingly affected with a disease
in communicable form shall work or be employed in such establishment as required
in Texas Occupations Code Chapter 1601.
(2)
Patrons. No person who to his/her own knowledge is affected
with a known disease in communicable form shall be attended in any such establishment.
(l)
Regulations To Be Posted. Sufficient copies of these regulations
shall be kept posted in conspicuous places in every such establishment
(m)
Penalties. Whoever violates any provision of these rules
and regulations as provided in the Texas Occupations Code Chapter 1601 or
refuses to comply with any provision thereof shall be fined not to exceed
$1,000.
(n)
Americans with Disabilities Act. To the extent that these
rules are in conflict with the Americans with Disabilities Act. The Act supercedes
these 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 April 12, 2002.
TRD-200202295
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 458-1091
22 TAC §51.121
The Texas State Board of Barber Examiners proposes an amendment
to §51.121, concerning Barber Inspector. The proposed amendment provides
that an applicant for the position of barber inspector must be a licensed
barber and must have practiced barbering for at least three (rather than five)
years immediately prior to applying for the position of barber inspector.
Douglas A. Beran, Ph.D., Executive Director, has determined that, for the
first five-year period the rule is in effect, enforcing or administering the
rule has no foreseeable economic implications relating to costs or revenues
of the state or local government.
Dr. Beran also has determined that, for each year of the first five-year
period the rule is in effect, the public benefit anticipated as a result of
enforcing the rule will be to enlarge the pool of applicants for barber inspector
while still ensuring that applicants for barber inspector have sufficient
experience as barbers to bring expertise to the position of barber inspector.
There will not be an effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the proposed section.
Comments on the proposed amendment may be submitted to Mary Feys, State
Board of Barber Examiners, 5717 Balcones Dr., Suite 217, Austin, Texas 78731
(1-888-870-8755; Fax 512-458-4901; e-mail mary.feys@tsbbe.state.tx.us) no
later than 30 days from the date of the proposed action is published in the
The amendment is proposed under the Texas Occupations Code Chapter
1601, §§1601.101, 1601.104, and 1601.151 which vests 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.
No other article or statute is affected by this amendment.
§51.121.Barber Inspector.
All applicants for the position of barber inspector must be licensed
barbers and must have practiced barbering for at least
three
[
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 April 12, 2002.
TRD-200202292
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 458-1091
22 TAC §51.131
The Texas State Board of Barber Examiners proposes amendments
to §51.131, concerning Informal Disposition. The proposed amendments
are pursuant to the Texas Occupations Code Chapter 1601, §1601.706. The
proposed amendments rename §51.131 Informal Disposition as Administrative
Procedures Regarding Disciplinary Actions Against Licensees and add a new
subsection (b) such that the Executive Director may sign a Board Order once
a Proposal for Decision has been ratified by the Board.
Douglas A. Beran, Ph.D., Executive Director, has determined that for the
first five-year period the rule is in effect, enforcing or administering the
rule has no foreseeable economic implications relating to costs or revenues
of the state or local government.
Dr. Beran 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 schools, licensees, and permit holders comply
with the requirements of the rules of the board. There will not be an effect
on small businesses. There are anticipated economic costs to persons who are
required to comply with the rule as adopted.
Comments on the proposed amendment may be submitted to Mary Feys, State
Board of Barber Examiners, 5717 Balcones Dr., Suite 217, Austin, Texas 78731
(1-888-870-8755; FAX 512-458-4901; e-mail mary.feys@tsbbe.state.tx.us) no
later than 30 days from the date that the proposed action is published in
the
Texas Register
.
The amendment is proposed under the Texas Occupations Code Chapter
1601, §1601.706 and the Texas Occupations Code Chapter 1601, §1601.151
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.
No other article or statute is affected by the amendments.
§51.131. Administrative Procedures Regarding Disciplinary Actions Against Licensees [
(a)
Informal hearings of disciplinary actions may
be conducted after the filing of a written complaint, but before any formal
board action is taken. Informal disposition may be made of any proceeding
by stipulation, agreed settlement, consent order, or default. Informal hearings
may be chaired by one board member, or designate or representative of the
board. The Barber Board shall present its information and the party or parties
affected shall have the opportunity to show compliance with the law at the
informal hearing, in an effort to bring about the just and equitable solution
of the problems without a formal hearing before the full board. All informal
dispositions of matters shall not be final and effective until the full board
at a regularly called session endorses and renders its acceptance of the proposed
agreement of the parties. Such informal hearings shall be held without prejudice
to the right of the board thereafter, if the controversy is not resolved,
to institute a formal hearing governing the same matters, or the right of
the licensee involved, if the controversy is no resolved, to request a formal
hearing.
(b)
The Executive Director may
sign a Board Order once a Proposal for Decision has been ratified 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 April 12, 2002.
TRD-200202294
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 458-1091
22 TAC §51.141
The Texas State Board of Barber Examiners proposes amendments
to §51.141, concerning Definitions. The proposed amendments provide that
(1) the use of any blade, drill, or cutting tool for the purpose of removing
corns or calluses is considered a medical practice and is prohibited and that
(2) the use of any drill or similar tool designed for use by a manicurist
or pedicurist is prohibited without proof of certification of training of
that manicurist or pedicurist through a program approved by the Texas State
Board of Barber Examiners.
Douglas A. Beran, Ph.D., Executive Director, has determined that, for the
first five-year period the rule is in effect, enforcing or administering the
rule has no foreseeable economic implications relating to costs or revenues
of the state or local government.
Dr. Beran also has determined that, for each year of the first five-year
period the rule is in effect, the public benefit anticipated as a result of
enforcing the rule will be to prohibit the use of unsafe tools and to ensure
the safe use of power or manual blades, drills, or cutting tools by manicurists
or pedicurists licensed by the Board. There will not be an effect on small
businesses. The anticipated economic costs to the persons who are required
to comply with the rules as adopted are contingent upon the training costs
and travel costs to participate in approved training programs.
Comments on the proposed amendment may be submitted to Mary Feys, State
Board of Barber Examiners, 5717 Balcones Dr., Suite 217, Austin, Texas 78731
(1-888-870-8755; Fax 512-458-4901; e-mail mary.feys@tsbbe.state.tx.us) no
later than 30 days from the date of the proposed action is published in the
The amendment is proposed under the Texas Occupations Code §1601.151
which vests 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.
No other article or statute is affected by this amendment.
§51.141.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(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 or cutting tool for the purpose
of removing corns or calluses is considered a medical practice and is prohibited.
[
(B)
The use of any drill or similar
tool designed for use by a manicurist or pedicurist is prohibited without
proof of certification of training of that manicurist or pedicurist through
a program approved by the Texas State Board of Barber Examiners.
(C)
[
(D)
[
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 April 12, 2002.
TRD-200202293
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 458-1091
Chapter 101.
DENTAL LICENSURE
22 TAC §101.9
The State Board of Dental Examiners proposes amendments to §101.9,
Dental Profiles. Section 101.9 provides that all applicants for renewals of
dental licenses must include specified data on a form provided by the State
Board of Dental Examiners and must do so by June 1, 2002. The State Board
of Dental Examiners proposes to amend the effective date of this rule to begin
on January 1, 2003.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five year period the amended rule is in effect there
will be limited fiscal implications for local or state government as a result
of enforcing or administering the amended rule.
There is an anticipated economic cost to persons who are required to comply
with the amended section. There is no anticipated local employment impact
as a result of enforcing this amended section.
Mr. Hill also has determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of the amended section will be access by the public to licensees' information
which will be uniform.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore the SBDE has determined that compliance with the proposed
amended rule will not have an adverse economic impact on small business when
compared to large businesses. The requirement under §101.9 will impact
individuals who make application for renewal and not small businesses.
Comments on the proposed amendment may be submitted to Mei Ling Clendennen,
Assistant Executive Director, State Board of Dental Examiners, 333 Guadalupe,
Tower 3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered,
all written comments must be received by the State Board of Dental Examiners
no later than 30 days from the date that this amended rule is published in
the
Texas Register
.
The amended rule is proposed under Texas Government Code§2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry, and Senate Bill 187, § 11,
77th Legislature, 2001, which requires the Board to adopt rules to establish
a profile system.
§101.9. Dental Profiles.
(a)
Beginning
January 1, 2003,
[
(b)
When a renewal application is returned to an applicant
because it is incomplete or fees are not paid, and the corrected application
is received after the applicant's license has expired, statutory penalties,
as set forth will be assessed and collected before the license is renewed.
(c)
Dentists' profile data to be collected and made available
to the public includes the following for each dentist:
(1)
Name of license holder;
(2)
Primary practice location address or a statement that the
dentist does not practice dentistry;
(3)
Telephone number at the primary practice location;
(4)
Whether patient areas are accessible to disabled persons
in compliance with the Americans With Disabilities Act (AwDA);
(5)
Whether the dentist accepts insurance;
(6)
Whether the dentist is a Medicaid provider;
(7)
Whether the dentist provides care under the Children's
Health Insurance Program (CHIP) or other state program;
(8)
The dental degree held by applicant and the school that
conferred it;
(9)
Specialty certifications held, if any;
(10)
The number of years the dentist has practiced;
(11)
Any hospital affiliation(s);
(12)
Language translating services available, if any; and
(13)
Whether translating services are available for patients
with impairment of hearing.
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 April 15, 2002.
TRD-200202325
Jeffry Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 463-6400
22 TAC §104.1
The State Board of Dental Examiners proposes amendments to §104.1,
requirements for continuing education credit hours during renewal of licensure
in compliance with maintaining licensure. Section 104.1 provides that for
renewals of licensure beginning in 2001, and thereafter, licensees must provide
proof of completion of twelve hours of acceptable continuing education in
order to maintain compliance for licensure. The State Board of Dental Examiners
proposes to repeal §104.1 at paragraph (2) in its entirety. Section 104.1(2)
provided that all licensees begin a one year continuing education period on
their renewal dates in the year 2000 and that for licensees whose three year
renewal period ends in 2000, or would have ended in 2001 or 2002, the amount
of continuing education due for that three year period, or portion of a three
period, shall be calculated on the basis of one hour of continuing education
each month of the period that has passed on the 2000 renewal date. Because
the State Board of Dental Examiners no longer requires completion of thirty-six
continuing credit hours within a three year renewal period, §104.1(2)
is moot and no longer applicable. The remainder of §104.1 shall remain
unchanged with no proposed amendments to the current language.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five year period the amended rule is in effect there
will be limited fiscal implications for local or state government as a result
of enforcing or administering the rule.
There is no anticipated economic cost to persons who are required to comply
with the elimination of §104.1(2). There is no anticipated local employment
impact as a result of eliminating this section.
Mr. Hill also has determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of the amended section will be uniformity in licensees' continuing education
credit hours within the renewal period for licensees.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore the SBDE has determined that compliance with the proposed
amended rule will not have an adverse economic impact on small business when
compared to large businesses. The requirements of §104.1 will impact
individuals who complete continuing education credit hours and not small businesses.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered, all written
comments must be received by the State Board of Dental Examiners no later
than 30 days from the date that this amended rule is published in the
The amended rule is proposed under Texas Government Code§2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry, and §257.005 which provides
continuing education requirements for dentists and dental hygienists.
The proposed amended rule does not affect other statutes, articles, or
codes.
§104.1. Requirement.
[
(1)
A licensee may carry forward continuing education hours
earned prior to a renewal period which are in excess of the 12-hour requirement
and such excess hours may be applied to subsequent years' requirements. Excess
hours to be carried forward must have been earned in a classroom setting and
within the three years immediately preceding the renewal period. A maximum
of 24 total excess credit hours may be carried forward.
[(2)
All dentists and dental hygienists will
begin a one year continuing education period on their renewal dates in the
year 2000. For licensees whose three year period ends in 2000, or would have
ended in 2001 or 2002, the amount of CE due for that three year period, or
portion of a three year period, shall be calculated on the basis of one hour
of CE for each month of the period that has passed on the 2000 renewal date.
No more than 36 hours of CE will be due for any three year period described
herein. In the event that a licensee has CE hours in excess of the amounts
required hereby, the excess may be carried forward pursuant to paragraph (1)
of this section.]
(2)
[
(A)
Such requests must be in writing and submitted to and approved
by the Continuing Education Committee prior to the expiration of the annual
period for which the alternative is being requested.
(B)
A licensee must provide supporting documentation detailing
the reason why the continuing education requirements set forth in paragraph
(5) of this section cannot be met and must submit a proposal for alternative
education procedures.
(C)
Acceptable causes may include residence outside the United
States, unanticipated financial or medical hardships, or other extraordinary
circumstances that are documented.
(D)
Should the request be denied, the licensee must complete
requirements as cited in paragraph (5) of this section.
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
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 April 15, 2002.
TRD-200202326
Jeffry Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 463-6400
22 TAC §104.6
The State Board of Dental Examiners proposes new §104.6
Audits. Section 104.6 provides that all licensees are subject to audit by
the State Board of Dental Examiners for purposes of ensuring compliance with
the continuing education requirements under Chapter 104 of the State Board
of Dental Examiners' Rules. The purpose of §104.6 is to enable the State
Board of Dental Examiners to conduct audits to verify that licensees are in
compliance with the continuing education credit hours requirements of Chapter
104 of the rules of the State Board of Dental Examiners.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five year period the proposed rule is in effect there
will be limited fiscal implications for local or state government as a result
of enforcing or administering the rule.
There may be a limited anticipated economic cost to persons who are required
to comply with this proposed section in the event that an audit is conducted
for those individual licensees who are being audited. There is no anticipated
local employment impact as a result of enforcing this amended section.
Mr. Hill also has determined that for each year of the first five years
the proposed section is in effect, the public benefit anticipated as a result
of the proposed section will be that licensees are current in their training
through the required number of continuing education credit hours. Compliance
of the required number of continuing education credit hours allows licensees
to deliver un-compromised dental services to the public.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore the SBDE has determined that compliance with the proposed
rule will not have an adverse economic impact on small business when compared
to large businesses. The requirement for this section will impact individual
licensees and not small businesses.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered, all written
comments must be received by the State Board of Dental Examiners no later
than 30 days from the date that this amended rule is published in the
The proposed rule is proposed under Texas Government Code§2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry, and §257.005 which provides
continuing education requirements for dentists and dental hygienists.
§104.6. Audits.
All licensees are subject to audit by the State Board of Dental Examiners
for purposes of ensuring compliance with the continuing education requirements
as outlined in this chapter (Continuing Education).
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 April 15, 2002.
TRD-200202327
Jeffry Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 463-6400
Chapter 465.
RULES OF PRACTICE
22 TAC §465.38
The Texas State Board of Examiners of Psychologists proposes
amendments to §465.38, concerning Psychological Services in the Schools.
The amendments are being proposed in order to clarify that non-LSSPs may not
perform contracted school psychological services.
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 licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The amendments are 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.
§465.38.Psychological Services in the Schools.
This rule acknowledges the unique difference in the delivery of school
psychological services in the public schools from psychological services in
the private sector. The Board recognizes the purview of the State Board of
Education and the Texas Education Agency in safeguarding the rights of public
school children in Texas. The mandated multidisciplinary team decision making,
hierarchy of supervision, regulatory provisions, and past traditions of school
psychological service delivery both nationally and in Texas, among other factors,
allow for rules of practice in the public schools which reflect these occupational
distinctions from the private practice of psychology.
(1) - (2)
(No change.)
(3)
Providers of School Psychological Services. School psychological
services may be provided in Texas public schools only by individuals authorized
by this Board to provide such services. Individuals who may provide such school
psychological services include licensed specialists in school psychology,
and interns or trainees as defined in §463.9 of this title (relating
to Licensed Specialist in School Psychology). Nothing in this rule prohibits
public schools from contracting with licensed psychologists and licensed psychological
associates who are not licensed specialists in school psychology to provide
psychological services, other than school psychology, in their areas of competency.
School districts may contract for specific types of psychological services,
such as clinical psychology, counseling psychology, neuropsychology, and family
therapy, which are not readily available from the licensed specialist in school
psychology employed by the school district. Such contracting must be on a
short term or part time basis and cannot involve the broad range of school
psychological services listed in paragraph (1)(B) of this section.
An
LSSP who contracts with a school district to provide school psychological
services may not permit an individual who does not hold a valid LSSP to perform
any of the contracted school psychological services.
(4) - (7)
(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 April 12, 2002.
TRD-200202240
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.8
The Texas State Board of Examiners of Psychologists proposes
amendments to §470.8, concerning Informal Disposition of Complaints.
The amendments are being proposed in order to clarify that the Disciplinary
Review Panel cannot issue a default judgement against a licensee who does
not appear at an informal conference and to make clear that informal conferences
will occur in executive session in order to preserve the confidentiality of
the ongoing investigation.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rules are in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rules.
Ms. Lee has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and 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 rules as proposed.
Comments on the proposals may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are 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.
§470.8.Informal Disposition of Complaints
(a)
Complaints.
(1)
Unless precluded by law, informal disposition may be made
of any contested case by stipulation, agreed settlement, consent order, default,
or dismissal in accordance with §§2001.056 of the Administrative
Procedure Act.
(2)
Prior to the imposition of disciplinary sanction(s) against
a license, the licensee shall be offered an opportunity to attend an informal
conference and show compliance with all requirements of law, in accordance
with §§2001.054(c) of the Administrative Procedure Act.
(3)
Informal conferences shall be conducted by the Chair of
the Disciplinary Review Panel. The conference shall also be attended by the
designated representative, legal counsel of the agency or an attorney employed
by the office of the attorney general, and other representative(s) of the
agency as the executive director and legal counsel may deem necessary for
proper conduct of the conference. The licensee and/or the licensee's authorized
representative(s) may attend the informal conference and shall be provided
an opportunity to be heard and to present witnesses, affidavits, letters,
reports, and any information deemed relevant for the Board's consideration
in the matter. [
(4)
In any case where charges are based upon information provided
by a person (complainant) who filed a complaint with the Board, the complainant
may attend the informal conference. A complainant who chooses to attend an
informal conference shall be provided an opportunity to be heard, at a time
separate from the respondent, with regard to violations based upon the information
provided by the complainant. Nothing herein requires a complainant to attend
an informal conference.
(5)
Informal conferences shall not be deemed meetings of the
Board and no formal record of the proceedings at such conferences shall be
made or maintained. Any informal record of conferences shall be made by mechanical
or electronic means at the discretion of the Committee Chair.
(6)
Any proposed consent order shall be presented to the Board
for its review. At the conclusion of its review, the Board shall approve or
disapprove the proposed consent order. Should the Board approve the proposed
consent order, the appropriate notation shall be made in the minutes of the
Board; and the proposed consent order shall be entered as an official action
of the Board. Should no agreement be entered into, the Board may refer the
matter to SOAH for a formal hearing.
(b)
Confidentiality of Informal Settlement Conferences. The
Panel may take any and all steps necessary to ensure the confidentiality of
the informal settlement conference in accordance with §§501.205
of the Act
, including but not limited to, conducting the entirety of
the conference in executive session
.
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 April 12, 2002.
TRD-200202241
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.11
The Texas State Board of Examiners of Psychologists proposes
new Board rule §470.11, concerning Service in Non-Rulemaking Proceedings.
The new rule is being proposed in order to clarify the appropriate form of
service upon parties in contested case proceedings.
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 licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The new rule 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 new rule does not affect other statutes, articles, or codes.
§470.11.Service in Non-Rulemaking Proceedings.
Where service of notice by the agency is required, all parties shall
be notified either personally, by first class mail, or by certified mail,
return receipt requested, to the party's last known mailing address as shown
in Board records. If any party has appeared by attorney or other representative,
service shall be made by the methods above upon such attorney or representative.
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 April 12, 2002.
TRD-200202242
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.18
The Texas State Board of Examiners of Psychologists proposes
new Board rule §470.18, concerning The Record. The new rule is being
proposed in order to clarify what the Board may appropriately consider in
terms of evidence when hearing a contested case. The rule conforms to the
requirements of the Administrative Procedure Act (Chapter 2001, Texas Government
Code).
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 licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The new rule 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 new rule does not affect other statutes, articles, or codes.
§470.18.The Record.
The record in a contested case includes:
(1)
all pleadings, motion, and intermediate rulings;
(2)
evidence received or considered by the Board;
(3)
a statement of matters officially noticed;
(4)
questions and offers of proof, objections, and rulings
on these matters;
(5)
proposed findings of fact and conclusions of law, as well
as exceptions thereto;
(6)
any decision, opinion, or report made by the Administrative
Law Judge; and
(7)
all staff memoranda or briefs submitted to or considered
by the Administrative Law Judge or Board decision makers.
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 April 12, 2002.
TRD-200202244
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.20
The Texas State Board of Examiners of Psychologists proposes
new Board rule §470.20, concerning Computation of Time. The new rule
is being proposed in order to clarify how time is computed for purposes of
deadlines which exist in the rest of Chapter 470, as well as other deadlines
established by the State Office of Administrative Hearings and for proceedings
under Chapter 2001 of the Texas Government Code (the Administrative Procedure
Act).
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 licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The new rule 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 new rule does not affect other statutes, articles, or codes.
§470.20.Computation of Time.
In computing time periods prescribed by these rules, or by order of
the agency, the day of the act, event or default on which the designated period
of time begins to run is not included. The last day of the period is included,
unless it is a Saturday, Sunday, or legal holiday, in which case the time
period will end on the next day that the agency is open.
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 April 12, 2002.
TRD-200202297
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.21
The Texas State Board of Examiners of Psychologists proposes
amendments §470.21, concerning Disciplinary Guidelines. The amendments
are being proposed in order to clarify that reprimands are not for specific
periods of time, but are a one-time disciplinary action against a license.
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 licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The amendments are 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 amendments do not affect other statutes, articles, or codes.
§470.21.Disciplinary Guidelines.
(a) - (d)
(No change.)
(e)
Disciplinary Sanctions. If the Board does not revoke the
license of a licensee as part of a disciplinary matter, it may impose the
following disciplinary sanctions which are listed in descending order of severity:
(1)
Suspension for a definite period of time;
(2)
Suspension plus probation of any or all of the suspension
period;
(3)
Probation of the license for a definite period of time;
(4)
Reprimand [
(f) - (i)
(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 April 12, 2002.
TRD-200202245
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §473.1, §473.2
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.1 Application Fees (Not Refundable) and 473.2 Examination
Fees (Not Refundable). The amendments are being proposed in order to fulfill
requirements of contingent revenue for Fiscal Year 2002-2003 appropriations
for the Board. The amendments were previously adopted on an emergency basis
to enable the agency to comply with House Bill 604 mandating an internal audit
of the agency by the 77th Legislature.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rules are in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rules.
Ms. Lee has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rule will be to allow the agency to have sufficient revenue to function.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the rules as proposed.
Comments on the proposals may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are 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.
§473.1.Application Fees. (Not Refundable)
(a)
Psychological Associate Licensure -
$180
[
(b)
Provisionally Licensed Psychologist -
$330
[
(c)
Licensure -
$170
[
(d)
Reciprocity -
$470
[
(e)
Licensed Specialist in School Psychology -
$210
[
§473.2.Examination Fees. (Not Refundable)
(a)
(No change.)
(b)
Jurisprudence -
$210
[
(c)
Oral Examination -
$320
[
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 April 12, 2002.
TRD-200202254
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §473.3
(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 Board rule §473.3, concerning Annual Renewal Fees
(Not Refundable). The repeal is being proposed in order to clarify fee changes
in new Board rule §473.3.
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 licensees and 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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The 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.
§473.3.Annual Renewal Fees (Not Refundable).
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 April 12, 2002.
TRD-200202246
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
22 TAC §473.3
The Texas State Board of Examiners of Psychologists proposes
new Board rule §473.3, concerning Annual Renewal Fees (Not Refundable).
The new rule is being proposed in order to comply with Texas Online fee determinations
authorized by Senate Bill 187 and House Bill 645 passed by the 77th Legislature
requiring on-line renewals and profiles of licensed psychologists.
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 allow the agency to have sufficient revenue to function.
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 Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
TX 78701, (512) 305-7700.
The new rule 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 new rule does not affect other statutes, articles, or codes.
§473.3.Annual Renewal Fees (Not Refundable).
(a)
Psychological Associate Licensure - $90
(b)
Psychological Associate Licensure over the age of 70 -
$15
(c)
Provisionally Licensed Psychologist - $90
(d)
Provisionally Licensed Psychologist over the age of 70
- $15
(e)
Psychologist Licensure - $180
(f)
Psychologist Licensure over the age of 70 - $15
(g)
Psychologist with Health Service Provider Status - $20
(h)
Psychologist with Health Service Provider status over the
age of 70 - No Fee
(i)
Licensed Specialist in School Psychology - $33
(j)
Licensed Specialist in School Psychology over the age of
70 - $13
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 April 12, 2002.
TRD-200202255
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Proposed date of adoption: September 1, 2002
For further information, please call: (512) 305-7700
22 TAC §473.4
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.4, concerning Late Fees for Renewals (Not Refundable).
The amendments are being proposed in order to comply with Texas Online fee
determinations authorized by Senate Bill 187 and House Bill 645 passed by
the 77th Legislature requiring on-line renewals and profiles of licensed psychologists.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rules are in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rules.
Ms. Lee has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rule will be to allow the agency to have sufficient revenue to function.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the rules as proposed.
Comments on the proposals may be submitted to Kourtney D. McDonald, Texas
State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin,
Texas 78701, (512) 305-7700.
The amendments are 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.
§473.4.Late Fees for Renewals (Not Refundable)
(a)
(No change.)
(b)
Licensed Specialists in School Psychology
(1)
One day to ninety days -
$105
[
(2)
Ninety-one days to less than one year -
$210
[
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 April 12, 2002.
TRD-200202256
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 305-7700
Chapter 533.
PRACTICE AND PROCEDURE
22 TAC §533.38
The Texas Real Estate Commission (TREC) proposes an amendment
to §533.38, concerning motions for rehearing, modification of order,
or probation.
The amendment changes the procedures for filing a motion for rehearing
before either a staff hearings officer or the members of the commission. Under
current §533.38, a person requesting a rehearing must specify in the
motion whether the person wishes the motion to be considered by and any rehearing
to be before, the members of the commission. If the person requesting a rehearing
does not specify that the motion be considered by the members of the commission,
the motion for rehearing will default to the presiding officer. The amendment
changes the default to the members of the commission in cases where the person
requesting the hearing fails to specify or requests a hearing before either
the presiding officer or the members of the commission.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the section. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the section.
Ms. DeHay also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be a clarification of when a person will be
permitted to a present a motion for rehearing before the members of the commission.
There is no anticipated economic cost to persons who are required to comply
with the proposed section.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorizes the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§533.38.Motions for Rehearing, Modification of Order, or Probation.
(a)
(No change.)
(b)
[
(c)-(f)
(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 April 11, 2002.
TRD-200202225
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 465-3900
Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
22 TAC §535.63
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.63, concerning education and experience requirements for a license.
The amendment would conform the rule to the amendments to The Real Estate
License Act made by House Bill 695, 77th Legislature (2001). House Bill 695
increases the number of hours of core real estate courses required for salesperson
and broker applications. Effective with applications filed after December
31, 2001, an applicant for a broker license will be required to complete 18
semester (270 classroom) hours of core real estate courses, an increase of
90 core classroom hours over prior law.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the section. There are no
anticipated fiscal implications for units of local government. There is no
anticipated impact on small businesses, micro businesses or local or state
employment as a result of implementing the section.
Ms. DeHay also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be the removal of a conflict with recent changes
to section 7 of The Real Estate License Act, Article 6573a, Texas Civil Statutes.
There is no anticipated economic cost to persons who are required to comply
with the proposed section.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.63.Education and Experience Requirements for a License.
(a)
(No change.)
(b)
Education and experience requirements for a broker license.
(1)-(3)
(No change).
(4)
[
(c)
(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 April 11, 2002.
TRD-200202226
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 465-3900
22 TAC §535.65
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.65, concerning changes in ownership or operation of school; presentation
of courses, advertising, and records. The amendment would permit accredited
real estate schools to request MCE credit to be given to instructors of real
estate core courses subject to certain restrictions. This amendment is similar
to §535.72(m) which permits continuing education providers to request
MCE credit to be given to MCE instructors.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the section. There are no
anticipated fiscal implications for units of local government. There is no
anticipated impact on small businesses, micro businesses or local or state
employment as a result of implementing the section.
Ms. DeHay also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be an enhancement of the educational process
for schools and instructors. There is no anticipated economic cost to persons
who are required to comply with the proposed section.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.65.Changes in Ownership or Operation of School; Presentation of Courses, Advertising, and Records.
(a)-(c)
(No change.)
(d)
Instructors.
(1)-(4)
(No change.)
(5)
Schools may request MCE credit
be given to instructors of real estate core courses subject to the following
guidelines.
(A)
The instructors may receive credit for only
those portions of the course which they teach.
(B)
The instructors may receive full course credit
by attending all of the remainder of the course.
(e)-(j)
(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 April 11, 2002.
TRD-200202227
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) proposes amendments
to §535.101, concerning fees paid by licensees and applicants.
The amendments to subsections 535.101(b)(2) and (b)(4) are proposed in
connection with the passage of S.B. 645 and S.B. 187 by the 77th Legislature
(2001), requiring TREC to participate in an electronic system using the Internet
for licensing. S.B. 645 requires TREC to participate in the electronic licensing
system and pay a subscription fee to the TexasOnline Authority for participation.
S.B. 187 requires TREC to increase renewal fees to cover the cost of the subscription
fees charged by the TexasOnline Authority. Section 535.101 would be amended
to reflect the fees that would be effective for broker and salesperson renewals
for licenses expiring on or after September 1, 2002.
The amendment to subsection 535.101(b)(5) is necessary to cover the increased
cost of providing licensing examination services for TREC by an independent
contractor.
Alan Waters, staff services director, has determined that for the first
five-year period subsections 535.101(b)(2) and (b)(4) are in effect there
will be fiscal implications for the state. Revenue from fees received for
broker and salesperson renewals is anticipated to increase $201,500.00 for
Fiscal Year 2003 and for each year of the five year period following adoption
of the amendment. No fiscal implications are anticipated for units of local
government as a result of enforcing or administering the section. There is
no anticipated impact on small businesses, micro businesses or local or state
employment as a result of implementing the section.
Loretta R. DeHay, general counsel, has determined that for each year of
the first five years the section as proposed is in effect the public benefit
anticipated as a result of enforcing the section will be conforming TREC rules
with statutory changes and enhanced licensing examination services. The anticipated
economic cost to persons who are required to comply with the proposed section
is an additional $3.50 fee for a broker annual renewal, $1.50 fee for salesperson
annual renewal, and $24 for a license examination.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorizes the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.101.Fees.
(a)
(No change.)
(b)
The commission shall charge and collect the following fees:
(1)
(No change.)
(2)
a fee of
$33.50
[
(3)
(No change.)
(4)
a fee of
$31.50
[
(5)
a fee of
$59
[
(6)-(13)
(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 April 11, 2002.
TRD-200202228
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 465-3900
Subchapter G. PERSONNEL--QUALIFICATIONS AND DUTIES
five
] years immediately prior to applying for the position of barber
inspector. An applicant must have a high school diploma or GED.
Subchapter H. INFORMAL HEARING DISPOSITION Informal Disposition ].
Subchapter I. DEFINITIONS
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.
Part 5.
STATE BOARD OF DENTAL EXAMINERS
June 1, 2002,
] all applications for renewals of dental licenses, on a form provided
by the State Board of Dental Examiners, must include data to be used to provide
to the public a "profile" for each licensed dentist. The profile data form
is part of the renewal application and must be completed and all fees paid
before the agency will process the renewal application.
Chapter 104.
CONTINUING EDUCATION
For renewals beginning in 2001 and thereafter,
]
As
[
as
] a prerequisite to the annual renewal of a dental or
dental hygiene license, proof of completion of 12 hours of acceptable continuing
education is required.
(3)
] Each licensee shall select
and participate in the continuing education courses endorsed by the providers
identified in §104.2 of this title (relating to Continuing Education
Providers). A licensee who is unable to meet education course requirements
may request that alternative courses or procedures be approved by the Continuing
Education Committee.
(4)
] Examiners for the Western Regional
Examining Board (WREB) will be allowed credit for no more than 6 hours annually,
obtained from WREB's calibration and standardization exercise. This provision
shall not apply to active board members.
(5)
] All 12 hours must be either
technical or scientific as related to clinical care. The terms "technical"
and "scientific" as applied to continuing education shall mean that courses
have significant intellectual or practical content and are designed to directly
enhance the practitioner's knowledge and skill in providing clinical care
to the individual patient.
(6)
] Hours in the standards of the
Occupational Safety and Health Administration (OSHA) or in cardiopulmonary
resuscitation (CPR) may not be considered in the 12-hour requirement.
(7)
] No more than 4 hours in any
12-hour accumulation may be in self-study. These self-study hours must be
provided by those entities cited in §104.2. Examples of self-study courses
include correspondence courses, video courses, audio courses, and reading
courses.
(8)
] Any individual or entity may
petition one of the providers listed in §104.2 of this title (relating
to Providers) to offer continuing education.
(9)
] No more than 4 hours in a 12-hour
accumulation may be interactive computerized courses. These interactive computerized
courses must be provided by those entities cited in §104.2 of this title.
Examples of interactive computer courses include those that involve interactive
dialogue through electronic linkage with an instructor in which manipulation
of text or data by the licensee occurs.
(10)
] Providers cited in §104.2
of this title (relating or Providers) will approve individual courses and/or
instructors.
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 470.
ADMINISTRATIVE PROCEDURE
Although the
]
The
licensee's attendance
and participation is voluntary [
, the Committee may handle the matter
as a default disposition if the licensee declines to attend or fails to appear
at the informal conference
].
for a definite period of time
].
Chapter 473.
FEES
$160
]
$310
]
$150
]
$450
]
$190
]
$200
]
$300
]
$100
]
$200
]
Part 23.
TEXAS REAL ESTATE COMMISSION
If the party filing the motion desires the motion
to be considered by, and any rehearing to be before, the members of the commission,
the party shall include in the motion a request for consideration by, and
any rehearing to be before, the members of the commission.
] A party
shall submit the motion to either the presiding officer or to the members
of the commission, as the case may be, for consideration and appropriate action.
A motion which requests action by the presiding officer, and in the alternative,
action by the members of the commission, will be deemed a motion for consideration
of the
members of the commission
[
presiding officer
]
and treated accordingly. A motion that does not include an express request
for consideration by the
presiding officer
[
members of the
commission
] will be deemed to be a request for consideration by
the members of the commission
[
a presiding officer
], and
if the party has filed a timely motion for rehearing to be considered by either
the presiding officer or the members of the commission, the party need not
file any additional motions for rehearing as a prerequisite for judicial review.
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
With respect to the education requirement of 60 semester
hours in effect on or after January 1, 1985,
]
The
[
the
] commission shall require not less than
18
[
12
]
semester hours (
270
[
180
] classroom hours) in courses
reflecting course titles or course descriptions in the real estate disciplines
including, but not limited to, the statutory subject areas identified in the
Act, §7(a) and §7(j). The commission will publish periodically guidelines
as to the acceptability of related courses. Provided, however, that an applicant
for a broker license who was licensed as a salesperson subject to the annual
education requirements set forth in this Act must provide the commission satisfactory
evidence of having completed
18
[
12
] semester hours (
270
[
180
] classroom hours) of core real estate courses[
that would have been required for the applicant's third annual renewal of
a salesperson license
].
Subchapter J. FEES
$30
] for annual
renewal of a real estate broker license;
$30
] for annual
renewal of a real estate salesperson license;
$35
] for an application
for a license examination;
Subchapter R. REAL ESTATE INSPECTORS