The Texas State Board of Pharmacy files this notice of intent to review §§291.101 - 291.105, concerning Class E (Non-Resident) Pharmacies, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rules continue to exist, may be submitted to Gay Dodson, R.Ph., Executive Director/Secretary, Texas State Board of Pharmacy, 333 Guadalupe Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments must be received by 5 p.m., August 1, 2003.

TRD-200303519

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 11, 2003

The Texas State Board of Pharmacy files this notice of intent to review §§295.1 - 295.9, concerning Change of Address and/or Name, Change of Employment, Responsibility of Pharmacist, Sharing Money Received for Prescription, Pharmacist License or Renewal Fees, Licensure Fee, Pharmacist License Renewal, Continuing Education Requirements, and Inactive License, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rules continue to exist, may be submitted to Gay Dodson, R.Ph., Executive Director/Secretary, Texas State Board of Pharmacy, 333 Guadalupe Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments must be received by 5 p.m., August 1, 2003.

TRD-200303518

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 11, 2003

Title 16, Part 1

The Railroad Commission of Texas files this notice of intention to review and readopt 16 TAC Chapter 1, relating to Practice and Procedure. This review and consideration is being conducted in accordance with Texas Government Code, §2001.039.

The agency's reasons for adopting these rules continue to exist; however, the Commission recognizes that some of the provisions in Chapter 1 need to be revised and updated. Therefore, along with the review, the Commission asks current practitioners, consultants, and other interested persons who do business with the Commission, or who are interested in Commission proceedings or administrative proceedings generally, for comments and suggestions regarding possible changes to Chapter 1. The Commission will consider the suggestions and may propose amendments to this chapter in a future rulemaking.

Suggestions about revisions to Chapter 1 and/or comments on the proposed review of Chapter 1 may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept suggestions and comments for 30 days after publication of this notice in the Texas Register . For further information, call Mary "Polly" Ross McDonald at (512) 463-7008. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas, on June 10, 2003.

TRD-200303550

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: June 12, 2003

The Railroad Commission of Texas ("Commission") files this notice of intent to review §§3.6, 3.12, 3.13, 3.16, 3.23, 3.27, 3.30, 3.31, 3.34, 3.41, 3.54, 3.55, 3.62, 3.65, 3.66, 3.67, 3.69, 3.72, 3.75, 3.77, 3.80, 3.93, 3.99, 3.100, and 3.102, relating to Application for Multiple Completion; Directional Survey Company Report; Casing, Cementing, Drilling, and Completion Requirements; Log and Completion or Plugging Report; Vacuum Pumps; Gas To Be Measured and Surface Commingling of Gas; Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Natural Resource Conservation Commission (TNRCC); Gas Reservoirs and Gas Well Allowable; Gas To Be Produced and Purchased Ratably; Application for New Oil or Gas Field Designation and/or Allowable; Gas Reports Required; Reports on Gas Wells Commingling Liquid Hydrocarbons before Metering; Cycling Plant Control and Reports; Pipeline Permits Required; Pipeline Tariffs; Obtaining Pipeline Connections; Definitions; Manifest To Accompany Each Transport of Liquid Hydrocarbons by Vehicle; Discharges to Waters of the State; Brine Mining Injection Wells; Commission Forms, Applications and Filing Requirements; Water Quality Certification Definitions; Cathodic Protection Wells; Seismic Holes and Core Holes; and Tax Reduction for Incremental Production.

As part of this review process but in a separate proposal, the Commission has proposed the amendment, repeal, and new sections for some of the rules being reviewed. That proposal has been filed simultaneously with this proposed review. With regard to §3.30, the Commission's section was adopted in conjunction with the former Texas Natural Resource Conservation Commission's (now the Texas Commission on Environmental Quality's) rule, 30 Texas Administrative Code, §7.117, relating to Memorandum of Understanding between the Railroad Commission of Texas and the Texas Natural Resource Conservation Commission. TNRCC adopted the review of its chapter 7 in the October 27, 2000, issue of the Texas Register (25 TexReg 10772).

Comments on the proposed review may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register and should refer to Oil and Gas Docket No. 20- 0235283. For further information, call Leslie Savage at (512) 463-7308. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas, on June 10, 2003.

TRD-200303551

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: June 12, 2003

The Railroad Commission of Texas files this notice of intent to review §7.45, relating to Quality of Service. This review is being conducted in accordance with Texas Government Code, §2001.039. The agency's reasons for adopting this rule continue to exist.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register . The Commission encourages all interested persons to submit comments no later than the deadline, because there is no guarantee that comments submitted after the deadline will be considered. For further information, call Ms. Mary ("Polly") Ross McDonald at (512) 463-7008. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas, on June 10, 2003.

TRD-200303552

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: June 12, 2003

The Railroad Commission of Texas files this notice of intent to review §§7.70-7.74, and §§7.80-7.87, relating to the Commission's pipeline safety regulations. This review is being conducted in accordance with Texas Government Code, §2001.039. The agency's reasons for adopting the rules continue to exist.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register . The Commission encourages all interested persons to submit comments no later than the deadline, because there is no guarantee that comments submitted after the deadline will be considered. For further information, call Ms. Mary ("Polly") Ross McDonald at (512) 463-7008. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas, on June 10, 2003.

TRD-200303553

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: June 12, 2003

The Railroad Commission of Texas ("Commission") files this notice of intention to review and readopt §§9.2, 9.9, and 9.51 - 9.54, relating to Definitions; Requirements for Certificate Renewal; General Requirements for Training and Continuing Education; Training and Continuing Education Courses; Continuing Education Credit for Previous Courses; and Commission- Approved Outside Instructors. As part of this review process but in a separate proposal, the Commission has proposed some amendments to these sections, the main purpose of which is to update the training and continuing education courses offered by the Commission. The Commission's reasons for adopting these rules, as proposed to be amended, continues to exist.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register . The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Thomas Petru at (512) 463-6930. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas, on June 10, 2003.

TRD-200303555

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: June 12, 2003

The Railroad Commission of Texas (Commission) files this notice of intent to review Chapter 20, relating to Administration. The review is being conducted in accordance with Texas Government Code, §2001.039. The agency's reasons for adopting these rules continue to exist.

Comments on the proposed review may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register . The Commission encourages all interested persons to submit comments no later than the deadline, because there is no guarantee that comments submitted after the deadline will be considered. For further information, call Ms. Mary ("Polly") Ross McDonald at (512) 463-7008. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas on June 10, 2003.

TRD-200303554

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: June 12, 2003

Title 28, Part 2

Notice of Intention to Review

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 112 concerning Scope Of Liability For Compensation. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

112.101 Agreement Regarding Workers' Compensation Insurance Coverage Between General Contractors and Subcontractors.

112.102 Agreements between Motor Carriers and Owner Operators.

112.200 Definition of Residential Structures.

112.201 Agreement To Establish Employer-Employee Relationship for Certain Building and Construction Workers.

112.202 Joint Agreement To Affirm Independent Relationship for Certain Building and Construction Workers.

112.203 Exception to Application of Agreement To Affirm Independent Relationship for Certain Building and Construction Workers.

112.301 Labor Agent's Notification of Coverage.

112.401 Election of Coverage by Certain Professional Athletes.

112.402 Determination of Equivalent Benefits for Professional Athletes.

The agency's reason for adopting the rules contained in these chapters continues to exist and it proposes to readopt these rules. Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 28, 2003 and submitted to Nell Cheslock, Legal Services, Office of General Counsel, MS 4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-200303751

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 18, 2003

Notice of Intention to Review

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 134 concerning Benefits-Guidelines for Medical Services, Charges, and Payments. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature. SUBCHAPTER A - Medical Policies §134.1 Use of the Fee Guidelines §134.5 Treating Doctor Attendance at Medical Examination under a Medical Examination Order §134.6 Travel Expenses Incurred by the Injured Employee SUBCHAPTER C - Medical Fee Guidelines §134.201 Medical Fee Guideline for Medical Treatments and Services Provided under the Texas Workers' Compensation Act §134.202 Medical Fee Guideline §134.302 Dental Fee Guideline SUBCHAPTER E- -Health Facility Fees §134.401 Acute Care Inpatient Hospital Fee Guideline SUBCHAPTER F - Pharmaceutical Benefits §134.500 Definitions §134.501 Initial Pharmaceutical Coverage §134.502 Pharmaceutical Services §134.503 Reimbursement Methodology §134.504 Pharmaceutical Expenses Incurred by the Injured Employee §134.506 Outpatient Drug Formulary SUBCHAPTER G - Prospective And Concurrent Review Of Health Care §134.600 Preauthorization, Concurrent Review, and Voluntary Certification of Health Care SUBCHAPTER I - Provider Billing Procedures §134.800 Required Billing Forms and Information §134.801 Submitting Medical Bills for Payment §134.802 Insurance Carrier's Submission of Medical Bills to the Commission SUBCHAPTER J - Reviews And Audits §134.900 Medical Benefit Review and Audit

The agency's reason for adopting the rules contained in these chapters continues to exist and it proposes to readopt these rules. Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 24, 2003 and submitted to Nell Cheslock, Legal Services, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-200303605

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 13, 2003

Title 25, Part 16

The Texas Health Care Information Council (Council) files this notice of adopted review to Chapter 1301, Subchapter A, §§1301.11-1301.20, concerning Collection and Release of Hospital Discharge Data. The proposed review was published in the February 21, 2003, issue of the Texas Register (28 TexReg 1663). The Council also proposed amendments to §§1301.11, 1301.12, 1301.14, 1301.15, 1301.16, 1301.17, 1301.18, and 1301.19 which were published in March 21, 2003 issue of the Texas Register (28 TexReg 2451) relating to the change in billing claim format as required by the Public Law 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA), and providing access to more Public Use Data elements regarding external causes of injury, charges, service utilization, and to clarify language. These sections are being adopted with changes to §1301.19 elsewhere in this issue of the Texas Register.

The adopted review is being conducted in accordance with the requirements of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature, chapter 1499, §1.11(a).

The Council has reviewed the rules in Subchapter A and determined that the reasons for their initial adoption continue to exist

This concludes the review of Chapter 1301, Subchapter A. 25 TAC §1301.11. Definitions. 25 TAC §1301.12 Collection of Hospital Discharge Data. 25 TAC §1301.13 Schedule for Filing Discharge Reports. 25 TAC §1301.14 Instructions for Filing Discharge Reports. 25 TAC §1301.15 Exemptions from Filing Requirements. 25 TAC §1301.16. Acceptance of Discharge Reports and Correction of Errors. 25 TAC §1301.17. Certification of Discharge Reports. 25 TAC §1301.18. Hospital Discharge Data Release. 25 TAC §1301.19. Discharge Reports--Records, Data Fields and Codes. 25 TAC §1301.20. Scientific Review Panel.

TRD-200303674

Jim Loyd

Executive Director

Texas Health Care Information Council

Filed: June 16, 2003

Title 25, Part 16

Texas Health Care Information Council (Council) adopts the review of Title 25, Part 16, Chapter 1301, Subchapter B (§§ 1301.31-1301.35), concerning the collection and reporting of health plan employer data and information set (HEDIS) from health maintenance organizations (HMOs), pursuant to Government Code, § 2001.039. Notice of the proposed review was published in the July 20, 2001 issue of the Texas Register (26 TexReg 5450). The Council readopts the sections without amendment.

The Council received comments from United HealthCare of Texas. Commenter requested a revision of § 1301.323b, contending that the requirement of reporting by service area division, as defined in § 1301.32 (10) is financially burdensome, costing $87,000 to $104,000 per service area division. Commenter asserts that the Texas Department of Insurance recognizes commenter as a single entity for quality oversight audit purposes and that premium rates are based on experience (not community) ratings. Comments along the same lines were also received from BlueCross BlueShield of Texas and FIRSTCARE Southwest Texas Health Alliance, but were outside of the comment time period.

The Council agrees that reporting of HEDIS data as required under § 1301.323b is costly. HMOs are required by Health and Safety Code, § 108.009(o), however, to report data by service area. The Council has determined that consumer stakeholders continue to want market-based quality data as defined in 28 TAC, Part 1, Chapter 11 Subchapter A §7.65. Further, reporting in accordance with Texas Department of Insurance requirements for the reporting of financial, enrollment, and utilization data provides consistency and clarity in the State's reporting requirements of HMOs.

The Council has reviewed the rules in Subchapter B and determined that the reasons for their initial adoption continue to exist because the annual reporting of HEDIS data by HMOs is required by Health and Safety Code, § 108.009(o).

This concludes the review of Chapter 1301, Subchapter B. 25 TAC 1301.31. Purpose. 25 TAC 1301.32. Definitions. 25 TAC1301.33. Collection and Reporting of Health Plan Employer Data and Information Set (HEDIS) Data by Health Maintenance Organizations (HMOs). 25 TAC 1301.34. Verification of Data. 25 TAC 1301.35. Civil Penalty.

TRD-200303675

Jim Loyd

Executive Director

Texas Health Care Information Council

Filed: June 16, 2003

Title 31, Part 9

The Texas On-Site Wastewater Treatment Research Council (council) adopts the rules review and readopts 31 TAC Chapter 286, On-Site Wastewater Treatment Research Council, without changes, in accordance with the requirements of Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the March 14, 2003, issue of the Texas Register (28 TexReg 2363).

CHAPTER SUMMARY

Chapter 286 provides for the organization, administration, and general procedures and policies concerning the council's operation. The rules define the organization and administration of the council. The primary purpose of the council is to award competitive grants to enhance the development of on-site wastewater treatment systems through research and technology transfer. These rules provide the criteria for submission of proposals and selection of the grants. The rules also provide the procedures for accepting grants and donations to the council.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The council conducted a review and determined that the reasons for the rules in Chapter 286 continue to exist. The rules are necessary to implement the requirements in Texas Health and Safety Code, Chapter 367, and for the operation of the council. The council currently has five active grant projects and has three grant proposals being considered. Therefore, the rules are necessary to define the grant process.

PUBLIC COMMENT

The public comment period closed on April 14, 2003. No comments were received.

TRD-200303722

Warren Samuelson

Executive Secretary

On-Site Wastewater Treatment Research Council

Filed: June 17, 2003