Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 101.
DENTAL LICENSURE
The Texas State Board of Dental Examiners (Board) proposes amendments
to 22 TAC, Chapter 101, §101.1 and §101.8, the repeal of §§101.2,
101.3, 101.7, and 101.9, and new §§101.2 - 101.5, concerning dental
licensure. The chapter's extensive revisions primarily clarify and standardize
language, and improve organization.
Section 101.1(c)(5) contains new language specifying that an entity designated
by the Board may administer the jurisprudence examination.
Section 101.2, concerning staggered dental registration, is proposed for
repeal. The language of this section has been proposed as new §101.5.
A new §101.2 is proposed to specifically address dental licensure
by examination. The proposed language was taken from what is currently §101.1,
with revisions for clarity and organization. Section 101.2(d) has been added
to that language to specify the regional examining boards designated as acceptable
by the Board, and the effective dates of their acceptance.
Section 101.3, concerning temporary licensure by credentials, is proposed
for repeal. The language of this section has been proposed as new §101.4.
A new §101.3 is proposed to address dental licensure by credentials.
The proposed language was taken from what is currently §101.7, with revisions
for clarity and organization.
A new §101.4 is proposed to address temporary dental licensure by
credentials. The proposed language was taken from what is currently §101.3,
with revisions for clarity and organization.
A new §101.5 is proposed to address staggered dental registrations.
The proposed language was taken from what is currently §101.2, with revisions
for clarity and organization.
Section 101.7, concerning dental licensure by credentials, is proposed
for repeal. The language of this section has been proposed as new §101.3.
Section 101.8(e), which enumerates crimes that are considered to be of
such a serious nature that they relate to fitness to practice dentistry, has
been amended to update the terminology describing certain criminal offenses,
and to add any felony subjecting a defendant to sex offender registration
requirements.
Section 101.9, which concerns the collection of dental profile data, is
proposed for repeal because the collection of that data is managed by the
Texas On-Line Authority, and no longer rests with the Texas State Board of
Dental Examiners.
Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five year period the amendments
and new sections are in effect, there will be no fiscal implications for local
or state government as a result of enforcing or administering the sections
as proposed. The public benefit anticipated as a result of enforcing or administering
the amendments and new sections will be negligible. There will be no effect
on large, small or micro-businesses. There is no anticipated economic cost
to persons as a result of enforcing or administering the sections as proposed,
and there is no impact on local employment.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that the proposal is published in the
Texas Register
.
22 TAC §§101.1 - 101.5, 101.8
The amendments and new sections are proposed under Texas Government
Code §2001.021 et seq; Texas Civil Statutes, the Occupations Code §254.001,
which provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties.
The proposed amendments and new sections affect Title 3, Subtitle D of
the Occupations Code and Title 22, Texas Administrative Code, Chapter 101
- 125.
§101.1. General Qualifications For Licensure [
[(a)
General Qualifications.]
(a)
[
(b)
Any applicant for licensure under this
chapter must meet the requirements of this section.
(c)
[
(1)
[
[(B)
Is of good moral character.]
(2)
[
[
(ii)
Information
concerning an applicant's background included in the application form will
be the primary source for such proof. The Board may request additional information.]
[(C)
Has taken and passed the examination for dentists in its
entirety given by the American Dental Association Joint Commission on National
Dental Examinations;]
(3)
[
(4)
[
(5)
[
[(b)
Graduates of accredited schools.]
[(1)
Graduates of accredited schools must present proof that
applicant:]
[(A)
Has graduated from a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association. The term graduated
shall be defined as having been awarded either the "DDS" or "DMD" degree from
a school accredited by the Commission on Dental Accreditation of the American
Dental Association.]
[(B)
Has taken and passed in its entirety the appropriate general
dentistry clinical examination administered by a regional examining board
designated by the State Board of Dental Examiners.]
[(2)
Graduates of accredited schools must meet all the criteria
set forth in subsection (a) of this title.]
[(c)
Graduates of non-accredited schools.]
[(1)
Graduates of non-accredited schools must present proof
that applicant:]
[(A)
Has graduated from a dental school that is not accredited
by the Commission on Dental Accreditation of the American Dental Association
and has successfully completed training in an American Dental Association
approved specialty in an education program that is accredited by the Commission
on Dental Accreditation and that consists of a least two years of training
as specified by the Council on Dental Education;]
[(B)
Has taken and passed in its entirety the appropriate general
dentistry clinical examination administered by a regional examining board
designated by the State Board of Dental Examiners. Many regional testing boards
require prior written approval by the participating member state in order
for graduates of non-accredited schools to be tested. Prior to submitting
an application for regional examination, graduates of non-accredited schools
must obtain such permission from the State Board of Dental Examiners.]
[(2)
Graduates of non-accredited schools must meet all the
criteria set forth in subsection (a) of this title.]
[(d)
Licensure by specialty examination.]
[(1)
Applicants for licensure by specialty examination must
present proof that applicant has either:]
[(A)
successfully completed training in an American Dental
Association approved specialty in an education program that is accredited
by the Commission on Dental Accreditation of the American Dental Association;
or]
[(B)
has been certified by an American Dental Association approved
specialty board that the applicant is or, at any time, was recognized as "Board
Eligible."]
[(2)
Is currently licensed as a dentist in good standing in
another state, the District of Columbia, or a territory of the United States
provided that such licensure followed successful completion of a general dentistry
clinical examination administered by another state or regional testing service.]
[(3)
Has taken and passed a specialty examination administered
by a regional examining board designated by the State Board of Dental Examiners.
Many regional testing boards require prior written approval by the participating
member state in order for graduates of non-accredited schools to be tested.
Prior to submitting an application for regional examination, graduates of
non-accredited schools must obtain such permission from the State Board of
Dental Examiners.]
[(4)
Applicants for specialty examination must meet all the
criteria set forth in subsection (a) of this section.]
(d)
[
(e)
[
(f)
[
§101.2.Licensure by Examination.
(a)
In addition to the general qualifications for licensure
contained in §101.1 of this chapter, an applicant for licensure by examination
who is a graduate of an accredited school must present proof that the applicant:
(1)
Has graduated and received either the "DDS" or "DMD" degree
from a dental school accredited by the Commission on Dental Accreditation
of the American Dental Association;
(2)
Has taken and passed the examination for dentists in its
entirety given by the American Dental Association Joint Commission on National
Dental Examinations; and,
(3)
Has taken and passed in its entirety the appropriate general
dentistry clinical examination administered by a regional examining board
designated by the Board.
(b)
In addition to the general qualifications for licensure
contained in §101.1 of this chapter, an applicant for licensure by examination
who is a graduate of a non-accredited school must present proof that the applicant:
(1)
Has graduated from a dental school that is not accredited
by the Commission on Dental Accreditation of the American Dental Association;
(2)
Has successfully completed training in an American Dental
Association-approved specialty in an education program that is accredited
by the Commission on Dental Accreditation and that consists of at least two
years of training as specified by the Council on Dental Education;
(3)
Has taken and passed the examination for dentists in its
entirety given by the American Dental Association Joint Commission on National
Dental Examinations; and,
(4)
Has taken and passed in its entirety the appropriate general
dentistry clinical examination administered by a regional examining board
designated by the Board. Many regional testing boards require prior written
approval by the participating member state in order for graduates of non-accredited
schools to be tested. Prior to submitting an application for regional examination,
graduates of non-accredited schools must obtain such permission from the Board.
(c)
Licensure by specialty examination. Applicants for licensure
by specialty examination must present proof that the applicant:
(1)
Is currently licensed as a dentist in good standing in
another state, the District of Columbia, or a territory of the United States,
provided that such licensure followed successful completion of a general dentistry
clinical examination administered by another state or regional testing service;
(2)
Has taken and passed a specialty examination administered
by a regional examining board designated by the Board. Many regional examining
boards require prior written approval by the participating member state in
order for graduates of non-accredited schools to be tested. Prior to submitting
an application for regional examination, graduates of non-accredited schools
must obtain such permission from the Board; and,
(3)
Has either:
(A)
successfully completed training in an American Dental Association-approved
specialty in an education program that is accredited by the Commission on
Dental Accreditation of the American Dental Association; or
(B)
been currently or previously certified as "Board Eligible"
by an American Dental Association-approved specialty board.
(d)
Designated regional examining boards.
(1)
The following regional examining boards have been designated
as acceptable by the Board as of the effective dates shown:
(A)
Western Regional Examining Board, January 1, 1994;
(B)
Central Regional Dental Testing Service, January 1, 2002;
(C)
Northeast Regional Board, January 1, 2005;
(D)
Southern Regional Testing Agency, January 1, 2005; and,
(2)
Examination results will be accepted for five years from
the date of the examination.
(3)
Only results from examinations taken after the indicated
acceptance date will be accepted.
§101.3.Licensure by Credentials.
(a)
In addition to the general qualifications for licensure
contained in §101.1 of this chapter, an applicant for licensure by credentials
must present proof that the applicant:
(1)
Has graduated from a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association. Dental schools
so accredited are approved by the Board for purposes of licensing their graduates
by credentials;
(2)
Is currently licensed in good standing in another state,
the District of Columbia, or a territory of the United States that has licensing
requirements that are substantially equivalent to the requirements of the
Texas Dental Practice Act;
(3)
Has practiced dentistry:
(A)
For a minimum of three years out of the five years immediately
preceding application to the Board; or
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum of five years immediately preceding application
to the Board;
(4)
Is endorsed by the state board of dentistry that has jurisdiction
over the applicant's current practice. Such endorsement is established by
providing a copy under seal of the entity with jurisdiction over the applicant's
current license and by a certified statement that the applicant has current
good standing in said jurisdiction;
(5)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which the applicant is or has been licensed;
(6)
Has passed a national written examination relating to dentistry
as certified by the American Dental Association Joint Commission on National
Dental Examinations, or another examination approved by the Board;
(7)
Has passed a state or regional general dentistry clinical
examination;
(8)
Has successfully passed background checks for criminal
or fraudulent activities, to include information from: the National Practitioner
Data Bank, the Healthcare Integrity and Protection Data Bank and/or the AADE
Clearinghouse for Disciplinary Action. For applications filed after August
31, 2002, an applicant shall make application with the Professional Background
Information Services (PBIS), requesting Level II verification, paying the
required fees, and requesting verification be sent to the Board for determination
of successful background verification;
(9)
Shows proof of current CPR certification as required by
the Texas Dental Practice Act, Chapter 256, §256.011; and,
(10)
Submits proof of completion of 12 hours of continuing
education taken within the 12 months preceding the date the licensure application
is received by the Board. All hours shall be taken in accordance with the
provisions as cited in §104.1(5), (6) and (7) of this title (relating
to Requirements) and §104.2 of this title (relating to Providers).
(b)
Practice experience described in subsection (a)(3) of this
section must be subsequent to applicant having graduated from a dental school
accredited by the Commission on Dental Accreditation of the American Dental
Association.
(c)
Each candidate for licensure by credentials must submit
to the Board the required documents and information prescribed in this rule
and other documents or information that may be requested to enable the Board
to evaluate an application and take appropriate actions.
§101.4.Temporary Licensure by Credentials.
(a)
In addition to the general qualifications for licensure
contained in §101.1 of this chapter, an applicant for temporary licensure
by credentials must present proof that the applicant:
(1)
Has graduated from a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association;
(2)
Has taken and passed the examination for dentists in its
entirety given by the American Dental Association Joint Commission on National
Dental Examinations;
(3)
Is currently licensed in good standing in another state,
the District of Columbia, or territory of the United States that has licensing
requirements that are substantially equivalent to the requirements of the
Texas Dental Practice Act;
(4)
Is endorsed by the state board of dentistry that has jurisdiction
over the applicant's current practice. Such endorsement is established by
providing a copy under seal of the entity with jurisdiction over the applicant's
current license, and by a certified statement that the applicant has current
good standing in said jurisdiction;
(5)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which the applicant is or has been licensed;
(6)
Has passed a national written examination relating to dentistry
as certified by the American Dental Association Joint Commission on National
Dental Examinations, or another examination approved by the Board;
(7)
Has passed a state or regional general dentistry clinical
examination;
(8)
Has successfully passed background checks for criminal
or fraudulent activities, to include information from the National Practitioner
Data Bank, the Healthcare Integrity and Protection Data Bank and/or the AADE
Clearinghouse for Disciplinary Action;
(9)
Submits documentation that applicant is currently employed
by a nonprofit corporation that is organized under the Texas Non Profit Corporation
Act, and that accepts Medicaid reimbursement;
(10)
Shows proof of current CPR certification as required by
the Texas Dental Practice Act, Chapter 256, §256.101; and,
(11)
Submits proof of completion of 12 hours of continuing
education taken within the 12 months preceding the date the licensure application
is received by the Board. All hours shall be taken in accordance with the
provisions as cited in §104.1(5), (6) and (7) of this title (relating
to Requirements) and §104.2 of this title (relating to Providers).
(b)
A license granted under this section is valid only for
practice as an employee of the non-profit corporation named on the application.
(c)
A dentist holding a temporary license issued under this
section may renew the license by submitting an annual application and paying
all required fees.
(d)
A dentist holding a temporary license may obtain a license
under the provision of §101.3 of this chapter (relating to Licensure
by Credentials) when the dentist meets the practice requirements set forth
in that section, by requesting in writing that the Board issue such license
and by paying a fee equal to the difference between the application fee charged
under §101.3 of this chapter and the application fee charged under this
section.
§101.5.Staggered Dental Registrations.
(a)
The State Board of Dental Examiners (Board), pursuant to
the Occupations Code, Chapter 257, §257.001, Texas Civil Statutes has
established a staggered license registration system comprised of initial dental
license registration periods followed by annual registrations (i.e., renewals).
(b)
The initial, staggered dental license registration periods
will range from 6 months to 17 months. Each dentist for whom an initial dental
license registration is issued will be assigned a computer-generated check
digit. The length of the initial license registration period will be according
to the assigned check digit as follows:
(1)
a dentist assigned to check digit 1 will be registered
for 6 months;
(2)
a dentist assigned to check digit 2 will be registered
for 7 months;
(3)
a dentist assigned to check digit 3 will be registered
for 8 months;
(4)
a dentist assigned to check digit 4 will be registered
for 9 months;
(5)
a dentist assigned to check digit 5 will be registered
for 11 months;
(6)
a dentist assigned to check digit 6 will be registered
for 12 months;
(7)
a dentist assigned to check digit 7 will be registered
for 13 months;
(8)
a dentist assigned to check digit 8 will be registered
for 14 months;
(9)
a dentist assigned to check digit 9 will be registered
for 15 months; and
(10)
a dentist assigned to check digit 10 will be registered
for 17 months.
(11)
Initial dental license registration fees will be prorated
according to the number of months in the initial registration period.
(c)
Subsequent to the initial registration period, a licensee's
annual registration (renewal) will occur on the first day of the month that
follows the last month of the licensee's initial dental license registration
period.
(d)
Approximately 60 days prior to the expiration date of the
initial dental license registration period, a license renewal notice will
be mailed to all dental licensees who have that expiration date.
(e)
A license registration expired for one year or more may
not be renewed.
§101.8.Persons with Criminal Backgrounds.
(a)
The purpose of this
section
[
(b)
The State Board of Dental Examiners
(Board)
[
(c)
No person currently serving in prison for conviction of
a felony under any state or federal law is eligible to obtain a license to
practice dentistry or dental hygiene.
The felony
[
(d)
In determining whether a criminal conviction directly relates
to the practice of dentistry or dental hygiene, the
Board
[
(e)
Those crimes which the board considers to be of such serious
nature that they relate to fitness to practice a profession, or as directly
related to the practice of dentistry or dental hygiene include, but are not
limited to:
(1)
any felony of which fraud, dishonesty, or deceit is an
essential element;
(2)
any criminal violation of the Dental Practice Act or other
statutes regulating or pertaining to the professions of dentistry or dental
hygiene;
(3)
any criminal violation of statutes regulating other professions
in the healing arts;
(4)
homicide
[
(5)
burglary;
(6)
robbery;
(7)
sexual assault
[
(8)
felony theft;
(9)
any sexual offense against a child
[
(10)
felony driving while intoxicated
; and,
[
(11)
any felony subjecting a defendant to
the sex offender registration requirements under Chapter 62 of the Code of
Criminal Procedure.
(f)
The
Board
[
(g)
It shall be the responsibility of the applicant
or
licensee
to secure and provide to the board the recommendations [
(h)
The applicant
or licensee
shall also furnish
proof in such form as may be required by the board that he or she has maintained
a record of steady employment, has supported his or her dependents, has otherwise
maintained a record of good conduct, and has paid all outstanding court costs,
supervision fees, fines, and restitution as may have been ordered in all criminal
cases in which
the applicant or licensee
[
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 March 1, 2004.
TRD-200401655
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-0972
22 TAC §§101.2, 101.3, 101.7, 101.9
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Government Code §2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The proposed repeals affect Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 101 - 125.
§101.2.Staggered Dental Registrations.
§101.3.Temporary License by Credentials, Dentists.
§101.7.Licensure by Credentials--Dentists.
§101.9.Dental Profiles.
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 February 24, 2004.
TRD-200401363
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-0972
The Texas State Board of Dental Examiners (Board) proposes amendments
to 22 TAC, Chapter 103, §103.1, the repeal of §§103.2, 103.4,
and 103.5, and new §§103.2 - 103.5, concerning dental hygienist
licensure. The chapter's extensive revisions primarily clarify and standardize
language, and improve organization.
Section 103.1(b)(7), requiring that applicants have taken and passed a
regional clinical examination, has been removed because it applied specifically
to dental hygienist licensure by examination, and was not a "general qualification."
Section 103.1(c)(6) contains new language specifying that an entity designated
by the Board may administer the jurisprudence examination. Section 103.1(g)
has been added to specify the regional examining boards designated as acceptable
by the Board, and the effective dates of their acceptance.
Section 103.2, concerning dental hygienist licensure by credentials, is
proposed for repeal. The language of this section has been proposed as new §103.3.
A new §103.2 is proposed to specifically address dental hygienist
licensure by examination. The proposed language was taken from what is currently §103.1(b)(7),
with revisions for clarity and organization.
A new §103.3 is proposed to address dental hygienist licensure by
credentials. The proposed language was taken from what is currently §103.2,
with revisions for clarity and organization.
Section 103.4, concerning staggered dental hygiene registrations, is proposed
for repeal. The language of this section has been proposed as new §103.5.
A new §103.4 is proposed to address temporary dental hygienist licensure
by credentials. The proposed language was taken from what is currently §103.5,
with revisions for clarity and organization.
Section 103.5, concerning temporary dental hygienist licensure by credentials,
is proposed for repeal. The language of this section has been proposed as
new §103.4.
A new §103.5 is proposed to address staggered dental hygienist registrations.
The proposed language was taken from what is currently §103.4, with revisions
for clarity and organization.
Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five year period the amendments
and new sections are in effect, there will be no fiscal implications for local
or state government as a result of enforcing or administering the sections
as proposed. The public benefit anticipated as a result of enforcing or administering
the amendments and new sections will be negligible. There will be no effect
on large, small or micro-businesses. There is no anticipated economic cost
to persons as a result of enforcing or administering the sections as proposed,
and there is no impact on local employment.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that the proposal is published in the
Texas Register
.
22 TAC §§103.1 - 103.5
The amendments and new sections are proposed under Texas Government
Code §2001.021 et seq; Texas Civil Statutes, the Occupations Code §254.001,
which provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties.
The proposed amendments and new sections affect Title 3, Subtitle D of
the Occupations Code and Title 22, Texas Administrative Code, Chapter 101
- 125.
§103.1.General Qualifications for Licensure .
(a)
Any person desiring to practice dental hygiene in the State
of Texas must possess a license issued by the Texas State Board of Dental
Examiners
(Board)
as required by law.
(b)
Any applicant for licensure under this
chapter must meet the requirements of this section.
(c)
[
(1)
Is at least 18 years of age
;
[
(2)
Has graduated from an accredited high school or holds a
certificate of high school equivalency, General Equivalency Diploma (GED)
;
[
(3)
Has graduated from a recognized dental school or college
of dentistry accredited by the Commission on Dental Accreditation of the American
Dental Association and approved by the
Board
[
(4)
Has taken and passed the examination for dental hygienists
in its entirety given by the American Dental Association Joint Commission
on National Dental Examinations
;
[
(5)
Has successfully completed a current course in basic life
support
;
[
(6)
Has taken and passed the jurisprudence examination administered
by the
Board or an entity designated by the Board
[
[(7)
Has taken and passed in its entirety
the appropriate clinical examination administered by a regional examining
board designated by the State Board of Dental Examiners; and]
(7)
[
(d)
[
(e)
[
(f)
[
(g)
Designated regional examining boards.
(1)
The following regional examining boards have been designated
as acceptable by the State Board of Dental Examiners as of the effective dates
shown:
(A)
Western Regional Examining Board, January 1, 1994;
(B)
Central Regional Dental Testing Service, January 1, 2002;
(C)
Northeast Regional Board, January 1, 2005;
(D)
Southern Regional Testing Agency, January 1, 2005; and,
(2)
Examination results will be accepted for five years from
the date of the examination.
(3)
Only results from examinations taken after the indicated
acceptance date will be accepted.
§103.2.Licensure by Examination.
In addition to the general qualifications for licensure contained in §103.1
of this chapter, an applicant for dental hygienist licensure by examination
must present proof that the applicant has taken and passed in its entirety
the appropriate clinical examination administered by a regional examining
board designated by the Board.
§103.3.Licensure by Credentials.
(a)
In addition to the general qualifications for licensure
contained in §103.1 of this chapter, an applicant for dental hygienist
licensure by credentials must present proof that the applicant:
(1)
Has graduated from a dental hygiene school accredited by
the Commission on Dental Accreditation of the American Dental Association.
Dental Hygiene schools so accredited are approved by the Board for purposes
of licensing their graduates by credentials;
(2)
Is currently licensed in good standing in another state,
the District of Columbia, or territory of the United States that has licensing
requirements that are substantially equivalent to requirements of the Texas
Dental Practice Act;
(3)
Has practiced dental hygiene:
(A)
For a minimum of three years out of the five years immediately
preceding application to the Board; or
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum of five years immediately preceding application
to the Board;
(4)
Is endorsed by the state board of dentistry that has jurisdiction
over the applicant's current practice. Such endorsement is established by
providing a copy under seal of the entity with jurisdiction over the applicant's
current license, and by a certified statement that the applicant has current
good standing in said jurisdiction;
(5)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which the applicant is or has been licensed;
(6)
Has passed a national written examination relating to dental
hygiene as certified by the American Dental Association Joint Commission on
National Dental Examinations or another examination approved by the Board;
(7)
Has passed a state or regional dental hygiene clinical
examination;
(8)
Is reputable, as demonstrated by at least two notarized
letters of character reference;
(9)
Shows proof of current CPR certification as required by
the Texas Dental Practice Act, Chapter 256, §256.011; and,
(10)
Submits proof of completion of 12 hours of continuing
education taken within the twelve months preceding the date the licensure
application is received by the Board. All hours shall be taken in accordance
with the provisions as cited in §104.1(5), (6) and (7) of this title
(relating to Requirements) and §104.2 of this title (relating to Providers).
(b)
Every applicant shall make application with the Professional
Background Information Services (PBIS), paying the required fees, and requesting
that a Level II verification be sent to the Board.
(c)
Practice experience described in subsection (a)(3) of this
section must be subsequent to applicant having graduated from a dental hygiene
school accredited by the Commission on Dental Accreditation of the American
Dental Association.
(d)
Each candidate for licensure by credentials must submit
to the Board the required documents and information prescribed in this rule
and other documents or information that may be requested to enable the Board
to evaluate an application and take appropriate actions.
§103.4.Temporary Licensure by Credentials.
(a)
In addition to the general qualifications for licensure
contained in §103.1 of this chapter, an applicant for temporary dental
hygienist licensure by credentials must present proof that the applicant:
(1)
Has graduated from a dental hygiene school accredited by
the Commission on Dental Accreditation of the American Dental Association;
(2)
Is currently licensed in good standing in another state,
the District of Columbia, or territory of the United States that has licensing
requirements that are substantially equivalent to the requirements of the
Texas Dental Practice Act;
(3)
Is endorsed by the state board of dentistry that has jurisdiction
over the current practice. Such endorsement is established by providing a
copy under seal of the entity with jurisdiction over the applicant's current
license, and by a certified statement that the applicant has current good
standing in said jurisdiction;
(4)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which the applicant is or has been licensed;
(5)
Has passed a national written examination relating to dental
hygiene as certified by the American Dental Association Joint Commission on
National Dental Examinations or another examination approved by the Board;
(6)
Has passed a state or regional dental hygiene clinical
examination;
(7)
Is reputable, as demonstrated by at least two letters of
character reference on which signatures have been notarized;
(8)
Submits documentation that applicant is currently employed
by a corporation that is organized under the Texas Non Profit Corporation
Act, and that accepts Medicaid reimbursement;
(9)
Shows proof of current CPR certification as required by
the Texas Dental Practice Act, Chapter 256, §256.101; and,
(10)
Submits proof of completion of 12 hours of continuing
education taken within the 12 months preceding the date the licensure application
is received by the Board. All hours shall be taken in accordance with the
provisions as cited in §104.1(5), (6) and (7) of this title (relating
to Requirements) and §104.2 of this title (relating to Providers).
(b)
A license granted under this section is valid only for
practice as an employee of the non-profit corporation named on the application.
(c)
A dental hygienist holding a temporary license issued under
this section may renew the license by submitting an annual renewal application
and paying all required fees.
(d)
A dental hygienist holding a temporary license may obtain
a license under the provisions of §103.3 of this chapter (relating to
Licensure by Credentials) when the dental hygienist meets the practice requirements
set forth in that section, by requesting in writing that the Board issue such
license and by paying a fee equal to the difference between the application
fee charged under §103.3 of this chapter and the application fee charged
under this section.
§103.5.Staggered Dental Hygiene Registrations.
(a)
The State Board of Dental Examiners, pursuant to Occupations
Code, Chapter 257, §257.001, Texas Civil Statutes has established a staggered
license registration system comprised of initial dental hygiene license registration
periods followed by annual registrations (i.e., renewals).
(b)
The initial dental hygiene license registration periods
will range from 6 months to 17 months. Each dental hygienist for whom an initial
dental hygiene license registration is issued will be assigned a computer
generated check digit. The length of the initial license registration period
will be determined on the basis of the assigned check digit as follows:
(1)
A dental hygienist assigned to check digit 1 will be registered
for 6 months;
(2)
A dental hygienist assigned to check digit 2 will be registered
for 7 months;
(3)
A dental hygienist assigned to check digit 3 will be registered
for 8 months;
(4)
A dental hygienist assigned to check digit 4 will be registered
for 9 months;
(5)
A dental hygienist assigned to check digit 5 will be registered
for 11 months;
(6)
A dental hygienist assigned to check digit 6 will be registered
for 12 months;
(7)
A dental hygienist assigned to check digit 7 will be registered
for 13 months;
(8)
A dental hygienist assigned to check digit 8 will be registered
for 14 months;
(9)
A dental hygienist assigned to check digit 9 will be registered
for 15 months; and
(10)
A dental hygienist assigned to check digit 10 will be
registered for 17 months.
(c)
Initial dental hygiene license registration fees will be
prorated according to the number of months in the initial registration period.
(d)
Subsequent to the initial registration period, a licensee's
annual registration (renewal) will occur on the first day of the month that
follows the last month of licensee's initial dental hygiene license registration
period.
(e)
Approximately 60 days prior to the expiration date of the
initial dental hygiene license registration period, a license renewal notice
will be mailed to all dental hygiene licensees who have that expiration date.
(f)
A license registration expired for one year or more may
not be renewed.
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 February 24, 2004.
TRD-200401368
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-0972
22 TAC §§103.2, 103.4, 103.5
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Government Code §2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The proposed repeals affect Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 101 - 125.
§103.2.Licensure by Credentials, Dental Hygienists.
§103.4.Staggered Dental Hygiene Registrations.
§103.5.Temporary Licensure by Credentials, Dental Hygienists.
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 February 24, 2004.
TRD-200401366
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-0972
The Texas State Board of Dental Examiners (Board) proposes the repeal
of 22 TAC, Chapter 116, §§116.1 - 116.5, 116.11 and 116.20 - 116.25,
and proposes new §§116.1 - 116.6 and §116.20, concerning dental
laboratories. The only substantive changes are in response to the requirements
of Senate Bill 1571, §4, 78th Legislature. The proposed repeals and new
sections improve the chapter's clarity, consistency, and organization.
Section 116.1, defining the term "dental student," is proposed for repeal.
The definition is now incorporated into proposed new §116.1.
Section 116.2, defining the term "dental technician," is proposed for repeal.
The definition is now incorporated into proposed new §116.1.
Section 116.3, concerning dental laboratory requirements, is proposed for
repeal. The provisions of this section regarding operational requirements
have been incorporated into proposed new §116.4 ("Requirements"), and
provisions regarding registration, renewal, and reporting requirements have
been incorporated into proposed new §116.3 ("Registration and Renewal").
Section 116.4, concerning continuing education requirements, is proposed
for repeal. The provisions of this section have been incorporated into proposed
new §116.6 ("Continuing Education").
Section 116.5, concerning the "grandfathering" exemption from the requirement
that a dental laboratory employ one certified dental technician, is proposed
for repeal. The provisions of this section have been incorporated into proposed
new §116.5 ("Certified Dental Technician Required").
Section 116.20, concerning definitions, is proposed for repeal. The provisions
of this section have been incorporated into proposed new §116.1 ("Definitions").
Section 116.21, defining the term "dental laboratory", is proposed for
repeal. The definition is now incorporated into proposed new §116.1.
Section 116.22, defining the term "in-house dental laboratory" for purposes
of exemption from the requirements of Chapter 116, is proposed for repeal.
The definition is no longer required, as its terms are now incorporated into
proposed new §116.2 ("Exemptions").
Section 116.23, defining the term "commercial dental laboratory" for purposes
of distinguishing some laboratories from those exempt from the requirements
of Chapter 116, is proposed for repeal. The definition is no longer required,
due to the revised language defining "dental laboratory" in proposed new §116.1,
and the language of proposed new §116.2 ("Exemptions").
Section 116.24, concerning application for registration of a dental laboratory,
is proposed for repeal. The provisions of this section are now contained in
proposed new §116.3 ("Registration and Renewal").
Section 116.25, concerning parties responsible for the operation of a dental
laboratory, is proposed for repeal. The provisions of this section are proposed
as new §116.20 ("Responsibility").
New §116.1 is proposed to define certain terms used in Chapter 116.
The proposed language was taken from other sections in Chapter 116, with revisions
for clarity and organization.
New §116.2 is proposed to define exemptions from the requirements
of Chapter 116. The proposed language was taken from other sections in Chapter
116, with revisions for clarity and organization. Subsection (c) adds language
required by Senate Bill 1571, exempting from the requirements of Chapter 116
certain manufacturers of materials or component parts used in fabricating
dental appliances.
New §116.3 is proposed to consolidate the dental laboratory registration
and renewal requirements. The proposed language was taken from other sections
in Chapter 116, with revisions for clarity and organization.
New §116.4 is proposed to consolidate dental laboratory operational
requirements. The proposed language was taken from §116.3, with revisions
for clarity and organization.
New §116.5 is proposed to address the requirement that a dental laboratory
employ a certified dental technician. The proposed language was taken from §116.3
and §116.5, with revisions for clarity and organization.
New §116.6 is proposed to address dental laboratory continuing education
requirements. The proposed language was taken from §116.4, with revisions
for clarity and organization. The word "nationally" in reference to "recognized
board of certification" in subsections (a) and (d) have been removed, pursuant
to the requirements of Senate Bill 1571.
New §116.20 is proposed, regarding responsibility for the registration
and operation of dental laboratories. The proposed language was relocated
verbatim from §116.25.
Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five year period the sections
are in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the sections as proposed. The public
benefit anticipated as a result of enforcing or administering the sections
will be negligible. There will be no effect on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the sections, and there is no impact on local employment.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that the proposal is published in the
Texas Register
.
22 TAC §§116.1 - 116.5, 116.11, 116.20 - 116.25
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Government Code §2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The proposed repeal affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 101 - 125.
§116.1.Dental Student.
§116.2.Dental Technician.
§116.3.Requirements.
§116.4.Continuing Education.
§116.5.Exemption.
§116.11.Prosthetic Identification.
§116.20.Definitions.
§116.21.Dental Laboratory.
§116.22.In House Dental Laboratory.
§116.23.Commercial Dental Laboratory.
§116.24.Registration Application.
§116.25.Responsibility.
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 February 25, 2004.
TRD-200401415
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-0972
22 TAC §§116.1 - 116.6, 116.20
The new sections are proposed under Texas Government Code §2001.021
et seq., Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties; and Senate Bill 1571, §4, 78th Legislature, 2003,
as previously discussed.
The proposed new sections affect Title 3, Subtitle D of the Occupations
Code and Title 22, Texas Administrative Code, Chapter 101 - 125.
§116.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Dental laboratory--Any place where a person performs, offers
to perform or undertakes to perform any act or service listed in Occupations
Code, §266.001, subject to the exemptions listed in §116.2 of this
chapter.
(2)
Dental student--A person enrolled as a full-time student
in an accredited dental school.
(3)
Dental technician--A person who performs the services as
set out in Occupations Code, §266.001 including, but not limited to,
a certified dental technician ("CDT") who has a current certificate issued
by a recognized board of certification for dental technology, or its successor.
(4)
Designated CDT of a dental laboratory--The person so designated
on the annual registration form of a CDT laboratory who meets the CDT certification
requirement and minimum employment requirements of these rules.
(5)
Designated employee of a dental laboratory--The person
so designated on the annual registration form of a dental laboratory exempted
under §116.5 of this chapter, who meets the continuing education and
minimum employment requirements of these rules.
§116.2.Exemptions.
This chapter does not apply to:
(1)
a student enrolled in a program of a school of dentistry;
(2)
a licensed dentist engaged in the practice of dentistry
in this state who performs a dental laboratory service for compensation or
an employee of the dentist or of the professional corporation or partnership
in which the dentist is an officer, partner, or employee if the service is
performed:
(A)
for a patient of the dentist or of the professional corporation
or partnership in which the dentist is an officer, partner, or employee; and
(B)
on the premises in which the dentist practices dentistry;
or
(3)
a manufacturer of materials or component parts, used in
the fabrication of a dental prosthetic appliance and for sale or use by a
dental laboratory, that are not directly fitted to a dental model or cast
of the human teeth, gums, jaws, or alveolar process.
§116.3.Registration and Renewal.
(a)
A dental laboratory shall be registered according to the
provisions of Occupations Code, Subchapter D, §§266.151 - 266.154.
(b)
The Dental Laboratory Certification Council (DLCC) shall
review each application for registration or renewal of registration to determine
if the applicant meets the requirements of Occupations Code, Chapter 266.
The DLCC shall provide the Board with a list of applicants who are eligible
for registration with the Board. Applications will be forwarded with a recommendation
to the Board for registration if the requirements of Occupations Code, Chapter
266 and this chapter are met, and the following materials are submitted:
(1)
A complete application or renewal, with all required information;
(2)
proof of compliance with §116.6 of this chapter; and,
(3)
the appropriate fee.
(c)
It shall be the duty of each laboratory owner to notify
the Board in writing within 60 days of:
(1)
a change in ownership of the laboratory;
(2)
a change in location of the laboratory;
(3)
closure of the laboratory;
(4)
a change of designated CDT, in which case the notice must
be accompanied by proof of current CDT certification for the replacement CDT;
or,
(5)
a change of designated employee, if the laboratory is exempted
under §116.5 of this chapter. A change of designated employee will require
proof within six months of the change that the designated employee meets continuing
education requirements.
(d)
Any laboratory owner applying for a new laboratory registration
who has pending fees and/or penalties due from a previous laboratory registration
when such laboratory was closed for non-compliance with subsection (c) of
this section must first remit to the Board any fees and penalties due on that
previous registration before the new registration application will be considered
by the DLCC.
§116.4.Requirements.
(a)
The following procedures, performed in relation to permitted
dental laboratory services described in Occupations Code, §266.001, and
pursuant to a written prescription from a licensed dentist, may be undertaken
by a registered dental laboratory:
(1)
Shade taking. Dental laboratories providing this service
shall institute and maintain infection control procedures for in-laboratory
shade verification to protect the patient and laboratory staff from infectious
contamination. Each laboratory shall:
(A)
Dedicate a specific area of the laboratory for performance
of shade verification procedures.
(B)
Maintain the area used for shade verification in a neat,
clean, and clutter-free state at all times.
(C)
Disinfect areas of patient contact both before and after
each patient.
(D)
Provide a dedicated set of shade guides to be used only
for patient shade verification, and disinfect shade guides before and after
each use.
(E)
Provide a patient hand mirror for extraoral use, and disinfect
the mirror before and after each patient's use.
(F)
Use a disinfecting agent for cleaning shade guides that
are accidentally dropped.
(G)
Require that the technicians taking the shade wear protective
clothing, including gloves.
(2)
Computer imaging pertaining to the oral cavity by a registered
laboratory. Computer imaging may be performed only when authorized by a written
prescription from a licensed dentist. The result should be furnished to that
dentist, accompanied by a disclaimer to the patient that computer imaging
is an artistic interpretation and does not guarantee exact results.
(b)
A dental laboratory shall furnish each licensed dentist
from whom prescriptions are accepted with its permanent registration number
and the expiration date of such registration, and shall maintain for a period
of two years any work orders of any laboratory with which it contracts services.
Each work order shall reflect the Texas registration number and registration
expiration date of the contracted laboratory.
(c)
No work may be outsourced, except to a dental laboratory
registered under this chapter.
(d)
A person owning or operating a laboratory in the State
of Texas must maintain the entire laboratory in a clean and sanitary condition
without any accumulation of trash, debris, or filth, and such premises shall
be maintained in full compliance with all health requirements of the city
or county, or both, in which such a laboratory is located and in conformity
with the health laws of the State of Texas.
§116.5.Certified Dental Technician Required.
(a)
All dental laboratories must have a certified dental technician
employed by and working on the premises of the dental laboratory a minimum
of 30 hours per week.
(b)
A dental laboratory is exempt from subsection (a) of this
section if the laboratory is:
(1)
owned by a licensed dentist engaged in the practice of
dentistry in this state or by a professional corporation or partnership in
which that dentist is an officer, partner, or employee; and
(2)
located on the premises within which the dentist practices
dentistry.
(c)
The exemption under subsection (b) of this section does
not apply to a dental laboratory if the laboratory employs three or more dental
technicians.
(d)
A dental laboratory is exempt from subsection (a) of this
section if:
(1)
the dental laboratory was registered with the Board on
September 1, 1987;
(2)
the dental laboratory's registration has been renewed each
year and all registration fees have been paid;
(3)
the beneficial ownership of at least 51% interest in the
laboratory has not transferred; and
(4)
the owner and/or the designated employee of the dental
laboratory is employed on the premises of the laboratory for at least 30 hours
per week.
§116.6.Continuing Education.
(a)
A dental laboratory renewing a certificate must provide
proof that the designated CDT has met the continuing education requirements
of a recognized board of certification for dental technology, or its successor.
(b)
A dental laboratory that meets the exemption qualifications
in §116.5 of this chapter must provide, in lieu of the requirement of
subsection (a) of this section, proof , that the designated employee has completed
at least 12 hours of continuing education during the preceding 12-month period.
Continuing education hours may only be used for one renewal period.
(c)
Acceptable continuing education shall be comprised of business
management, infection control, and technical competency courses presented
in seminars or clinics as accepted by a recognized organization of dentistry
or dental technology, subject to the following requirements:
(1)
The designated employee must complete at least one course
in infection control annually.
(2)
No more than one course in business management may be applied
toward the annual continuing education requirement.
(3)
Self-study in a course approved by a recognized organization
of dentistry or dental technology may be taken for not more than four hours
of the annual continuing education requirement.
(d)
In lieu of furnishing proof of continuing education as
set forth in subsection (c) of this section, a dental laboratory may furnish
proof that the designated dental technician has a current certification from
a recognized board of certification for dental technology or its successor.
Certification as "retired" does not qualify the technician.
§116.20.Responsibility.
(a)
Each owner and manager named in an application to register
a dental laboratory, irrespective of the person signing the application, is
responsible for the proper registration and operation of the laboratory pursuant
to the Dental Practice Act and these rules.
(b)
For the purposes of this section, "owner" includes a person
who has at least a 20 percent ownership interest in a dental laboratory that
is registered under this chapter or for which an application for registration
has been filed.
(c)
The provisions of Occupations Code, Chapter 266, providing
that persons violating the Dental Practice Act are subject to criminal penalties
and subject to loss of registration or refusal by the board to issue a registration,
apply to the owner and manager of any dental laboratory having or seeking
registration in Texas.
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 February 25, 2004.
TRD-200401416
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 475-0972
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
22 TAC §203.7
The Texas Funeral Service Commission proposes an amendment
to Title 22, Texas Administrative Code, Chapter 203, §203.7 (relating
to Price Disclosures).
The amendment is proposed to clarify that the statement of funeral goods
and services selected must be itemized and list the funeral goods and services
selected by a person and the prices to be paid for each of them, unless there
is a discounted package arrangement that itemizes the discount provided by
the package arrangement.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the amendment is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed rule.
Mr. Robbins further has determined that for each year of the first five-year
period the amended rule is in effect, the public benefit anticipated as a
result of enforcing the rule will be the clarification of the itemization
of the statement of funeral goods and services selected. There will be no
effect on large, small or micro-businesses. The anticipated economic costs
to persons who are required to comply with the section will be no more nor
less than the costs to the individuals before this amendment and there is
no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217
Capitol Station, Austin, Texas 78711-1440, 512-479-5064(fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The amendment is proposed under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§203.7.Price Disclosure.
(a)
(No change.)
(b)
Preventive requirements. To prevent these unfair or deceptive
acts or practices, as well as the unfair or deceptive acts or practices defined
in §203.9(b)(1) of this title (relating to Other required purchases of
funeral goods or funeral services), funeral providers must:
(1) - (4)
(No change.)
(5)
Statement of funeral goods and services selected.
(A)
Give an itemized written statement for retention to each
person who arranges a funeral or other disposition of human remains, at the
conclusion of the discussion of arrangements. The statement must list at least
the following information:
(i)
the funeral goods and funeral services selected by that
person and the prices to be paid for each of them,
unless there is a
discounted package arrangement that itemizes the discount provided by the
package arrangement;
(ii) - (iii)
(No change.)
(B)
(No change.)
(6)
(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 March 1, 2004.
TRD-200401657
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 936-2474
22 TAC §203.17
The Texas Funeral Service Commission proposes an amendment
to Title 22, Texas Administrative Code, Chapter 203, §203.17 (relating
to Clarification of Other Facilities Necessary in a Preparation Room).
The amendment is proposed because existing subsections 203.17(b) and (c)
simply parrot the language of Occupations Code, §651.351(g). The statute
is self-explanatory. The rule is redundant.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the amendment is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed rule.
Mr. Robbins further has determined that for each year of the first five-year
period the amended rule is in effect, the public benefit anticipated as a
result of enforcing the rule will be eliminating redundancy. There will be
no effect on large, small or micro-businesses. The anticipated economic costs
to persons who are required to comply with the section will be no more or
less than the costs to the individuals before this amendment and there is
no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217
Capitol Station, Austin, Texas 78711-1440, 512-479-5064(fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The amendment is proposed under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§203.17.Clarification of Other Facilities Necessary in a Preparation Room.
[
(1)
must be of sufficient size and dimensions to accommodate
an operating table, a sink with water connections, and an instrument table,
cabinet, or shelves:
(A)
the operating table must have a rust proof metal or porcelain
top, with edges raised at least 3/4 inch around the entire table and a drain
opening at the lower end;
(B)
the sink must have hot and cold running water and drain
freely;
(C)
the faucet must be equipped with an aspirator;
(2)
must contain an injection/embalming machine and sufficient
supplies and equipment for normal operations;
(3)
must be clean, sanitary, and not used for other purposes;
(4)
must not have defective construction which permits the
entrance of rodents;
(5)
must not have evidence of infestation of insects or rodents;
(6)
must be private and have no general passageway through
it;
(7)
must be properly ventilated with an exhaust fan that provides
at least five room air exchanges per hour;
(8)
must not have unenclosed or public restroom facilities
located within the room;
(9)
must have walls which run from floor to ceiling and be
covered with tile, or by plaster or sheetrock painted with washable paint;
(10)
must have floors of concrete with a glazed surface, or
tiled in order to provide the greatest sanitary condition possible;
(11)
must have doors, windows, and walls constructed to prevent
odors from entering any other part of the building;
(12)
must have all windows and openings to the outside screened.
[
[
[
[
[
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 March 1, 2004.
TRD-200401656
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 936-2474
22 TAC §203.35
The Texas Funeral Service Commission proposes a new rule
at Title 22, Texas Administrative Code, Chapter 203, §203.35 (relating
to Clarification of Establishment Chapel Requirements). The new rule is proposed
in order to clarify required facilities under Texas Occupations Code, §651.351.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the new rule is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed rule.
Mr. Robbins further has determined that for each year of the first five-year
period the new rule is in effect, the public benefits anticipated as a result
of enforcing the rule will be the clarification of chapel requirements for
funeral establishments. There will be no effect on large, small or micro-businesses.
The anticipated economic costs to persons who are required to comply with
this section will be no more nor less than the costs to the individuals before
this new rule becomes effective and there is no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217
Capitol Station, Austin, Texas 78711-1440, 512-479-5064(fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The new section is proposed under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§203.35.Clarification of Establishment Chapel Requirements.
All funeral establishments must have a chapel in which funeral services
may be conducted. All chapels shall provide, at a minimum:
(1)
seating for ten;
(2)
public access;
(3)
space for the casket; and
(4)
a lectern or a podium.
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 March 1, 2004.
TRD-200401661
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 936-2474
22 TAC §207.1
The Texas Funeral Service Commission proposes a new chapter
at Title 22, Texas Administrative Code, Chapter 207, §207.1 (relating
to Alternative Dispute Resolution Policy and Procedure). The new chapter and
rule is proposed because the 78th Legislature added new section 651.167 directing
the Commission to develop and implement a policy to encourage the use of alternative
dispute resolution procedures for the resolution of internal and external
disputes.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the new rule is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the proposed rule.
Mr. Robbins further has determined that for each year of the first five-year
period the new rule is in effect, the public benefit anticipated as a result
of enforcing the rule will be the implementation of a policy encouraging the
use of alternative dispute resolution procedures for the resolution of internal
and external disputes. There will be no effect on large, small or micro-businesses.
The anticipated economic costs to persons who are required to comply with
this section will be no more nor less than the costs to the individuals before
this new rule becomes effective and there is no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217
Capitol Station, Austin, Texas 78711-1440, 512-479-5064(fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The new section is proposed under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§207.1.Alternative Dispute Resolution Policy and Procedure.
(a)
Policy. It is the Texas Funeral Service Commission policy
to encourage the resolution and early settlement of all contested matters
through voluntary settlement procedures. It is the affirmative responsibility
of each commission employee to effectuate this policy.
(b)
Definitions. The following words and terms, when used in
this chapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
ADR--Alternative Dispute Resolution.
(2)
Alternative dispute resolution director or ADR procedure--A
nojudicial and informally conducted forum for the voluntary settlement of
contested matter through intervention of an impartial third party.
(3)
Alternative dispute resolution director or ADR director--The
director of the agency office empowered by the commission to coordinate and
oversee ADR procedures and mediators.
(4)
Contested matter--A request for an order or other formal
or informal authorization from the commission that is opposed.
(5)
Mediator--The person appointed by the ADR office director
to preside over ADR proceedings regardless of which ADR method is used.
(6)
Parties--The agencies, employees, managers, supervisors
or customers who are in conflict.
(7)
Participants--The executive director, the agency legal,
the complainant, the respondent, the person who timely filed hearing requests
which gave rise to the dispute or if parties have been named, the named parties.
(8)
Private mediator--A person in the profession of mediation
who is not a Texas state employee and who has met all the qualifications prescribed
by Texas law for mediators.
(c)
Referral of Contested Matter for Alternative Dispute Resolution
Procedures. The commission or the ADR director may seek to resolve a contested
matter through any ADR procedure. Such procedures may include, but are not
limited to, those applied to resolve matters pending at the State Office of
Administrative Hearing (SOAH) and in the state's district courts.
(d)
Appointment of Mediator.
(1)
For each matter referred for ADR procedures, the ADR director
shall assign a mediator, unless the participants agree upon the use of a private
mediator. The ADR director may assign a substitute or additional mediator
to a proceeding as the ADR director deems necessary.
(2)
A private mediator may be hired for commission ADR procedures
provided that:
(A)
the participants unanimously agree to use a private mediator;
(B)
the participants unanimously agree to the selection of
the person to serve as the mediator;
(C)
the mediator agrees to be subject to the direction of the
commission's ADR director and to all time limits imposed by the director,
the judge, statute or regulation.
(3)
If a private mediator is used, the costs for the services
of the mediator shall be apportioned equally among the participants, unless
otherwise agreed upon by the participants, and shall be paid directly to the
mediator. In no event, however, shall any such costs be apportioned to a governmental
subdivision or entity that is a statutory party to the hearing.
(4)
All mediators in commission mediation proceedings shall
subscribe to the ethical guidelines for mediators adopted by the ADR Section
of the State Bar of Texas.
(e)
Qualifications of Mediators.
(1)
The commission shall establish a list of mediators to resolve
contested matters through ADR procedures.
(A)
To the extent practicable, each mediator shall receive
40 hours of formal training in ADR procedures through programs approved by
the ADR director.
(B)
Other individuals may serve as mediators on an ad hoc basis
in light of particular skills or experience which will facilitate the resolution
of individual contested matters.
(2)
SOAH mediators, employees of other agencies who are mediators
and private pro bono mediators may be assigned to contested matters as needed.
(A)
Each mediator shall first have received 40 hours of Texas
mediation training as prescribed.
(B)
Each mediator shall have some expertise in the area of
the contested matter.
(C)
If the mediator is a SOAH judge, that person will not also
sit as the judge for the case if the contested matter goes to public hearing.
(f)
Commencement of ADR.
(1)
The commission encourages the resolution of disputes at
any time, whether under this policy and procedure or not. ADR procedures under
this policy may begin, at the discretion of the ADR director, anytime once
deemed administratively complete and at least one letter of appeal has been
filed with commission.
(2)
Upon unanimous motion of the parties and the discretion
of the judge, the provisions of this subsection may apply to contested hearings.
In such cases, it is within the discretion of the judge to continue the hearing
to allow use of the ADR procedures.
(g)
Stipulations. When ADR procedures do not result in the
full settlement of a contested matter, the participants, in conjunction with
the mediator, shall limit the contested issues through the entry of written
stipulations. Such stipulations shall be forwarded or formally presented to
the judge assigned to conduct the hearing on the merits and shall be included
in the hearing record.
(h)
Agreements. Agreements of the participants reached as a
result of ADR must be in writing and are enforceable in the same manner as
any other written contract.
(i)
Confidentiality of Communications in Alternative Dispute
Resolution Procedures.
(1)
Except as provided in paragraphs (3) and (4) of this subsection
a communication relating to the subject matter made by the participant in
an ADR procedure whether before or after the institution of formal proceedings,
is confidential, is not subject to disclosure and may not be used as evidence
in any further proceedings.
(2)
Any notes or record made of an ADR procedure are confidential,
and participants, including the mediator, may not be required to testify in
any proceedings relating to or arising out of the matter in dispute or be
subject to process requiring disclosure of confidential information or data
relating to or arising out of the matter in dispute.
(3)
An oral communication or written material used in or made
a part of and ADR procedure is admissible or discoverable independent of the
procedure.
(4)
If this section conflicts with other legal requirements
for disclosure of communications or materials, the issue of confidentiality
may; be presented to the judge to determine, in camera, whether the facts,
circumstances and context of the communications or materials sought to be
disclosed warrant a protective order or whether the communications or materials
are subject to disclosure.
(5)
The mediator may not, directly or indirectly, communicate
with the judge or any commissioner, of any aspect of ADR negotiations made
confidential by this section.
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 March 1, 2004.
TRD-200401662
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 936-2474
Chapter 279.
INTERPRETATIONS
22 TAC §279.2
The Texas Optometry Board proposes amendments to rule §279.2
to revise those sections of the rule in conflict with recently enacted federal
law, 15 U.S.C. Sections 7601 - 7610 (Public Law 108-164).
Chris Kloeris, executive director of the Texas Optometry Board, has determined
that for the first five-year period the amendments are in effect, there will
be no fiscal implications for state and local governments as a result of enforcing
or administering the amendments.
Chris Kloeris also has determined that for each of the first five years
the amendments are in effect, the public benefit anticipated as a result of
enforcing the amendments is that patients will receive contact lens prescriptions,
and verification information will be provided, pursuant to the requirements
of federal law. Since licensees are required under state law to issue contact
lens prescriptions upon request, including providing a copy of a valid prescription
upon the request of a person designated by the patient, it has been determined
that the amendments do not impose additional costs to the persons (the Board's
licensees) affected by the rule. No additional costs are foreseen for small
or micro business. Comments regarding possible costs for those required to
comply with the amendments may be submitted to the Board. The federal law
preempts those sections of the rule in conflict with the federal law such
that the Board may not enforce any conflicting section.
Comments on the proposal may be submitted to Chris Kloeris, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942.
The deadline for furnishing comments is thirty days after publication in the
The amendment is proposed under the Texas Optometry Act, Texas
Occupations Code, §351.151, and the Contact Lens Prescription Act, Texas
Occupations Code, §353.101, §353.103, §353.152, §353.156
and §353.204, and federal law, 15 U.S.C. Sections 7601 - 7610. No other
sections are affected by these amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §353.101, §353.103, §353.152, §353.156
as setting up a comprehensive scheme to regulate the prescribing and dispensing
of contact lenses, and §353.204 as authorizing the Board to discipline
optometrists and therapeutic optometrists for violations of the Contact Lens
Prescription Act. The Board interprets 15 U.S.C. Sections 7601 - 7610 as requiring
licensees to issue contact lens prescriptions at the completion of a contact
lens exam, and the verification of prescriptions when requested by a dispenser
authorized by the patient to obtain the verification.
§279.2.Contact Lens Prescriptions.
(a)
A prescription for contact lenses is defined as a written
order signed by the examining optometrist, therapeutic optometrist or physician,
or a written order signed by an optometrist, therapeutic optometrist or physician
authorized by the examining doctor to issue the prescription. If the prescription
is signed by a doctor other than the examining optometrist, therapeutic optometrist
or physician, the prescription must contain:
(1)
the name of the examining doctor, and
(2)
the license number of both the examining doctor and the
doctor signing the prescription.
(b)
A contact lens prescription must comply with the requirements
of the Texas Optometry Act, Sections 351.005, 351.356, 351.357, 351.359 and
351.607, and the Contact Lens Prescription Act, Sections 353.152, 353.153
and 353.158
and federal law, 15 U.S.C. Sections 7601 - 7610 (Public Law
108-164)
.
(c)
A fully written contact lens prescription must contain
all information required to accurately dispense the contact lens, including:
(1)
patient's name;
(2)
the name, postal address, telephone number,
and facsimile telephone number of the prescribing optometrist or therapeutic
optometrist;
(3)
the date of examination (not
including date of follow-up examinations);
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(A)
a statement that brand substitution is permitted if the
optometrist intends to authorize a contact lens dispenser to substitute the
brand name, and
(B)
name of manufacturer, trade name of private label
brand, and, if applicable, trade name of equivalent brand name
[
(9)
[
(10)
[
(11)
[
(12)
[
(d)
Regardless of whether the release is requested by
the patient,
[
(e)
An optometrist or therapeutic optometrist
shall
[
(1)
giving or delivering an original signed copy of the prescription
to the patient or to another person
in accordance with subsection (d)
of this section, and
[
(A)
[
(B)
verifying a prescription to
a dispenser designated to act on behalf of the patient, by telephone, facsimile
or electronic mail. The dispenser is required to provide the optometrist or
therapeutic optometrist the following information:
(i)
patient's full name and address;
(ii)
contact lens power, manufacturer, base curve
or appropriate designation, and diameter when appropriate;
(iii)
quantity of lenses ordered;
(iv)
date of patient request;
(v)
date and time of verification request; and
(vi)
name of contact person at dispenser's company,
including facsimile and telephone number.
(2)
if the format of the verification
request allows, the optometrist or therapeutic optometrist shall provide the
contact lens dispenser, when verifying a prescription, all of the information
required under subsection (c) of this section. An optometrist or therapeutic
optometrist who did not perform the examination, may verify a prescription
according to the provisions of subsection (a) of this section, providing to
the dispenser the name and license number of the examining doctor if the format
of the verification request so allows. Each request for a prescription verification
shall be recorded in the patient record, including the name of the dispenser,
date verification requested, number of lenses requested, and response of the
optometrist or therapeutic optometrist.
[
[
(f)
A contact lens dispenser seeking a contact
lens prescription verification, shall not fill the prescription if an optometrist
or therapeutic optometrist informs a dispenser that the contact lens prescription
is inaccurate, expired, or otherwise invalid. The optometrist or therapeutic
optometrist shall specify the basis for the inaccuracy or invalidity of the
prescription. If the prescription communicated by the dispenser to the optometrist
or therapeutic optometrist is inaccurate, the optometrist or therapeutic optometrist
shall correct it. A dispenser may dispense lenses without verification if
an optometrist or therapeutic optometrist fails to communicate with the dispenser
within 8 business hours, or a similar time as defined by the Federal Trade
Commission.
(g)
An optometrist or therapeutic
optometrist dispensing contact lenses shall record on the prescription the
number of lenses dispensed and return the prescription to the person. If all
the contact lenses authorized by the prescription are dispensed by an optometrist
or therapeutic optometrist, the following procedure complies with state and
federal law: the optometrist or therapeutic optometrist writes on the prescription
"All Lenses Dispensed," makes a copy of the prescription to retain in the
licensee's records, and returns the original to the person presenting the
prescription.
(h)
[
(i)
[
(j)
[
(k)
[
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 February 27, 2004.
TRD-200401608
Chris Kloeris
Executive Director
Texas Optometry Board
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 305-8502
Chapter 391.
POLYGRAPH EXAMINER INTERNSHIP
22 TAC §391.1
The Polygraph Examiners Board proposes an amendment to §391.1,
concerning Polygraph Examiner Internship. The section is being amended to
change the legal citation from Texas Civil Statutes, Article 4413(29cc), §6(a)
and (b) to Texas Occupations Code, Chapter 1703.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci 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 up to date rules containing the correct legal citation. There
will be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Texas Occupations Code, Chapter 1703, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations
Code, Chapter 1703.
No other statute, code or article is affected by the amendment.
§391.1.Authority.
The provisions of this chapter pertaining to the internship program
under the Texas Board of Polygraph Examiners as authorized under the Texas
Polygraph Examiners Act, Texas
Occupations Code, §1703.208
[
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 March 1, 2004.
TRD-200401634
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 424-2058
22 TAC §393.1, §393.3
The Polygraph Examiners Board proposes amendments to §393.1
and §393.3, concerning General. The sections are being amended to change
the legal citation from Texas Civil Statutes, Article 4413(29cc), §6(a)
and (b) to Texas Occupations Code, Chapter 1703.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendments will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has 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 rules will be up to date rules containing the correct legal citation.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rules as proposed.
Comments on the amendments may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendments are proposed under the Polygraph Examiners Act,
Texas Occupations Code, Chapter 1703, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations
Code, Chapter 1703.
No other statute, code or article is affected by the amendments.
§393.1.Meetings.
Meetings of the Board of Polygraph Examiners will be conducted in accordance
with
the Texas Open Meetings Act, Texas Government Code Chapter 552
[
§393.3.Board Promulgated Regulations.
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 March 1, 2004.
TRD-200401635
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 424-2058
22 TAC §395.1, §395.13
The Polygraph Examiners Board proposes amendments to §395.1(b)
and §395.13, concerning Code of Operating Procedure of Polygraph Examiners.
The sections are being amended to change the legal citation from Texas Civil
Statutes, Article 4413(29cc), §6(a) and (b) to Texas Occupations Code,
Chapter 1703.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendments will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has 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 rules will be up to date rules containing the correct legal citation.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rules as proposed.
Comments on the amendments may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendments are proposed under the Polygraph Examiners Act,
Texas Occupations Code, Chapter 1703, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations
Code, Chapter 1703.
No other statute, code or article is affected by the amendments.
§395.1.Authority.
(a)
The provisions of this chapter are to establish a minimum
standard for a licensed polygraph examiner to conduct a polygraph examination
on a subject in the state of Texas.
(b)
The following regulations will be in addition to Texas
Occupations Code, Chapter 1703
[
§395.13.Expiration of Licenses.
At the end of the 31st day of December of the current year, every original
and subsequently renewed polygraph examiner's license covered under the Polygraph
Examiners Act (the Act) shall expire. Thereafter, each original and subsequently
renewed polygraph examiner's license shall be issued to cover a period from
January 1, of each calendar year through December 31 of that same calendar
year, dates inclusive. Originally and subsequently renewed licensed examiners
shall be issued a license dated in accordance with
Texas Occupations
Code, §1703.252
[
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 March 1, 2004.
TRD-200401636
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 424-2058
22 TAC §§397.1, 397.2, 397.16
The Polygraph Examiners Board proposes amendments to §§397.1(1)
and (6), 397.2, and 397.16, concerning General Rules of Practice and Procedure.
The sections are being amended to change the legal citation from Texas Civil
Statutes, Article 4413(29cc), §6(a) and (b) to Texas Occupations Code,
Chapter 1703.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendments will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has 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 rules will be up to date rules containing the correct legal citation.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rules as proposed.
Comments on the amendments may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendments are proposed under the Polygraph Examiners Act,
Texas Occupations Code, Chapter 1703, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations
Code, Chapter 1703.
No other statute, code or article is affected by the amendments.
§397.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--Polygraph Examiners Act, Texas
Occupations Code,
Chapter 1703
[
(2)
Administrative hearing--A hearing before an ALJ.
(3)
ALJ--Administrative Law Judge; an individual appointed
by the chief administrative law judge of the State Office of Administrative
Hearings in accordance with Texas Government Code, §2003.041.
(4)
APA--Administrative Procedure Act, Texas Government Code,
Chapter 2001.
(5)
Applicant--A person who seeks to obtain a license from
the board.
(6)
Board--Texas Polygraph Examiners Board; the governmental
body consisting of
seven
[
(7)
Complainant--A person who submits a complaint to the board
alleging violations of the Act or the board's rules, or challenging a determination
of ineligibility for licensure.
(8)
Complaint Officer--Cognizant board member; a board member
assigned to review the documentation in a file for completeness and sufficiency.
(9)
Executive Officer--The administrative head of the board.
(10)
License--The whole or part of any board permit, approval,
or similar form of permission required by law to practice polygraphy.
(11)
Party--Any individual or entity, including an applicant,
respondent, and the board, who has legal standing to participate in a proceeding
governed by these rules.
(12)
Person--Any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character.
(13)
Respondent--Any party against whom a complaint has been
received by the board; any party who challenges in writing a board decision
governed by these rules.
(14)
SOAH--State Office of Administrative Hearings, authorized
by Texas Government Code, Chapter 2003.
§397.2.Applicability of Chapter.
(a)
This chapter provides a procedure by which to obtain a
fair determination of certain regulatory matters within the jurisdiction of
the board. The rules in this chapter govern the institution, conduct, and
determination of all proceedings in which the board proposes to refuse an
application for a license, to suspend a license, or to revoke a license pursuant
to the Act,
§1703.351
[
(b)
The provisions of this chapter should be construed liberally
in order to attain this objective expeditiously and efficiently.
(c)
These rules do not modify or alter the board's jurisdiction,
powers, or authority or the substantive rights of any person. A provision
of this chapter does not apply if it is contrary to or otherwise precluded
by statutory or other controlling law, including but not limited to the APA.
The administrative rules of SOAH, Title 1, TAC, Chapter 155, supplement the
provisions of this chapter to the extent that the SOAH rules are consistent
with the provisions of this chapter.
§397.16.Availability of Administrative Hearing.
(a)
An administrative hearing is available to all parties to
a proceeding in which the board proposes to deny an application for a license,
revoke a license, or suspend a license, pursuant to the Act,
§1703.352
[
(b)
In other types of proceedings, the board may at its discretion
afford an administrative hearing in accordance with these rules.
(c)
If a party wishes to avail itself of a right to an administrative
hearing, it must inform the Executive Officer of that fact in writing. The
board files with SOAH either a Request for a Setting of Hearing or a Request
for Assignment of Administrative Law Judge.
(d)
All parties to an administrative hearing will receive an
opportunity to respond and present evidence and argument on all issues involved.
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 March 1, 2004.
TRD-200401637
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: April 11, 2004
For further information, please call: (512) 424-2058
Chapter 571.
LICENSING
Subchapter A. EXAMINATION
22 TAC §571.3
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §571.3 concerning Eligibility for Examination
and Licensure. This section contains the Board's requirements for persons
seeking a veterinary license in Texas. The amendments reflect changing requirements
for taking the North American Veterinary Licensing Examination (NAVLE). These
requirements are set by the National Board of Veterinary Medical Examiners
(NBVME) and are reflected in this section. The main focus of the amendments
is to clearly distinguish the requirements for taking the NAVLE for persons
enrolled in accredited schools of veterinary medicine as opposed to persons
who are graduates of non-accredited schools of veterinary medicine. These
amendments should eliminate some confusion that has existed for some applicants
for licensing. The amendments also set out the requirements for candidates
who do not appear for scheduled examinations or who fail to attain a passing
grade on the SBE or NAVLE.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to state in a more readable and understandable form the various
requirements for licensure in Texas. These amendments will address licensing
issues in a more efficient way and reduce staff spent on these issues. There
will be no effect on small businesses. There will be no economic cost to persons
required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by May 3, 2004.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Occupations Code, Chapter
801, subchapter F, pertaining to Licensing.
§571.3.Eligibility for Examination and Licensure.
(a) - (b)
(No change.)
(c)
Application for
the SBE
[
(1)
The applicant for
the SBE and/or NAVLE
[
(2)
The completed application [
(A)
45 days prior to the date of the SBE examination for which
the applicant desires to sit; or
(B)
10
[
(d)
Licensing Examination
(1)
Eligibility
(A)
An applicant may sit for the SBE provided that the requirements
of subsection (c) of this section have been met and the applicant is a graduate
of:
(i)
an approved and accredited veterinary medical school or
college, as defined in subsection (b)(1)(C) of this section; or
(ii)
a veterinary medical school or college not approved and
accredited, [
(B)
An applicant may sit for the NAVLE provided that the requirements
of subsection (c) of this section have been met and the applicant is a graduate
of:
(i)
an approved and accredited veterinary medical school or
college, as defined in subsection (b)(1)(C) of this section; or
(ii)
a veterinary medical school or college not approved and
accredited, [
(C)
Prior to sitting for the NAVLE, an applicant who is a graduate
of a veterinary medical school or college not approved and accredited, [
(D)
A person must first take and pass the national examination
or the NAVLE in order to sit for the SBE.
(2)
Eligibility Prior to Graduation.
Except as provided
in (2)(C)(ii) below, an
[
(A)
To sit for the SBE, an applicant must be enrolled in an
approved and accredited veterinary medical school or college as defined in
subsection (b)(1)(C) of this section and must obtain a document from the dean
of the school or college from which the applicant expects to graduate certifying
that the applicant is within 60 days of completion of a veterinary college
program and is expected to graduate.
(B)
An applicant enrolled in a joint or combined degree program
who has completed the applicant's veterinary medical education but has not
received a diploma or transcript certifying award of the applicant's DVM degree,
must obtain a letter from the dean of the school or college of veterinary
medicine stating the applicant did in fact graduate before the applicant is
eligible to sit for the SBE or the NAVLE.
(C)
To sit for the NAVLE, a candidate must, at the time an
application is submitted, demonstrate that the candidate is
:
[
(i)
a student enrolled in an approved and
accredited school or college of veterinary medicine as defined in subsection
(b)(1)(C) of this section, and who has submitted a document from the dean
of the school or college from which the student expects to graduate, certifying
that the applicant is within six months of the student's expected graduation
date and is expected to graduate, and has demonstrated compliance with all
of the NBVME's testing requirements for the NAVLE; or
(ii)
a graduate of a school or college of
veterinary medicine not approved and accredited, who is enrolled in the ECFVG
or PAVE certification program, and has taken all English proficiency tests
required by the applicant's selected program.
(3) - (6)
(No change.)
(7)
Appearance for Examinations
(A)
An applicant for the SBE must submit a new application
and the current fees prior to admission for examination if the applicant:
(i)
does not appear for the scheduled examination; or
(ii)
fails to attain a passing score on the scheduled examination.
(B)
A candidate for the NAVLE must take the examination within
the testing window in which the candidate is authorized for testing.
(i)
A candidate who fails to take the examination within the
appropriate testing window shall forfeit the candidate's fees.
(ii)
A candidate who
fails to take the examination within
the appropriate testing window and
desires to take the examination during
a subsequent testing window must have the candidate's eligibility reconfirmed
by the Board and the candidate must pay new fees.
(iii)
If a candidate fails to attain a passing
score on the NAVLE, the candidate must submit a new application and the current
fees in accordance with this section, except that, if a candidate fails to
pass the fall NAVLE, the Board will consider the candidate approved to retake
the NAVLE during the following spring testing window. In that case, the candidate
must submit a new NAVLE application to the NBVME and pay the NBVME's examination
fee.
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 February 24, 2004.
TRD-200401404
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
Subchapter G. OTHER PROVISIONS
22 TAC §573.67
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §573.67 concerning Temporary License Suspensions.
This amended section sets out procedures that the Board utilizes in temporarily
suspending the license of a veterinarian where the licensee's continued practice
of veterinary medicine constitutes a continuing or imminent threat to the
public welfare. An executive disciplinary committee of the Board is formed
and meets to receive information on the licensee's activities and then determines
whether a temporary license suspension is justified. A follow-up informal
conference is held, after notice to the licensee. The amended section specifies
the actions that the executive disciplinary committee may take following the
informal conference. The section has been completely re-written to specify
the steps and actions that the committee and Board may take in instituting
a temporary license suspension.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to clearly inform the public and licensees of the procedures
that the Board will take in these types of proceedings. There will be no effect
on small businesses. There will be no economic cost to persons required to
comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by May 3, 2004.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Occupations Code, Section
801.409 relating to Temporary License Suspension.
§573.67.Temporary License Suspensions.
(a)
Annually
[
(b)
The EDC shall meet to receive information on a complaint
indicating that a licensee's continued practice of veterinary medicine may
constitute a continuing or imminent threat to the public welfare. At the conclusion
of the meeting, if the EDC concludes that the licensee's continued practice
would constitute a continuing or imminent threat to the public welfare, the
EDC shall suspend the licensee's license for a temporary, stated period of
time.
[
(c)
The EDC may suspend a license
[
(d)
Following the informal conference, the
EC shall take one of the following actions:
(1)
Lift the temporary suspension and reinstate the license
without conditions.
(2)
Negotiate with the licensee an agreed settlement order
that will lift the suspension, continue the suspension, or impose other sanctions
as appropriate. The agreed order would be presented to the next available
Board meeting for adoption.
(3)
Prepare a complaint affidavit setting out the details of
the complaint and recommended sanctions, and forward the complaint affidavit
to the State Office of Administrative Hearings for setting of an administrative
hearing. Following the hearing, the administrative law judge will prepare
a proposal for decision for adoption , in the form of an order, by the Board.
(e)
The EDC and the EC may receive testimony
and evidence in oral or written form. Written statements may be sworn or unsworn.
The committee members may question witnesses at the members' discretion. Evidence
or information that is clearly irrelevant, unreliable, or unduly inflammatory
will not be considered.
[(d)
Docketing of a formal complaint by the
enforcement committee will result in an administrative hearing pursuant to
the APA within 60 days of the date the suspension was ordered. If this hearing
is not held within the 60-day period for any reason other than the licensee's
delay, the suspended license is automatically reinstated. ]
[(e)
Pursuant to the Open Meetings Act, Government
Code, §551.125, the executive disciplinary committee may hold a meeting
by telephone conference call if immediate action is required and the convening
at one location of the executive disciplinary committee is inconvenient for
any member of the executive disciplinary committee.]
[(f)
In the event of the recusal of an executive
disciplinary committee member, or the inability of a panel member to attend
a temporary suspension proceeding, an alternate executive disciplinary committee
member may serve on the panel if previously appointed by the president, acting
president, or presiding officer of the board, and approved by the board.]
[(g)
To the extent practicable, in the discretion
of the chairman or acting chairman of the executive disciplinary committee,
the sequence of events will be as follows:]
[(1)
Call to order;]
[(2)
Roll call;]
[(3)
Calling of the case;]
[(4)
Recusal statement;]
[(5)
Introductions/appearances on the record;]
[(6)
Presentation of the case;]
[(7)
Deliberations;]
[(8)
Announcement of decision; and]
[(9)
Adjournment.]
[(h)
Witnesses may provide sworn statements
in writing or verbally or choose to provide statement which are not sworn
for consideration by the executive disciplinary committee or the enforcement
committee under this rule. However, whether or not a statement is sworn may
be a factor to be considered by the executive disciplinary committee or the
enforcement committee in evaluating the weight to be given to the statement.
Questioning of witnesses by the parties or panel members shall be at the discretion
of the chairman or acting chairman of the executive disciplinary committee,
or the Board secretary at a meeting of the enforcement committee with due
consideration being given to the need to obtain accurate information and prevent
the harassment or undue embarrassment of witnesses.]
[(i)
Presentations by the parties may be based
on evidence or information and shall not be excluded on objection of a party
unless determined by the chairman or acting chairman of the executive disciplinary
committee, or the Board secretary at a meeting of the enforcement committee,
that the evidence or information is clearly irrelevant or unduly inflammatory
in nature; however, objections by a party may be noted for the record.]
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 February 24, 2004.
TRD-200401405
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.12
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.12 concerning Presiding Officer,
Oath, Imposing the Rule. This section was originally written to govern contested
matters before the Board. These types of matters are now heard before the
State Office of Administrative Hearings which has its own rules for conducting
hearings. This section is proposed for repeal because it is no longer necessary
in the conduct of Board business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter. The repeal
affects the Veterinary Licensing Act, Texas Occupations Code, Subchapter D,
relating to Board Powers and Duties.
§575.12. Presiding Officer, Oath, Imposing the Rule.
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 February 24, 2004.
TRD-200401390
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.13
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.13 concerning Reporters and Transcript.
This section was originally written to govern contested matters before the
Board. These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
proposed for repeal because it is no longer necessary in the conduct of Board
business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter. The repeal
affects the Veterinary Licensing Act, Texas Occupations Code, Subchapter D,
relating to Board Powers and Duties.
§575.13.Reporters and Transcript.
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 February 24, 2004.
TRD-200401391
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.14
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.14 concerning Rules of Evidence.
This section was originally written to govern contested matters before the
Board. These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
proposed for repeal because it is no longer necessary in the conduct of Board
business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.14.Rules of Evidence.
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 February 24, 2004.
TRD-200401392
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.15
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.15 concerning Documentary Evidence
and Official Notice. This section was originally written to govern contested
matters before the Board. These types of matters are now heard before the
State Office of Administrative Hearings which has its own rules for conducting
hearings. This section is proposed for repeal because it is no longer necessary
in the conduct of Board business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.15.Documentary Evidence and Official Notice.
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 February 24, 2004.
TRD-200401393
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.16
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.16 concerning Limitations on Number
of Witnesses. This section was originally written to govern contested matters
before the Board. These types of matters are now heard before the State Office
of Administrative Hearings which has its own rules for conducting hearings.
This section is proposed for repeal because it is no longer necessary in the
conduct of Board business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.16.Limitations on Number of Witnesses.
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 February 24, 2004.
TRD-200401394
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.17
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.17 concerning Depositions. This
section was originally written to govern contested matters before the Board.
These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
proposed for repeal because it is no longer necessary in the conduct of Board
business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.17.Depositions.
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 February 24, 2004.
TRD-200401395
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.18
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.18 concerning Administrative Finality.
This section was originally written to govern contested matters before the
Board. These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
proposed for repeal because it is no longer necessary in the conduct of Board
business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.18.Administrative Finality.
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 February 24, 2004.
TRD-200401396
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.19
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.19 concerning Motions for Rehearing.
This repeal is proposed because the subject matter of this section has been
included in a new §575.6 adopted by the Board.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.19.Motions for Rehearing.
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 February 24, 2004.
TRD-200401397
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.20
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.20 concerning Subpoena Fees and
Expenses of Witnesses. This repeal is proposed because the subject matter
of this section has been included in a new §575.5 adopted by the Board.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.20.Subpoena Fees and Expenses of Witnesses.
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 February 24, 2004.
TRD-200401398
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.21
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.21 concerning Administrative Penalties.
This repeal is proposed because the payment of these fees is addressed in
written instructions to persons who have violated the Veterinary Licensing
Act and have been assessed administrative penalties. These payments are handled
on an individual basis and elimination of this section gives the Board more
discretion in dealing with this matter.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate unnecessary rules and
requirements. There will be no effect on small businesses. There will be no
anticipated economic cost to persons affected by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.21.Administrative Penalties.
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 February 24, 2004.
TRD-200401399
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.22
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §575.22 concerning Reinstatement of Veterinary
Licenses. This section contains the requirements for persons who have had
their veterinary licenses revoked or cancelled to request reinstatement of
their licenses. The amendments to the section are non-substantive changes
designed to clarify and make the section more readable. For example, the word
"applicant" is changed to "petitioner" to denote the correct designation for
one who petitions the Board for reinstatement.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to simplify and clarify for the public the Board's requirements
for license reinstatement. There will be no effect on small businesses. There
will be no economic cost to persons required to comply with the amended section
as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by May 3, 2004.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Texas Occupations Code,
subchapter F, which relates to License Requirements.
§575.22.Reinstatement of Veterinary Licenses.
(a)
A person whose license to practice veterinary medicine
has been cancelled or revoked, whether by voluntary action or by disciplinary
action of the Board, may after
five (5)
[
(b)
The petition shall be in writing and in the form prescribed
by the Board.
(c)
The Board may[
(d)
The
petitioner
[
(e)
[
[
(f)
[
(1)
moral character;
(2)
employment history;
(3)
status of
financial support to his [
(4)
participation in continuing education programs or other
methods of staying current with the practice of veterinary medicine;
(5)
criminal history record, including felonies or misdemeanors
relating to the practice of veterinary medicine and/or moral terpitude;
(6)
offers of employment as a veterinarian;
(7)
involvement in public service activities in the community;
(8)
compliance with the provisions of the Board
order
[
(9)
compliance with provisions of the Veterinary Licensing
Act regarding unauthorized practice;
(10)
history of acts or actions by any other state and federal
regulatory agencies;
and
(11)
any
physical, chemical, emotional, or mental
impairment.
(g)
[
(1)
the gravity of the offense for which the
petitioner's
[
(2)
the length of time since the
petitioner's
[
(3)
whether the license was submitted voluntarily for cancellation
at the request of the licensee; and
(4)
other rehabilitative actions taken by the applicant.
(h)
[
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 February 24, 2004.
TRD-200401400
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
22 TAC §575.28
(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 Board of Veterinary Medical Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Veterinary Medical Examiners
("Board") proposes the repeal of §575.28 concerning Entry of Appearances;
Continuances. This section was originally written to govern contested matters
before the Board. These types of matters are now heard before the State Office
of Administrative Hearings which has its own rules for conducting hearings.
This section is proposed for repeal because it is no longer necessary in the
conduct of Board business.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period this repeal is in effect there will be no fiscal implications for state
or local government.
Mr. Allen has also determined that for the first five years the repeal
is in effect the public benefit will be to eliminate rules that are no longer
relevant to the conduct of the Board's business. There will be no effect on
small businesses. There will be no anticipated economic cost to persons affected
by the repeal.
Comments on the proposed repeal may be submitted in writing to Julie Barker,
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin,
Texas 78701, phone (512) 305-7555, and must be received by May 3, 2004.
The repeal is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The repeal affects the Veterinary Licensing Act, Texas Occupations Code,
Subchapter D, relating to Board Powers and Duties.
§575.28.Entry of Appearances; Continuances.
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 February 24, 2004.
TRD-200401401
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 17, 2004
For further information, please call: (512) 305-7555
Licensure by Examination ].
(1)
] Any person desiring to practice
dentistry in the State of Texas must possess a license issued by the State
Board of Dental Examiners
(Board)
as required by law.
(2)
] To be eligible for licensure,
an applicant
[
all applicants
] must present on or accompanying
a licensure application form approved by the
Board
[
State
Board of Dental Examiners satisfactory
] proof
satisfactory
to
the Board that the applicant:
(A)
] Is at least 21 years of age;
(i)
]
Is of good
[
Good
] moral character
, which
is demonstrated by patterns
of personal, academic and occupational behaviors which, in the judgment of
the Board, indicate honesty, accountability, trustworthiness, reliability,
and integrity
;
[
.
]
(D)
] Has successfully completed
a current course in basic life support [
given by the American Heart Association
or the American Red Cross
];
(E)
] Has taken and passed the jurisprudence
examination administered by the
Board or an entity designated by the
Board
[
State Board of Dental Examiners
] within one year immediately
prior to application;
and,
(F)
] Has paid all application
,
[
/
]examination and licensing fees required by law and Board
rules and regulations.
(e)
] Applications for licensure
must be delivered to the office of the State Board of Dental Examiners.
(f)
] An application for licensure
is filed with the
Board
[
State Board of Dental Examiners
]
when it is actually received, date-stamped, and logged-in by the
Board
[
State Board of Dental Examiners
] along with all required
documentation and fees. An incomplete application for licensure and fee will
be returned to
the
applicant within three working days with an
explanation of additional documentation or information needed.
(g)
] In the event an applicant is
uncertain whether he
or
[
/
]she is qualified according
to rule and law for licensure as a dentist, prior to taking the clinical examination,
a written request may be submitted by the applicant with all proof required
other than clinical examination scores. The
Board
[
State Board
of Dental Examiners
] will review the information and advise the applicant
whether he or she is qualified for licensure pending successful completion
of the clinical examination. The qualifying clinical examination must be taken
within one year of the date of being so advised by the
Board
[
State Board of Dental Examiners
].
rule
]
is to comply with the requirements of the Texas Occupations Code,
§
[
Section
] 53.025.
(SBDE)
] may revoke or suspend an existing license, or deny application
for licensure because of a person's conviction under state or federal law
of a felony or misdemeanor that directly relates to the duties and responsibilities
of the profession for which the person seeks licensure.
Such
]
conviction of a person holding a license to practice dentistry or dental hygiene
shall be cause for initiation of disciplinary procedures against such person.
board
] shall consider the factors listed in Texas Occupation Code,
§
[
Section
] 53.022 [
(Vernon 2000)
].
murder
];
rape
];
child
molestation
]; [
and
]
.
]
board
] may consider a
person's present fitness for licensure in determining whether a person's conviction
of a crime is cause for denial of an application or for disciplinary procedures.
In determining a person's present fitness for licensure, the
Board
[
board
] shall consider the factors listed in Texas Occupations Code,
§
[
Section
] 53.023 [
(Vernon 2000)
].
regarding all offenses
] from the prosecution, law enforcement, and correctional
authorities
that
[
who
] prosecuted, arrested or had custodial
responsibility for the applicant
or licensee in connection with each
and every offense
. Failure to provide such
recommendations in their
entirety
[
recommendation
] is justification to refuse licensing
or
impose sanctions
[
imposition of sanction
] unless
the applicant
or licensee
shows good cause for such failure.
he or she
]
has been convicted.
Chapter 103.
DENTAL HYGIENE LICENSURE
(b)
] To be eligible for licensure,
an applicant must present on or accompanying a form approved by the
Board
[
State Board of Dental Examiners satisfactory
] proof
satisfactory
to the Board that the applicant:
.
]
.
]
State Board
of Dental Examiners
] with a degree in dentistry or a degree or certificate
in dental hygiene, or has graduated from a recognized school or college of
dental hygiene accredited by the Commission on Dental Accreditation of the
American Dental Association and approved by the
Board
[
State
Board of Dental Examiners
] with a degree in dental hygiene
;
[
.
]
.
]
given by the American Heart Association or the American
Red Cross.
]
State
Board of Dental Examiners
] within one year immediately prior to application
; and,
[
.
]
(8)
] Has paid all application
,
[
/
]examination and licensing fees required by law and Board
rules and regulations.
(c)
] Applications
for licensure
must be delivered to the office of the State Board of Dental Examiners.
(d)
] An application for licensure
is filed with the
Board
[
State Board of Dental Examiners
]
when it is actually received, date-stamped, and logged-in by the
Board
[
SBDE
] along with all required documentation and fees. An
incomplete application for licensure and fee will be returned to applicant
within three working days with an explanation of additional documentation
or information needed.
(e)
] In the event an applicant is
uncertain whether he/she is qualified according to rule and law for licensure
as a dental hygienist, prior to taking the clinical examination a written
request may be submitted by the applicant with all proof required other than
clinical examination scores. The
Board
[
State Board of Dental
Examiners
] will review the information and advise the applicant whether
he or she is qualified for licensure pending successful completion of the
clinical examination. The qualifying clinical examination must be taken within
one year of the date of being so advised by the
Board
[
State
Board of Dental Examiners
].
Chapter 116.
DENTAL LABORATORIES
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
(a)
]
The commission will approve only those preparation
rooms which meet the requirements of Chapter 651, Texas Occupations Code,
and the following minimum standards listed in paragraphs (1) - (12) of this
subsection prescribed by the commission:
(b)
The majority owner or designated
agent of record of a funeral establishment may submit a written petition to
the commission requesting an exemption to subsection (a) of this section.
Each petition shall clearly state:]
(1)
each location's name and address; ]
(2)
that the exempt establishment is located within
50 miles of the facility at which embalming services are to be performed;
]
(3)
that no embalming services will be performed
at the exempt funeral establishment location.]
(c)
Upon receipt of the petition
and the determination by the executive director that the criteria listed in
subsection (b) of this section have been met, the executive director will
forward the petition to the Commissioners for consideration of the application
for exemption.]
Chapter 207.
ALTERNATIVE DISPUTE RESOLUTION
Part 14.
TEXAS OPTOMETRY BOARD
(2)
] date the prescription is issued;
(3)
] an expiration date of not
less than one year, unless a shorter period is medically indicated;
(4)
] examining optometrist's signature
or authorized signature
;
(5)
] name of the lens manufacturer,
if required to accurately dispense the lens;
(6)
] lens brand name, including:
a statement specifying a substitute brand name
] when the prescribed
brand name is not available to the optical industry as a whole, unless the
prescribing of a proprietary lens brand is medically indicated;
(7)
] lens power;
(8)
] lens diameter, unless set
by the manufacturer;
(9)
] base curve, unless set by
the manufacturer; and
(10)
] number of lenses and recommended
replacement interval.
The Contact Lens Prescription Act requires
]
the optometrist or therapeutic optometrist
shall
[
to
]
release a prescription [
upon request
] once the parameters of the
prescription are determined. An exception to this requirement exists if the
optometrist or therapeutic optometrist determines that because of a medical
indication further monitoring is required, and the optometrist or therapeutic
optometrist gives the patient a verbal explanation of the reason the prescription
is not released and documents in the patient's records a written explanation
of the reason.
may
] issue a prescription in the following manner:
when requested by the patient,
]
(2)
]
when directed by a dispenser
designated to act on behalf of the patient,
faxing an original signed
prescription to
the dispenser
[
a person authorized to fill
the prescription
]. When faxing a prescription, the optometrist or therapeutic
optometrist shall write "by fax" or similar wording on the original prescription
prior to faxing;
and
(3)
transmitting a complete prescription
as defined in this section, to a person authorized to fill the prescription,
by e-mail or other computerized electronic means. When transmitting a prescription
by computerized electronic means, including e-mail, the optometrist or therapeutic
optometrist shall attach a digital signature in a commonly recognized format.
The computerized electronic transmission shall also include the office address
and license number of the optometrist or therapeutic optometrist; or]
(4)
under the Contact Lens Prescription
Act, if the optometrist or therapeutic optometrist determines that the patient
needs an emergency refill of the contact lens prescription, the prescription
may be telephoned to a person authorized to fill the prescription.]
(f)
] The Contact Lens Prescription
Act requires an optometrist or therapeutic optometrist to authorize, upon
request of the patient, a one time, two month extension of the contact lens
prescription. [
If the extension request also constitutes a request for
an emergency refill, the optometrist or therapeutic optometrist may telephone
the prescription extension to a person authorized to fill the prescription.
]
(g)
] The prescribing optometrist
or therapeutic optometrist has the authority to specify any and all parameters
of an optical prescription for the therapeutic and visual health and welfare
of a patient, but the prescription shall not contain restrictions limiting
the parameters to private labels not available to the optical industry as
a whole, unless the prescribing of a proprietary lens brand is medically indicated.
The specifications of the prescription may not be altered without the consent
of the prescribing doctor.
(h)
] [
The Contact Lens Prescription
Act (Act), prohibits
]
An
[
an
] optometrist or therapeutic
optometrist
shall not charge
[
from charging
] the patient
a fee in addition to the examination fee and the fitting fee as a condition
for giving a contact lens prescription to the patient. An optometrist or therapeutic
optometrist may not refuse to release a prescription solely because charges
assigned or presented for payment to an insurance carrier, health maintenance
organization, managed care entity, or similar entity have not been paid by
that entity.
(i)
] An optometrist or therapeutic
optometrist may charge a fitting fee that includes fees for lenses required
to be used in the fitting process. The fitting process may include the initial
eye examination, an examination to determine the specifications of the contact
lenses, and follow-up examinations that are medically necessary. Unless medically
necessary, the optometrist or therapeutic optometrist may not require the
patient to purchase a quantity of lenses in excess of the lenses the optometrist
or therapeutic optometrist was required to purchase to complete the fitting
process.
Part 19.
POLYGRAPH EXAMINERS BOARD
Civil Statutes, Article 4413(29cc), §6(a) and (b),
] shall be and
the same hereby designated the rules and regulations of intern program.
Chapter 393.
GENERAL
Texas Civil Statutes, Article 6252-17
].
Regulations
] promulgated under authority
of Texas
Occupations Code, §1703.103
[
Civil Statutes,
Article 4413(29cc), §6,
] shall be published. Along with the Polygraph
Examiners Act, it will be mailed to all licensed examiners and made a part
of the Act by the Polygraph Examiners Board.
Chapter 395.
CODE OF OPERATING PROCEDURE OF POLYGRAPH EXAMINERS
Civil Statutes, Article 4413(29cc) §6
].
the Act, §17A
], and date of expiration
will be December 31 of that calendar year. At the time of issuance of such
license or renewal the examiner shall annually furnish to the Board a bond
or insurance policy which shall remain in force as a requisite to initial
and continued Licensure. At no time shall a license to be considered issued
and valid unless a bond or insurance policy is in force and certification
therefore is furnished to the Board.
Chapter 397.
GENERAL RULES OF PRACTICE AND PROCEDURE
Civil Statutes, Article 4413(29cc)
].
six
] members appointed pursuant
to
the Act, §1703.051
[
Texas Civil Statutes, Article
4413(29cc)
].
§22(a)
]. The board
at its discretion may apply these rules in other proceedings upon notice,
before institution of the proceedings, to the parties.
§22(a)
].
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
regular license
] and
NAVLE
[
examination
].
a regular veterinary license and examination(s)
] shall
apply
[
make application
] on the
appropriate
form furnished by the
Board.
for regular veterinary
license and examination(s)
], including payment of appropriate fees,
must be received at the Board
offices
[
Offices
] no later
than:
70
] days prior to the
NBVME's
mandated deadline for the Board to submit the NAVLE eligibility list to the
NBVME
[
beginning date of the appropriate NAVLE testing window
].
as defined in subsection (b)(1)(C) of this section,
]
but who has obtained an ECFVG Certificate or a PAVE Certificate.
as defined in subsection (b)(1)(C) of this section,
]
but who is enrolled in the ECFVG or PAVE certification program
,
[
.
]
and meets the requirements of subsection (d)(1)(C) of this section,
if applicable.
as defined in subsection (b)(1)(C) of this section,
] and is enrolled
in the ECFVG or PAVE certification program, must take and pass all English
language proficiency tests required by the applicant's selected program.
An
] applicant who has not graduated
from veterinary medical school may sit for examinations provided the following
conditions have been
met
[
complied with
]:
within six months of the expected graduation date falling within the appropriate
testing window and comply with all of the NBVME's testing requirements for
the NAVLE.
]
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
In accordance with the Act, §14C
], the president of the
Board
[
board
] shall appoint
a three-member executive disciplinary committee
(EDC)
consisting
of the president, the Board secretary
,
and one public member,
to determine
[
for the purpose of determining
] whether a person's
license to practice veterinary medicine in this state should be temporarily
suspended under
the Occupations Code, §801.409
[
this
section
].
The president shall serve as the chairman of the EDC,
except in his absence the Board secretary shall serve as chairman. If a member
of the EDC is recused, or a member is unable to attend the EDC's meeting,
an alternate Board member may serve in the member's place on the EDC if the
alternate was previously appointed by the president of the Board and approved
by the Board.
If the executive disciplinary committee determines from
the evidence or information presented to it that a person licensed to practice
veterinary medicine in this state would constitute a continuing or imminent
threat to the public welfare by his/her continuation in practice, the executive
disciplinary committee shall temporarily suspend the license of that person.
]
A license
may be suspended
] under this section without notice or a hearing on
the complaint, provided the Board's enforcement committee
(EC)
(established
pursuant to [
the Act, §18F and
] §575.27
(d)
[
(c)
] of this title (relating to Complaints- Receipt, Investigation and
Disposition)) shall meet
in an informal conference
within 14 days
of the date of suspension, to determine if formal disciplinary proceedings
should be initiated against the licensee. The licensee must
receive notice
of the conference
[
be notified of this meeting
] at least
72 hours prior to the
conference
. [
meeting. Determination
by the enforcement committee that a violation of the Act or Board rules has
occurred and a complaint should be formally docketed will result in a hearing
pursuant to subsection (d) of this section. A determination by the enforcement
committee that no violation of the Act or Board rules occurred will result
in the suspended license being reinstated. A proposed recommendation by the
enforcement committee which is agreed to in writing by the licensee, and approved
by the Board, will result in the suspended license being reinstated subject
to the terms of the proposed settlement.
]
Chapter 575.
PRACTICE AND PROCEDURE
5
] years from
the effective date of such cancellation or revocation, petition the Board
for reinstatement of the license, unless another time is provided in the cancellation
or revocation
order
[
Order
], or unless no
provision
[
allowance
] was made in the order for reinstatement. This
rule does not apply to licensees who let their licenses lapse for non-payment
of renewal fees or licensees against whom a cancellation or revocation proceeding
is not pending before the Board or in any other jurisdiction.
, after investigation or Board hearing,
if the Board deems them necessary, at its discretion,
] grant or deny
the petition. If
the
[
such
] petition is denied by the
Board, a subsequent petition may not be considered by the Board until twelve
(12) months
have lapsed
from the date of denial of the previous
petition.
applicant
] or his
legal representative must appear before the Board to present the request for
reinstatement of the license.
At the reinstatement hearing,
]
The
[
the
]
petitioner
[
applicant
] shall have the burden
of showing good cause why the [
applicant's
] license should be reinstated.
(f)
The applicant, by submitting a petition
for reinstatement, requests and consents to the Board's exercise of jurisdiction
over the petition.
]
(g)
] In considering a petition
for reinstatement, the Board may consider the
petitioner's
[
Petitioner's
]:
/her
] family;
Order
] revoking or canceling the applicant's license;
(h)
] In considering a petition
the Board may also consider:
applicant's
] license was cancelled, revoked or restricted
and the impact the offense had upon the public health, safety, and welfare;
applicant's
] license was cancelled, revoked, or restricted, as a factor
in determining whether the time period has been sufficient for the applicant
to have rehabilitated himself [
/herself
] to be able to practice
veterinary medicine in a manner consistent with the public health, safety
and welfare;
(i)
] If the Board grants the petition
for reinstatement, the applicant must successfully complete the Texas State
Board Licensing Examination during the regularly scheduled examination [
administration
] times. The Board may also require the applicant to complete
additional testing to assure the applicant's competency to practice veterinary
medicine.