Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 182.
USE OF EXPERTS
22 TAC §182.7
The Texas State Board of Medical Examiners adopts new §182.7,
Interim Appointment, without changes to the proposed text as published in
the March 4, 2005, issue of the
Texas Register
(30
TexReg 1216) and will not be republished. The new rule concerns the use of
Executive Committee members to make interim appointments of expert panelists
until the next board meeting.
During the two-month interval between meetings of the Medical Board, expert
panelists with specialty qualifications may be needed as part of a case investigation.
Interim appointments to the Expert Panel by a member of the Executive Committee
and follow-up ratification by the Medical Board will prevent cases from going
beyond the statutory investigatory timeline.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the authority of the Occupation
Code Annotated, §153.001 and §154.056(e), which provide that the
Texas State Board of Medical Examiners may adopt rules and bylaws as necessary
to perform its duties, regulate the practice of medicine in this state and
enforce the Medical Practice Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501587
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: May 5, 2005
Proposal publication date: March 4, 2005
For further information, please call: (512) 305-7016
Chapter 595.
COMPLIANCE AND ENFORCEMENT
22 TAC §595.1
The Texas Structural Pest Control Board adopts an amendment
to §595.1, concerning License Display with changes to the proposed text
as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11882). The only change was made to correct
the language for the official name of the state health department.
Justification for the rule is that the adoption clarifies the distinction
between the actual licenses and the license cards that are issued to licensees
and to reflect the Board's current practice of verifying license cards in
the field. This requirement also allows Texas Department of Agriculture and
Department of State Health Services staff to verify licenses upon request.
The other change will reflect the current board practice of issuing suffix
letter for branch license identification and requires branch offices to display
branch designation on vehicles. Words were also removed and rearranged to
make sentence read better or eliminate redundancy. A clearer definition of
management vehicle was also added.
The rule will function in reflecting the correct statutory language. The
rule change also supports identification of Board licensees to other state
agencies. The practice of adding a suffix will help with branch identification.
A clearer definition of management vehicle was also added.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§595.1.License Display.
(a)
All structural pest control licenses must be displayed
in a conspicuous place at the business of the license holder. In the case
of a nonresident license holder, the license must be displayed in a conspicuous
place at the residence or at the place of business of the license holder's
resident agent. All structural pest control licenses must be presented for
visual inspection to a customer or to Board, Texas Department of Agriculture,
or Department of State Health Services staff upon request. A licensee must
also carry a license card while engaged in structural pest control work.
(b)
The business license number and suffix letter must be prominently
displayed on all vehicles used in the company business. The business license
number and suffix letter shall not be required on unmarked management vehicles.
Company vehicles may have more than one license number if a written request
is made to the Board and the Board approves the request. The numbers and letters
must be permanently affixed to the vehicle in a prominent place on each front
fender and/or front door panel in two-inch letters in a color which would
contrast to the background color of the truck or vehicle and shall be designated
as: Texas Pest Control License (number). This may be abbreviated to TPCL (number).
Any numbers, letters or symbols that adhere to vehicle by way of magnetic
device are not considered to be permanently affixed. Management vehicle is
defined as a vehicle not used to perform sales, or provide service to customers.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501571
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.2
The Texas Structural Pest Control Board adopts an amendment
to §595.2, concerning Employee Registration without changes to the proposed
text as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11883).
Justification for the rule is that it clarifies the regulations by the
addition of the number to provide consistency with how other numbers are presented
in the regulations. The term "certified applicator" was added for consistency
with licensing practices. The word "Texas" added to Structural Pest Control
Board to reflect name as designated by the legislature. Finally, the 30 days
was changed to 10 days to provide consistency with §595.2(b) and eliminates
the conflict with §593.6 referring to when changes must be made.
The rule will function in reflecting the correct statutory language. The
rule change also supports the same time lines for registrations.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501572
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.3
The Texas Structural Pest Control Board adopts an amendment
to §595.3, concerning Employee Supervision with changes to the proposed
text as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11884). The changes are grammatical in nature.
Justification for the rule is that the rule now reflects new technology
by requiring employers to supervise their employees use of devices as well
as pesticides now.
The rule will function by reflecting employers supervise employees in the
use of pest control devices. Clarity is also offered by using letters and
numbers to reflect the meeting requirements with technicians and apprentices.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§595.3.Employee Supervision.
(a)
The responsible certified applicator is responsible to
supervise the use of pesticides and devices by employees of a pest control
business.
(b)
In order to provide adequate supervision, a certified applicator
must be physically present to give personal instructions to a technician or
apprentice at least three (3) days a week with the technician or apprentices
being supervised. The technician or apprentice must reside within the normally
accepted commuting area of the licensed business office or work location and
must personally report to a certified applicator at least three (3) days a
week to receive instructions.
(c)
Employees may not schedule and perform pest control work
unless instructions for the type of work to be done are obtained from a certified
applicator.
(d)
Apprentices must not perform pest control services without
physical supervision until they have completed all classroom training, on-the-job
training required and verified such completion in their records.
(e)
The business license holder or certified noncommercial
applicator is responsible for actions of employees when they are performing
pest control services.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501573
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.4
The Texas Structural Pest Control Board adopts an amendment
to §595.4, concerning Pest Control Use Records with changes to the proposed
text as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11884). The changes are grammatical in nature.
Justification for the rule is that the rule now reflects more accurate
record keeping due to the changes in technology in the industry.
The rule will function by reflecting the use of more appropriate unit of
measurement for the use of a pesticide. The rule also now includes the measurement
in the use of devices.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§595.4.Pest Control Use Records.
The business licensee or, in the case of the certified noncommercial
applicator, the applicator must keep and maintain a correct and accurate record
of all uses of pesticides and pest control devices registered with the United
States Environmental Protection Agency and the Texas Department of Agriculture
or approved by the Board under §599.1 of this title for a period of two
(2) years. Said records must be kept on the premise of the business licensee
or, in the case of a certified noncommercial applicator, the employer's premises.
The records must include, but are not limited to, routine operational data,
name and address of the customer, name of pesticides or devices used, total
amounts of each pesticides or devices used, percent of active ingredient applied,
purpose for which the pesticides or devices were used or target pest, date
the pesticides or devices were used, service address where the pesticides
and devices were used, and the name of the person(s) applying pesticides or
using devices. If a physical device approved by the Board is used, the appropriate
unit of measurement (square foot, cubic foot, or linear foot) of the physical
device must be recorded and a diagram describing the installation will be
provided. These records shall be made available to the Board or its authorized
agents in accordance with the Texas Structural Pest Control Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501574
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.5
The Texas Structural Pest Control Board adopts an amendment
to §595.5, concerning Contracts without changes to the proposed text
as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11885).
Justification for the rule is that the rule now allows licensees to list
a mailing address on billing information.
The rule will function by permitting licensees to list a mailing address
on billing information. This will not affect the general public or the Board
staff from contacting licensees at their place of business because that information
is already on file with the Board and can be made available upon request.
The font change reflects advances in technology because most word processing
programs do not go smaller than an 8 point font.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501575
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.6
The Texas Structural Pest Control Board adopts an amendment
to §595.6, concerning Pest Control Sign without changes to the proposed
text as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11885).
Justification for the rule is that the changes reflect updating the contact
agency for pesticide information and improving the grammar of the regulation.
The rule will function by updating the contact agency for pesticide information
and improving the grammar of the regulation.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501576
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.7
The Texas Structural Pest Control Board adopts an amendment
to §595.7, concerning Consumer Information Sheet without changes to the
proposed text as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11886).
Justification for the rule is that the changes reflect the addition of
numbers to provide consistency with how numbers are noted in the regulations.
Grammar was improved by replacing "shall" with "must" and added "Texas" to
"Structural Pest Control Board" to reflect full agency name.
The rule will function by improving the grammar of the regulation.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501577
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.8
The Texas Structural Pest Control Board adopts an amendment
to §595.8, concerning Responsibilities of Unlicensed Persons for Posting
and Notification without changes to the proposed text as published in the
December 24, 2004, issue of the
Texas Register
(29
TexReg 11887).
Justification for the rule is that the change reflects codification of
the Texas Structural Pest Control Act. Grammar was improved by replacing "shall"
with "must".
The rule will function by improving the grammar of the regulation and providing
the correct statutory information.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501578
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.10
The Texas Structural Pest Control Board adopts an amendment
to §595.10 concerning Inspections with one change to the proposed text
as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11888). The change reflects the current
name for the former Texas Department of Health's new name to the Department
of State Health Services.
Justification for the rule is that the change reflects codification of
the Texas Structural Pest Control Act and the name change of the former Texas
Department of Health.
The rule will function by correctly reflecting the current statutory authorities.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§595.10.Inspections.
(a)
Each licensed pest control business shall be inspected
at least one time every two years. Businesses showing a lack of compliance
with Board law or rules may be inspected more frequently. The Executive Director
may waive this requirement due to emergency. An emergency in this section
is defined as a shortage of staff availability due to complaint investigations,
personnel shortages, or budgetary constraints.
(b)
If the Board or the Executive Director determines that
a misapplication of pesticides has occurred on the premises of a consumer,
the consumer and the business license holder or applicator must be notified
within 20 calendar days of the making of this determination. Records of any
health injuries diagnosed by a licensed physician and property damage caused
by any misapplication by a licensee which is found by the Board shall be kept
in a form reportable to the Department of State Health Services or any institution
of higher education upon their request.
(c)
Procedures for the conduct of an investigation shall be
contained in the Texas Structural Pest Control Board Investigations Manual,
which shall contain all requirements of the Texas Structural Pest Control
Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501579
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.11
The Texas Structural Pest Control Board adopts an amendment
to §595.11 concerning Schools with changes to the proposed text as published
in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11889). These changes are grammatical in nature.
Justification for the rule is that the change reflects codification of
the Texas Structural Pest Control Act and the name change of the former Texas
Department of Health.
The rule will function by correctly reflecting the current statutory authorities
and state agencies.
Comments were received at the Board meeting held on January 11, 2005. Comments
were received both orally and written from the Texas Cooperative Extension.
Comments and Responses are as follows.
Comment: The Texas Cooperative Extension on §595.11(a)(1) proposed
the following language change "Insect and rodent baits in tamper-resistant
containers or bait stations that are on the Green List, or non-containerized
baits or gels that are on the Green List may be applied at any time if students
are not present in the room ..." The reason for the Extension's proposal is
that the regulations as currently written pose an unnecessary health risk
for some children. The class of botanical insecticides includes chemical compounds
that vary both in toxicity and their ability to serve as respiratory irritants
for children and others. School IPM coordinators recently surveyed on this
issue indicated that they rarely take advantage of this exemption and would
favor such a change. On the other hand, some IPM coordinators and pest control
applicators feels this could limit their choices. The results were split on
this issue.
Response: The proposed language is accepted.
Comment: The Texas Cooperative Extension on §595.11(h)(1) proposes
adding soaps and oils (natural or synthetic) to Green Category pesticides.
The Extension's reason is that soaps and oils are universally recognized as
safer pest control tools for horticultural applications due to their physical,
rather than biochemical modes of action. A typical insecticide soap has an
LD50 of 16,500 mg/Kg1, and a typical horticultural oil has an LD50 of >5,000
mg/Kg2. These products, or products very similar, are currently used for many
other applications in schools, including dishwashing and, in the case of vegetable
oils, cooking. School IPM coordinators and pest control professionals overwhelmingly
support these additions, they thought this was a great idea.
Response: The proposed language is accepted.
Comment: The Texas Cooperative Extension on §595.11(h)(1) proposes
that all Green Category products to bear a CAUTION signal word. The basis
for the change is to close a loophole that currently allows use of potentially
dangerous products under the guise of a "Green List" product. This requirement
was eliminated in 1996 to permit some of the insect growth regulators on the
Green List, a move that the pest control industry at the time supported. Since
this time, however, newer formulations have been developed that resulted in
most IGR products now bearing CAUTION signal words. IPM Coordinators overwhelmingly
support this change.
Response: The proposed language is accepted.
Comment: The Texas Cooperative Extension recommends the use throughout §595.11
that the terms Red List, Yellow List and Green List throughout the school
IPM regulations to Red Category, Yellow Category and Green Category. The basis
for this change is that the term "list" is confusing to almost everyone who
encounters it for the first time. Close reading of the current regulations
make it clear that there is no maintained listing of approved pesticides for
schools. This interpretation of the law has never been challenged by industry
or environmental advocates because of a general recognition that maintaining
such a list would be costly and impractical. Changing the term list would
significantly clarify the regulations for school IPM coordinators and others.
School IPM coordinators favor such a change in our survey. Some of the comments
were this would take some of the confusion out of the regulations.
Response: The proposed language change cannot be accepted because Occ.
Code §1951.212 specifies the use of the word "list", not "category."
Comment: The Texas Cooperative Extension recommends making CEU requirements
mandatory for school IPM Coordinators. The basis of the recommendation is
that Integrated Pest Management is an information-intensive activity, and
overseers of IPM programs should be well trained. The mandatory six-hour training
course is insufficient to give coordinators the tools they need to make sound
IPM decisions for their entire careers. School IPM coordinators we surveyed
support this change. The majority of comments stated that it should be every
year, not every three. That they try to attend training every year, but this
would give them the support to make those trainings.
Response: The Board rejects instituting the proposed requirement because
of the additional financial requirements it places upon school districts.
Comment: The Texas Cooperative Extension recommends clarifying the term
"site", used in §595.11(h)(2)(3) to mean a particular school campus.
The basis for this recommendation is that the term "site" in the current regulation
is ambiguous and subject to inconsistent interpretations by field inspectors.
This leads to confusion and frustration among IPM coordinators and pest control
professionals. This change in wording reflects the most commonly adopted position
of the SPCB legal counsel on the definition of "site". These changes would
also ensure the Justification Use Records were completed accurately.
Response: The Board does not believe the proposed change is necessary since
the language of the regulation is clear.
Comment: The Texas Cooperative Extension recommends changing the wording
on the current Notice of Pest Control Treatment to refer to Pest Control Service.
The proposal would have the current sign using the word treatment, which implies
that some type of treatment will occur. In most situations the licensed applicator
has a contract with a school district or other businesses and has a routine
schedule. By changing the word Service and adding additional wording, gives
the applicator the ability to apply a pesticide if necessary; on the other
hand, if all they are doing is putting out glue boards or checking glue boards
nothing else will occur. This simple sign has imposed more headaches on IPM
coordinators during their Establishment Inspections, after Green, Yellow,
and Red Products.
Response: The Board believes that the language in the current sign is clear
and does not need to be changed.
The Texas Cooperative Extension made comments for the proposed rule changes.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§595.11.Schools.
(a)
Pesticide applications must not be made within a school
building if any such application will expose students to unacceptable levels
of pesticides.
(1)
Insect and rodent baits in tamper-resistant containers
or bait stations that are on the Green List, or non-containerized baits or
gels that are on the Green List, as well as botanical insecticides which are
on the Green List may be applied at any time if students are not present in
the room at the time the treatment is occurring. These products may be applied
to an open area or multi-purpose room if the area within ten (10) feet of
the location is secured and no students are present within the secured area
during the time of application.
(2)
All other Green List products and Yellow List products
may be applied to a room only if students are not expected to be present in
the room for the next twelve 12 hours, or the specified re-entry on the pesticide
label, whichever is longer.
(3)
Red List products may be applied to a building only if
students are not expected to be present in the building for the next twelve
12 hours, or the specified re-entry on the pesticide label, whichever is longer.
(b)
Pesticide applications shall not be made to outdoor school
grounds if such an application will expose students to physical drift of pesticide
spray particles or unacceptable levels of pesticides.
(1)
Green List products may be applied if students are not
expected to be present within ten (10) feet of the application site at the
time of application.
(2)
Yellow List products may be applied if students are not
expected to be present within ten feet of the application site for the next
twelve 12 hours, and if the treated area is clearly marked to discourage entry,
or secured by means of a fence or similar barrier.
(3)
Red List products may be applied if students are not expected
to be present within fifty (50) feet of the application site for the next
twelve (12) hours, and if the treated area is clearly marked to discourage
entry, or secured by means of a fence or similar barrier. Red List products
may be applied only if there are no wind conditions that would disperse the
chemical beyond the marked or secured zone.
(c)
Emergency treatments will be permitted in the localized
area of infestation when there is an imminent threat to health or property
or an infestation is imminent. Records of the reasons for emergency treatments
must be kept in the pest control use records of the business or certified
noncommercial applicator performing the treatment.
(d)
Each school district must develop a written pest management
policy for all structural pest control activities conducted on school property
based on the most current Texas Structural Pest Control Integrated Pest Management
(IPM) document. The pest management policy must be adopted by the school board
and kept on file by the district superintendent and IPM Coordinator(s). The
policy must be based on generally accepted tenets of integrated pest management,
as defined by the Environmental Protection Agency. Such tenets include, but
are not limited to:
(1)
strategies that rely on the best combination of pest management
tactics that are compatible with human health and environmental protection;
(2)
proper identification of pest problems;
(3)
monitoring programs to determine when pests are present
or when pest problems are severe enough to justify corrective action;
(4)
use of non-chemical management strategies whenever practical;
and
(5)
preferential use of least-toxic chemical controls when
pesticides are needed.
(e)
Each school district must designate an IPM Coordinator(s).
The IPM Coordinator(s) must implement the school district's IPM policy. The
district is responsible for the IPM Coordinator(s) compliance with Texas Structural
Pest Control Board regulations and school district policy. The person(s) so
designated must attend a Texas Structural Pest Control Board approved IPM
Coordinator(s) training course within twelve (12) months of designation as
IPM Coordinator. The IPM Coordinator(s) must oversee and be responsible for:
(1)
assisting in the coordination of pest management personnel,
ensuring that all school employees who perform pest control have the necessary
training, are equipped with the appropriate personal protective equipment,
and have the necessary licenses for their pest management responsibilities;
(2)
maintaining a prioritized list of needed structural and
landscape improvements;
(3)
for school districts that conduct some or all pest management
work through independent contractors, working with district administrators
to ensure that pest control proposal specifications are compatible with IPM
principles, and that pest control contractors work under the guidelines of
the district's IPM policy;
(4)
ensuring that all pesticides used on school district property
are in compliance with the school district's policies and keep current pesticide
labels, and Material Safety Data Sheets (MSDS);
(5)
authorizing and reviewing least hazardous, effective emergency
treatments with the approval of the certified applicator as provided for under §§595.6(d),
595.7(d), 595.8(d) and this section of the Texas Structural Pest Control Board
regulation;
(6)
handling requests and inquiries relating to pest problems,
and maintain records of any pesticide related complaints;
(7)
ensure that files are maintained regarding pesticide application
records, and incidental use reports are per §595.17 Incidental Use For
Schools;
(8)
informing school district administrators and other personnel
about IPM requirements (e.g., training requirements, pre-notification and
posting requirements, sanitation, and pesticide storage); and
(9)
maintaining a copy of the school's IPM policy.
(f)
Each school district must employ or contract with a certified
applicator, who may, if an employee, also be the IPM Coordinator(s). The certified
applicator must:
(1)
oversee day to day pest management needs of the district;
(2)
provide written approval/justification of use of products
on the Yellow List;
(3)
handle and forward records of any complaints relating to
pest problems, IPM activities, or pesticides to the IPM Coordinator(s);
(4)
ensure that proper pesticide application records are maintained;
(5)
participate in IPM training courses approved for school
IPM personnel by the Texas Structural Pest Control Board;
(6)
consult with the IPM Coordinator(s) concerning use of products
not on the Green or Yellow List;
(7)
authorize emergency treatments as provided for in subsection
(e)(5) of this section.
(g)
Licensed technicians must obtain written approval from
the certified applicator to apply Yellow or Red List products.
(h)
Pesticides approved for use on school property must be
mixed outside student occupied areas of the buildings and are classified as
follows:
(1)
Green List Products. All products must be one of the following:
inorganic pesticides (i.e., boric acid, disodium octoborate tetrahydrate,
silica gels, diatomaceous earth); insect growth regulators; insect and rodent
baits in tamper-resistant containers or for crack and crevice placement only;
microbe-based insecticides; botanical insecticides (not including synthetic
pyrethroids) containing not more than 5.0% synergists; biological (living)
control agents, pesticidal soap and natural and synthetic horticultural oils.
Green List products may be used at the discretion of the licensee.
(2)
Yellow List Products. All EPA III and IV pesticides (i.e.,
products carrying a CAUTION signal word or no signal word as exempted by the
Federal Insecticide, Fungicide, and Rodenticide Act Sec. 25 (b) not included
as a Green List product, with the exception of restricted-use or state-limited-use
pesticides as defined under the Federal Insecticide, Fungicide, and Rodenticide
Act and/or the Texas Agriculture Code. Use of Yellow List products require
written approval from the certified applicator. A copy of the approval must
be sent to the IPM Coordinator(s). Yellow List product approvals shall have
a duration of no longer than six (6) months or six (6) applications per site,
whichever occurs first.
(3)
Red List Products. All Category I and II pesticides (i.e.,
products carrying a WARNING or DANGER signal word), not included as a Green
List product or restricted use pesticides, or state-limited-use pesticides
as defined under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
and/or the Texas Agriculture Code. Use of Red List products require prior
written approval from the certified applicator and the IPM Coordinator(s).
A copy of the approval must be kept in a separate file in the pest control
use records for the school and clearly marked as Red List Approvals. Red List
product approvals shall have a duration no longer than three (3) months or
three (3) applications per site, whichever is first.
(i)
Written approvals for use of Yellow and Red List products
must be made on a form developed by the Texas Structural Pest Control Board.
The approvals must include a description of the problem and justification
for use of the Yellow and Red List products. Approvals must be kept by the
IPM Coordinator(s) of the district for a minimum of two (2) years. If the
applicator fails to submit a request for approval for the application of a
Red List product to the IPM Coordinator(s), then the applicator is subject
to administrative penalty.
(j)
All pest control services must be consistent with the school
district's written pest management policy.
(k)
Any person found not in compliance with the Act or this
section is subject to administrative penalties. Such persons may include the
school district or certified commercial applicator.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501580
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.12
The Texas Structural Pest Control Board adopts an amendment
to §595.12, concerning Misapplications without changes to the proposed
text as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11891).
Justification for the rule is grammatical in nature.
The rule will function by making the regulation easier to read by correcting
the grammar.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501581
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.13
The Texas Structural Pest Control Board adopts an amendment
to §595.13 concerning Advertising without changes to the proposed text
as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11891).
Justification for the rule is grammatical in nature.
The rule will function by making the regulation easier to read by correcting
the grammar.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501582
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.14
The Texas Structural Pest Control Board adopts an amendment
to §595.14 concerning Reduced Impact Pest Control Service without changes
to the proposed text as published in the December 24, 2004, issue of the
Justification for the rule is grammatical in nature.
The rule will function by making the regulation easier to read by correcting
the grammar.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501583
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
22 TAC §595.15
The Texas Structural Pest Control Board adopts an amendment
to §595.15, concerning Incidental Use Situation Fact Sheet with changes
to the proposed text as published in the December 24, 2004, issue of the
Justification for the rule is grammatical in nature and to reflect the
correct legal name for the Board with the codification into the Occ. Code.
The rule will function by making the regulation easier to read by correcting
the grammar and reflecting the statutory changes.
No comments were received.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§595.15.Incidental Use Situation Fact Sheet.
(a)
The Texas Structural Pest Control Board Incidental Use
Fact Sheet must contain the following text: "This fact sheet must be distributed
to all city, county, and state employees who apply general use pesticides
and are not licensed by the Texas Department of Agriculture and do not have
a Texas Structural Pest Control Board noncommercial applicator's or technician
license. The fact sheet and instruction must be provided upon initial employment
and thereafter must be available as needed. These general use pesticides include
insecticides, herbicides, fungicides and rodenticides and involve applications
made both inside and outside of structures. Incidental Use is not intended
for long terms or extensive pest control measures. Where long term pest control
is required, a trained, licensed person is to make the applications. Incidental
Use is defined as "A pesticide application on an occasional, isolated, site-specific
basis that is incidental to the primary duties of an employee and involves
the use of general use pesticides after instruction as provided by rules adopted
by the Texas Structural Pest Control Board". Examples of Incidental Use Situations
are treating fire ants in a transformer box, or treating of ants by a janitor
or clerical employee in a break area. Incidental is defined as site-specific
and incidental to the employee's primary duties. If it is a part of the employee's
primary duty to make applications of pesticides, that employee is required,
by law, to obtain either a Texas Structural Pest Control Board license or
Texas Department of Agriculture license, depending on the location and type
of application. In all cases of incidental use, the employee should use the
least hazardous, effective method of controlling pests. If chemicals are to
be utilized, they must be applied in strict accordance with manufacturer labels
of "General Use" products being used. Applications made inconsistent with
the label requirements of the general use product may result in penalties
being assessed against the individual and/or the certified noncommercial applicator
or technician responsible. "Incidental Use Situation" applications of pesticides
are regulated by the Texas Structural Pest Control Board. If you have any
questions or comments, contact the Board at (512) 305-8250; written inquiries
may be addressed to the Texas Structural Pest Control Board, P.O. Box 1927,
Austin, Texas 78767-1927." Copies are available from the Texas Structural
Pest Control Board.
(b)
The incidental use fact sheet must be provided during pesticide
instruction to each employee of the state, a political subdivision of the
state, or a non-commercial entity other than a school district whose primary
duty is not pest control, and whose work may include tasks subject to the
incidental use exception.
(c)
Each governmental unit is responsible for distributing
the fact sheet to the designated employees.
(d)
Primary duty is defined as a job duty that is part of a
written job description or is a regularly assigned task of the employee.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2005.
TRD-200501584
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 305-8270
Part 25.
TEXAS STRUCTURAL PEST CONTROL BOARD