PART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
The Texas Board of Occupational Therapy Examiners adopts the amendment to §375.1 concerning Fees without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3726) and will not be republished.
The amended section is adopted to clarify where to access the published fees.
No comments were received.
The amendment is adopted under the Occupational Therapy Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected by this amended section.
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 August 4, 2008.
TRD-200804035
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: August 24, 2008
Proposal publication date: May 9, 2008
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts the amendment to §376.3 concerning Requirements for Registration Application without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3727) and will not be republished.
The amended section is adopted to clarify the Therapist in Charge form.
No comments were received from individuals.
The amendment is adopted under the Occupational Therapy Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected by this amended section.
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 August 4, 2008.
TRD-200804038
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: August 24, 2008
Proposal publication date: May 9, 2008
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts the amendment to §376.4 concerning Requirements for Registered Facilities without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3728) and will not be republished.
The amended section is adopted to clarify when new facility registration and/or renewal forms must be ordered.
No comments were received from individuals.
The amendment is adopted under the Occupational Therapy Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected by this amended section.
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 August 4, 2008.
TRD-200804040
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: August 24, 2008
Proposal publication date: May 9, 2008
For further information, please call: (512) 305-6900
CHAPTER 700. CHILD PROTECTIVE SERVICES
SUBCHAPTER M. SUBSTITUTE-CARE SERVICES
The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), an amendment to §700.1340, without changes to the proposed text published in the May 23, 2008, issue of the Texas Register (33 TexReg 4125).
The justification for the amendment is to change the process for obtaining court approval for travel outside the United States, as required by the enactment of Texas Family Code §264.122, Court Approval Required for Travel Outside the United States by Child in Foster Care. The amendment also simplifies the language regarding a child's travel out of state and requires DFPS to notify the court and to follow any local rules of administration before permitting the child to travel out of state. The agency's name is also updated.
The amendment will function by ensuring that the judicial systems resources will be used more efficiently while assuring the safety of children traveling who are in DFPS conservatorship.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendment implements Texas Family Code, §264.122.
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 July 30, 2008.
TRD-200803970
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 438-3437
The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), amendments to §748.131 and §748.1705, in its General Residential Operations and Residential Treatment Centers chapter. The amendment to §748.131 is adopted with a change to the proposed text published in the May 23, 2008, issue of the Texas Register (33 TexReg 4127). The amendment to §748.1705 is adopted without changes to the proposed text and will not be republished.
The justification for the amendments is to clarify language.
The amendment to §748.131 clarifies language regarding the make-up of the governing body and more clearly addresses the persons that have a conflict of interest.
The amendment to §748.1705 allows physicians to plan a child's tube feeding diet. The rule currently only allows dieticians to plan these diets. This revision is consistent with the corresponding rule in §749.3073 of this title relating to What are the nutrition requirements for a child with primary medical needs?, which already allows physicians to plan a tube feeding diet.
The amendments will function by ensuring that residential child-care operations have a clearer understanding of what is required in minimum standard rules, and children placed in residential care will benefit as a result of this increased clarity.
During the comment period, DFPS received one comment from Canyon Lakes Residential Treatment Center questioning how the change to §748.131 would apply to their treatment center. DFPS is adopting §748.131 with a formatting change that clarifies the rule.
SUBCHAPTER C. ORGANIZATION AND ADMINISTRATION
The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC §42.042.
§748.131.What are the specific responsibilities of the governing body?
(a) The governing body is responsible for:
(1) Ensuring the operation remains fiscally sound;
(2) Overseeing and ensuring the management of the operation's services and programs in compliance with your policies;
(3) Approving and having authority over the operational policies and activities which must comply with rules of this chapter;
(4) Complying with the law, including Chapters 42 and 43 of the Human Resources Code, the applicable rules of this chapter, and other applicable rules in the Texas Administrative Code;
(5) Ensuring that the majority of the voting members of the governing body consist of persons who do not have a conflict of interest that would potentially interfere with objective decision making. Persons who have such a conflict of interest include the following:
(A) Family members of:
(i) An officer;
(ii) A director; or
(iii) A person with a controlling interest in the entity's stock; or
(B) If the governing body is a non-profit entity, persons who benefit financially from the operation, including but not limited to persons employed by or working at the operation, paid consultants, subcontractors, or vendors.
(6) Carrying out governing body responsibilities assigned in the policies and procedures.
(b) Regarding subsection (a)(5) of this section:
(1) Operations granted a permit by us before January 1, 2007, have two years to comply with this paragraph; and
(2) Operations granted a permit by us after January 1, 2007, have two years from the date the operation is licensed by us to comply with this paragraph.
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 July 30, 2008.
TRD-200803965
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 438-3437
DIVISION 7. NUTRITION AND HYDRATION
The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC §42.042.
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 July 30, 2008.
TRD-200803966
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 438-3437
The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§749.131, 749.1415, and 749.3503, in its Child-Placing Agencies chapter. The amendment to §749.131 is adopted with changes to the proposed text published in the May 23, 2008, issue of the Texas Register (33 TexReg 4128). The amendments to §749.1415 and §749.3503 are adopted without changes to the proposed text and will not be republished. DFPS is withdrawing the proposed changes to §749.3633, which were published with these rules in the May 23, 2008, issue of the Texas Register.
The justification for the amendments is to ensure consistency with legislation, clarify language, and add flexibility to rule requirements.
Section 749.131 clarifies the language regarding the make-up of the governing body and more clearly addresses the persons that have a conflict of interest.
Section 749.1415 is revised so that requirements related to diseases "that may be spread through casual contact" apply only to diseases that are "reportable to the DSHS." This proposed change recognizes that foster parents require the flexibility to be present in their own home and take part in activities at the home even when they are ill with a disease that is spread through casual contact, such as a cold or the flu. Specific precautions in this rule would apply only when the disease is reportable to DSHS, such as tuberculosis or HIV/AIDS.
Section 749.3503 is revised to comply with House Bill 3997 of the 80th Legislature. HB 3997 of the 80th Legislature states, in part, that attempting to locate an alleged father is not required under certain circumstances. This rule currently requires reasonable efforts to locate an absent father. Therefore, this rule is amended to be consistent with the new law. The amendment also includes clarifying language to make the rule grammatically correct.
The amendments will function by ensuring that residential child-care operations have a clearer understanding of what is required in minimum standard rules, and children placed in residential care will benefit as a result of this increased clarity.
During the public comment period, DFPS received comments from Aggieland Pregnancy Outreach, Inc., Children's Hope International, Christian Homes & Family Services, and Lutheran Social Services. All commenters disagreed with the proposed changes to §749.3633. As a result of the comments, DFPS is withdrawing the proposed changes to §749.3633 in order to further research the issue and gain more consensus from affected child-placing agencies.
DFPS is adopting §749.131 with minor formatting changes to clarify the rule.
SUBCHAPTER C. ORGANIZATION AND ADMINISTRATION
The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC §42.042.
§749.131.What are the specific responsibilities of the governing body?
(a) The governing body is responsible for:
(1) Ensuring the agency remains fiscally sound;
(2) Overseeing and ensuring the management of the agency's services and programs in compliance with your policies;
(3) Approving and having authority over the agency's operational policies and activities which must comply with rules of this chapter;
(4) Complying with the law, including Chapters 42 and 43 of the Human Resources Code, the applicable rules of this chapter, and other applicable rules in the Texas Administrative Code;
(5) Ensuring that the majority of the voting members of the governing body consist of persons who do not have a conflict of interest that would potentially interfere with objective decision making. Persons who have such a conflict of interest include the following:
(A) Family members of:
(i) An officer;
(ii) A director; or
(iii) A person with a controlling interest in the entity's stock; or
(B) If the governing body is a non-profit entity, persons who benefit financially from the operation, including but not limited to persons employed by or working at the operation, paid consultants, subcontractors, or vendors.
(6) Carrying out governing body responsibilities assigned in the agency's policies and procedures.
(b) Regarding subsection (a)(5) of this section:
(1) Operations granted a permit by us before January 1, 2007, have two years to comply with this paragraph; and
(2) Operations granted a permit by us after January 1, 2007, have two years from the date the operation is licensed by us to comply with this paragraph.
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 July 30, 2008.
TRD-200803967
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 438-3437
DIVISION 1. MEDICAL AND DENTAL CARE
The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC §42.042.
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 July 30, 2008.
TRD-200803968
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 438-3437
DIVISION 1. BIRTH PARENT PREPARATION
The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The amendment implements HRC §42.042. and Texas Family Code §161.002(c-1), as enacted by House Bill 3997, 80th Session.
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 July 30, 2008.
TRD-200803969
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: September 1, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 438-3437