Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 103. Dental Hygiene Examination-Application 22 TAC sec.103.11 The Texas State Board of Dental Examiners adopts an amendment to sec.103.11, concerning the dental hygiene examination, without changes to the proposed text as published in the April 12, 1991, issue of the Texas Register (16 TexReg 2085). The board adopts this rule to provide for the protection of public health and welfare and enhance the quality of dental health care in Texas, and to provide the public access to information. This rule specifies what dental hygiene examinations will be given annually. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4551f(60(a)-(c), which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 14, 199. TRD-9112687 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: November 4, 1991 Proposal publication date: April 12, 1991 For further information, please call: (512) 477-2985 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 33. Early and Periodic Screening, Diagnosis, and Treatment Subchapter B. Penalties 40 TAC sec.33.13 The Texas Department of Human Services (DHS) adopts the repeal of sec.33.124 and amendments to sec.sec.33.13, 33.122, 33.306, 33.318, and 33.320, without changes to the proposed text as published in the September 10, 1991, issue of the Texas Register. DHS adopted this action on an emergency basis in the September 10, 1991, issue of the Texas Register (16 TexReg 4904) and to be effective September 1, 1991. The justification for the repeal and amendments is to comply with House Bill 1367 passed in the regular session of the 72nd Texas Legislature. The repeal and amendments revise the early and periodic screening, diagnosis, and treatment (EPSDT) medical screening periodicity schedule to conform with the frequency recommended by the American Academy of Pediatrics. The amendments allow for medically necessary medical screens to be performed without prior approval outside the periodicity schedule. The amendments will function by allowing payment without prior authorization for medically necessary exceptions to the dental periodicity schedule and for exceptions to medical screening and dental periodicity schedules when necessary to meet federal and state requirements. The amendments also will improve access of children to EPSDT program health care services. No comments were received regarding adoption of the repeal and amendments. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 199. TRD-9112721 Nancy Murphy Administrator, Policy and Document Support Texas Department of Human Services Effective date: November 5, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 450-3765 Subchapter I. Periodicity 40 TAC sec.33.122 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32 which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 199. TRD-9112722 Nancy Murphy Administrator, Policy and Document Support Texas Department of Human Services Effective date: November 5, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 450-3765 40 TAC sec.33.124 The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 199. TRD-9112723 Nancy Murphy Administrator, Policy and Document Support Texas Department of Human Services Effective date: November 5, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 450-3765 Subchapter R. Dental Services 40 TAC sec.sec.33.306, 33.318, 33.320 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 199. TRD-9112724 Nancy Murphy Administrator, Policy and Document Support Texas Department of Human Services Effective date: November 5, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 450-3765