Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 129. Student Attendance Subchapter AA. Commissioner's Rules The Texas Education Agency (TEA) proposes the repeal of s129.1021 and new sec.129.1021, concerning student attendance. Senate Bill 1, 71st Legislature, requires the State Board of Education (SBOE) to reconsider all rules affected by this provision so that any rules adopted on these matters must occur under the new rulemaking relationship between the SBOE and the Legislative Education Board. The review of the rules is to be conducted over a three-year period. All sections of Chapter 129 have been reviewed by the board and are being repealed in a separate submission. Tom Patton, director, division of state funding, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Patton and Criss Cloudt, director for planning coordination, also have determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be a clearer more concise statement of the agency's rule authority. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed sections submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register. 19 TAC sec.129.1021 (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 Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.129.1021. Optional Method of Calculating Average Daily Attendance in Districts with Significant Migrant Population. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 18, 1991. TRD-9113871 Criss Cloudt Director, Planning Coordination Texas Education Agency Earliest possible date of adoption: December 13, 1991 For further information, please call: (512) 463-9701 The new section is proposed under Senate Bill 1, sec.2.25, passed by the 71st Legislature, Sixth Called Session, which provides the State Board of Education with the authority to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.129.1021. Optional Method of Calculating Average Daily Attendance in Districts With Significant Migrant Population.
    Beginning in the 1991-1992 school year and each year thereafter, districts in which the total district enrollment contains 5.0% or more students who have certificates of eligibility in the migrant students record transfer system (MSRTS) shall have the district's annual average daily attendance (ADA) calculated by using the best four of the six-weeks periods. In no case shall the annual ADA calculated by using the best four of the six-weeks periods exceed the sum of the number of students who have certificates of eligibility plus the ADA calculated by using all six six-week periods. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 18, 1991. TRD-9113877 Criss Cloudt Director, Planning Coordination Texas Education Agency Earliest possible date of adoption: December 13, 1991 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 101. Dental Licensure 22 TAC sec.101.1 The Texas State Board of Dental Examiners proposes an amendment to sec.101.1, concerning general qualifications. The section states the general qualifications for any person desiring to practice dentistry in the State of Texas. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701. (512) 477-2985. The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.101.1. General Qualifications. (a) (No change.) (b) An applicant for licensure from the Texas State Board of Dental Examiners shall: (1) make written application to the board which shall indicate compliance with all requirements of said application to the board. Written application shall
      be received not later than 30 days prior to the announced examination date; [(2) have attained the age of 21 years of age;] [(3) furnish evidence of good moral character with the submission of three letters of personal reference;] (2)
        [(4)] present proof of graduation from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association or if the applicant has not completed [his or her] the
          last term of dental school prior to making application, the dean of the accredited school shall certify that the applicant is a candidate for graduation to occur prior to the examination date; (3) present proof of having passed the examination for dentists in its entirety given by the National Board of Dental Examiners; (4)
            [(5)] present proof of successful completion of a course in basic cardiac life support given by the American Heart Association or the American Red Cross within (12) months prior to
              [of] the applicant's examination for licensure; (5)
                [(6)] pay an examination and licensure fee as required by law and the rules and regulations of the board; and (6)
                  [(7)] satisfactorily pass either an oral, written, or clinical practical examination or any combination thereof as may be determined by the board.
                    [; and] [(8) satisfactorily pass a written examination prepared by the Texas State Board of Dental Examiners.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113956 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Chapter 103. Dental Hygiene Licensure 22 TAC sec.103.1 The Texas State Board of Dental Examiners proposes an amendment to sec.103.1, concerning general qualifications. The section states the general qualifications for any person desiring to practice dental hygiene in the State of Texas. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701. (512) 477-2985. The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.103.1. General Qualifications [Statutory Requirements.] (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 as required by law. (b) An applicant for licensure from the Texas State Board of Dental Examiners shall: (1) make written application which shall indicate compliance with all requirements of said application to the board. Written application shall be received not later than 30 days prior to the announced examination date; (2) Present proof of graduationfrom a dental hygiene school accredited by the Commission of Dental Accreditation of the American Dental Association or if the applicant has not completed the last term of dental hygiene school prior to making application, the program director of the accredited school shall certify that the applicant is a candidate for graduation to occur prior to the examination date; (3) present proof of having passed the examination for dental hygienists in its entirety given by the National Board of Dental Examiners; (4) pay an examination and licensure fee as required by law and the rules and regulations of the board; and (5) satisfactorily pass either an oral, written, or clinical practical examination or any combination thereof as may be determined by the board.
                      [A dental hygienist shall be not less than 18 years of age, a graduate of an accredited high school and of a recognized and accredited school or college of dental hygiene approved by the Texas State Board of Dental Examiners in which the course of instruction will be the equivalent of not less than two terms of eight months each and who shall have thereafter passed an examination given by and before the Texas State Board of Dental Examiners on subjects pertaining to dental hygiene, and who shall have complied with all the provisions of this Act, and the rules and regulations promulgated by the Texas State Board of Dental Examiners. Said dental hygiene school or college must be accredited by the accrediting agency of the American Dental Association.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113957 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.103.12 (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 State Board of Dental Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas State Board of Dental Examiners proposes the repeal of sec.103.12, concerning examination required. This section states that the dental hygiene law does not provide for the exchange of certificates with other jurisdictions, neither does it permit the issuance of temporary certificates of authority to practice. Certificates must be based upon applicants possessing the statutory qualifications and successfully passed the regular required exams. C. Thomas Camp, executive director has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Camp also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The repeal is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.103.12. Examination Required. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113959 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.103.13 (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 State Board of Dental Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas State Board of Dental Examiners proposes the repeal of sec.103.13, concerning national board. This section states that the dental hygiene applicant must have either the certificate issued by the National Board of Dental Examiners attesting to her having passed such examination in dental hygiene, or having been licensed to engage in the practice of dental hygiene for 10 years. C. Thomas Camp, executive director has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Camp also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The repeal is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.103.13. National Board. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113960 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.103.14 (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 State Board of Dental Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas State Board of Dental Examiners proposes the repeal of sec.103.14, concerning application deadline. This section states the criteria for deadlines for applications for dental hygiene examinations. C. Thomas Camp, executive director has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Camp also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701. (512) 477-2985. The repeal is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.103.14. Application Deadline. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113961 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Chapter 109. Conduct Fair Dealing 22 TAC sec.109.144 The Texas State Board of Dental Examiners proposes an amendment to sec.109. 144, concerning records and their transfer. The section states that a Texas dental licensee practicing dentistry in Texas shall make, maintain, and keep adequate records of diagnosis made and the treatment performed upon each dental patient. It also discusses the transfer of those records. In addition, it states that dental records are the sole property of the dentist who performs the dental service. The dentist who leaves a location, whether retirement, sale, or whatever reason, shall either take all records with him, make a written transfer of records to the succeeding dentist, or make written agreement for the maintenance of records. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.109.144. Records and Their Transfer. (a) (No change.) (b) A Texas dental licensee practicing dentistry in Texas shall make, maintain, and keep adequate records of the diagnosis made and the treatment performed for and upon each [of his] dental patient
                        [patients] for reference, identification, and protection of the patient and the dentist for a period of not less than five years.
                          [, and such] Such records shall be available for inspection by the patient after and upon appointment with the dentist. This shall not prohibit the transfer of a copy of
                            records to [another dentist] the patient
                              [for continued treatment,] or to an agreed designated consultant for ascertainment of facts. Also, this shall not prohibit the transfer of original records to another Texas dental licensee where the transferring dentist performs no treatment. The referring dentist shall retain a copy of the written record if such original transfer is made. (c) Dental records the sole property of the dentist who performs the dental service. A dentist who leaves a location, whether by retirement, sale, or otherwise, shall either take all said dental records with him,
                                [or] make
                                  a written transfer of records
                                    to the succeeding dentist, or make a written agreement for the maintenance of records
                                      , [shall be made] and the Texas State Board of Dental Examiners' Central Office shall be notified within 15 days of any such event, giving full information concerning the dentists and location(s) involved. A maintenance of records agreement shall not transfer ownership of the dental records, but shall require: that the dental records be maintained in accordance with the laws of the State of Texas and the rules of the Texas State Board of Dental Examiners; and that the dentist(s) performing the service(s) recorded shall have access to and control of the records for purposes of inspection and copying. A maintenance or records agreement may be made at any time in an employment or other working relationship between a dentist and another entity. A maintenance of records agreement may apply to all or any part of the dental records generated in the course of the relationship, including future dental records.
                                        [The information in this subsection does not apply to a dental employee of another dentist where the dental records belong to the employing dentist.] (d)-(e) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113962 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Mobile or Moveable Offices 22 TAC sec.109.153 The Texas State Board of Dental Examiners proposes an amendment to sec.109. 153, concerning practice requirements: upon approval. The section states that all dental service is to be performed upon indigents or those physically unable to be transported to a dental office. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.109.153. Practice Requirements: Upon Approval. In addition to the provisions of sec.109.152 of this title (relating to Applications for Practices Other Than the Regular Office Location(s)), the following is also required. (1)-(2) (No change.) (3) that all dental service is to be performed on indigents [only] or those physically unable to be transported to a dental office; (4)-(5) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113964 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Anesthesia and Anesthetic Agents 22 TAC sec.109.174 The Texas State Board of Dental Examiners proposes an amendment to sec.109. 174, concerning sedation/anesthesia permit. The section states the annual renewal fees for dental license renewal certificates. It also states fees for new permit issuances after March 1, 1992. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.109.174. Sedation/Anesthesia Permit. (a)-(g) (No change.) (h) Annual dental license renewal certificates shall include the annual permit renewal, except as provided for in subsection (g) of this section, and shall be assessed an annual renewal fee of $5.00, payable with the license renewal beginning March 1 and thereafter. New permit issuances will be charged a $25 fee, payable with the application for permit, beginning March 1, 1992. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113965 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.109.175 The Texas State Board of Dental Examiners proposes an amendment to sec.109. 175, concerning permit requirements. The section states standard of care requirements of the inhalation conscious sedation procedure. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.109.175. Permit Requirements. (a) Nitrous oxide/oxygen inhalation conscious sedation. To induce and maintain this type of conscious sedation on patients having dental/oral and maxillofacial surgical procedures in the State of Texas, the following requirements must be met. (1) (No change.) (2) Standard of care requirements. (A) (No change.) (B) Each dentist shall induce, monitor, and provide continuous personal supervision of the inhalation conscious sedation procedure, or the dentist shall induce and may delegate under direct supervision, as defined in sec.109.172,
                                          of this title (relating to Definitions) the monitoring of the nitrous oxide inhalation conscious sedation procedure to a dental auxiliary who has [furnish proof to the board of the successful completion of a board-approved course of instruction in the nitrous oxide inhalation conscious sedation procedure] been certified by the board. Certification is obtained by successful completion of a written examination offered by the board on said subject. (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113966 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Retired Status 22 TAC sec.109.181 The Texas State Board of Dental Examiners proposes new s109.181, concerning educational or other requirements. This section, states the requirements for continuing or remedial education courses for a retired dentist who has applied to be reinstated into active practice. Thomas Camp, executive director, has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section as proposed will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) - (c), which provides 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. sec.109.181. Educational or Other Requirements. (a) The board may require continuing or remedial education courses of a retired dentist who has applied to the board to reinstate the dental license to active status to re-enter active practice. A dentist who applies to re-enter active practice must comply with all other applicable provisions of the Dental Practice Act and rules of the board and must not have been convicted of any felony offense during the term of retired status. Further, at the time retired status was granted, the dentist must have been in compliance or satisfied all conditions of any board order that may have been in effect. (b) In keeping with public health and safety, the board may in its discretion, require compliance with other reasonable conditions in consideration a request to re-enter active practice. (c) The board may charge a reasonable administrative fee for a request to re- enter active practice and shall annually review such fee to determine whether it is adequate or in excess of actual costs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113967 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Infection Control 22 TAC sec.109.220 The Texas State Board of Dental Examiners proposes new s109.220 concerning purpose. This section states the purpose of rules in this subchapter to establish proper sterilization, disinfection, and other infection control procedures in the practice of dentistry. Thomas Camp, executive director, has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section as proposed will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) - (c), which provides 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. sec.109.220. Purpose. The purpose of rules contained in this subchapter is to establish proper sterilization, disinfection, and infection control procedures in the practice of dentistry. Failure of a dental health care worker to practice and maintain these standards constitutes a significant danger to public health and safety. Any violation of these rules regarding infection control in this subchapter and other applicable statutes, rules, or regulations that may be incorporated by reference herein or that may apply otherwise through federal or state mandate or regulation shall be considered a failure to safeguard the public interest and thus shall constitute, at a minimum, negligence in the performance of dental services and failure to use proper diligence in the conduct of dental practice, pursuant to Texas Civil Statutes, Article 4549 sec.3. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113968 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.109.221 The Texas State Board of Dental Examiners proposes new s109.221 concerning definitions. The section, states the definitions of the terms exposure-prone procedure, health care worker, invasive-procedure, and universal precautions as those terms are defined in the Texas Health and Safety Code, sec.85.202 as amended, Act 72 Legislature, First Called Session, sec.36, Chapter 14 (1991) and guidelines from the Centers for Disease Control as applied to the practice of dentistry. Thomas Camp, executive director, has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section as proposed will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) - (c), which provides 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. sec.109.221. Definitions. The following words or terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. The definitions of the terms exposure-prone procedure, health care worker, invasive-procedure, and universal precautions, as those terms are defined in the Texas Health and Safety Code, sec.85.202, as amended, Act, 72nd Legislature, First Called Session, sec.36, Chapter 14 (1991), (hereinafter reference as THSC) and guidelines from the Centers for Disease Control, (CDC) as applied to the practice of dentistry, are incorporated herein by reference. Barrier techniques -The use of protective items against infection-transmission during any intraoral or invasive procedure to include appropriate gloves for the procedure performed. This definition shall include protective eye wear and nasal/oral masks when "splash, spatter, or aerosol" of body fluids in possible or expected. Disinfection-The partial elimination of active growth stage bacteria and the inactivation of some viruses. The potential for infection remains after disinfection, including tubercle bacilli and A and B hepatitis viruses. HTLV 3 LAV (Aids virus) may also remain active following disinfection. Sterilization-A process by which all forms of life within a defined environment are completely destroyed. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113969 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.109.222 The Texas State Board of Dental Examiners proposes new s109.222, concerning required sterilization and disinfection. The section states that sterilization and disinfection is required for all surgical and other instruments used intraorally or extraorally that are used invasively or in a contact with or penetration of soft tissue, bone, or other hard tissue. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) - (c), which provides 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. sec.109.222. Required Sterilization and Disinfection. (a) Sterilization is required for all surgical and other instruments that may be used intraorally or extraorally, where these instruments may be used invasively or in contact with or penetration of soft tissue, bone or other hard tissue. Other nonsurgical instruments that may come into contact with tissue such as plastic instruments must be disinfected with an American Dental Association-registered solution that destroys the tubercule bacillus and group A lipid soluble viruses. (b) All instruments subject to sterilization must undergo at least one of the following procedures: (1) steam autoclave; (2) chemical vapor; (3) dry-heat oven; (4) ethylene oxide; (5) chemical sterilant (used in dilution amounts and time periods according to manufacturer's recommendations). (c) Following a dental procedure, all instrumentation and operatory equipment that may have become contaminated with blood, saliva, or tissue debris must be disinfected and/or sterilized by a CDC or ADA-approved method, where appropriate, before utilization again for patient care. (d) Prior to sterilization, all instruments must be free of any visible debris and must be scrubbed thoroughly with a detergent and water solution or through an ultrasonic device containing cleaning solution. (e) Oral prosthetic appliances or devices from a dental laboratory must be washed with a detergent and water solution, rinsed, disinfected, and rinsed before the appliance or device is placed into a patient's mouth. (f) Disposable (non-sterilizable) items, including, but not limited to gloves, needles, intravenous fluids, intravenous administration tubing, intravenous catheters/needles, and like items, shall not be used for more than one patient. (g) All items contaminated by body fluids during patient care must be treated as biohazardous material. Before extracted teeth are returned to a patient or other party, the teeth must be rendered non-biohazardous. All contaminated items must be disposed of through established CDC guidelines for such disposal. Teeth or tissue fragments to be used for microscopic, testing, or educational purposes must be sterilized, or they must be handled and stored as biohazardous material until sterilization is performed. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113970 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.109.223 The Texas State Board of Dental Examiners proposes new s109.223, concerning dental health care workers. The section states all dental health care workers shall comply with universal precautions as prescribed for dentistry by the Centers for Disease Control and THSC sec.85.202, et seq as amended, 1991, in the care, handling, and treatment of patients in the dental office or other setting where dental procedures of any type may be performed. C. Thomas Camp, executive director, has determined that for the first five-year period the 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. Camp, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) - (c), which provides 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. sec.109.223. Dental Health Care Workers. (a) All dental health care workers shall comply with universal precautions, as prescribed for dentistry by the Centers for Disease Control and the Texas Health and Safety Code, (THSC), sec.85.202, et seq, as amended, 1991, in the care, handling, and treatment of patients in the dental office or other setting where dental procedures of any type may be performed. (b) All dental health care workers who have exudative lesions or weeping dermatitis shall refrain from contact with equipment, devices, and appliances that may be used for or during patient care, where such contact holds potential for blood or body fluid contamination, and shall refrain from all patient care and contact until the condition(s) resolves unless barrier protection would prevent patient contamination. (c) A dental health care worker(s) who is infected with HIV or HBV and who is HBeAg positive may not perform any exposure-prone procedures unless and until the worker has reported to the board and has sought and received counsel from an expert review panel as to what procedures, if any, the worker may continue to perform, pursuant to provisions of THSC, sec.85.203, et seq, as amended, 1991. (d) An expert review panel shall be named upon, or as soon thereafter as possible, the effective date of these rules and shall be comprised of experts designated by the Board in the fields of infectious disease with emphasis in HIV and HBV epidemiology, oral pathology, dental procedures, oral/maxillofacial surgery, and public health. The expert review panel shall conduct its review(s) and make its determinations with confidentiality, except that such information shall be reported to the TSBDE as provided herein. The release of information by the panel, relating to the worker's infectious disease status shall be to the Board Secretary and executive director, and any such information shall be utilized only for the purposes of monitoring the worker's compliance with conditions set by the review panel. In each instance of panel review of a health care worker's infectious disease status, the panel shall include, where possible, the health care worker's personal physician. (e) A dental health care worker periodically may petition the panel through the board for any redetermination(s) by the panel as to change in the worker's status for purposes of reassessing patient-care duties that may or may not be performed. (f) A dental health care worker who is infected with HIV or HBV and is HBeAg positive and who is not restricted from performing exposure-prone procedures must comply with all infection control rules herein to include universal precautions, applicable to dentistry, as those are set out by the Centers for Disease Control and provisions of THSC, sec.85. 201, et seq as amended, 1991. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113971 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.109.224 The Texas State Board of Dental Examiners proposes new s109.224, concerning disciplinary procedures. The section states the disciplinary procedures for dental health care workers who fail to comply with notification to the board within 24 hours, or next working day, of confirmed testing of positive results for HIV and HBV antibodies. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) - (c), which provides 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. sec.109.224. Disciplinary Procedures. (a) A dental health care worker who fails to comply with notification to the Board within 24 hours, or the next working day, of confirmed testing of positive results for HIV and HBV antibodies shall be subject to disciplinary action for license revocation or suspension, as may be determined by the board in accord with Article 4549, sec.3, et seq. (b) A dental health care worker who is subject to the review panel's counsel and prescribed conditions for practice, and who is allowed to continue to practice in part or in total, shall be subject to monitoring on an unannounced basis by a representative designated by the board through its executive director as to compliance with all terms and conditions of the panel's determination and for any other matters of compliance with these rules. (c) A dental health care worker who is subject to the review panel's counsel, and who experiences a break in protective barrier technique while treating a patient, is required to temporarily cease treatment until the protective barrier can be fully restored. If bleeding or body fluid exposure to the patient presents a continued potential exposure after protective barrier restoration, the infected health care worker must cease further direct contact or treatment of that patient, but the health care worker shall be responsible for the safety of said patient in the procedure termination. Following a protective barrier break, the infected health care worker must file an oral report with the TSBDE Director no later than 24 hours, or the next working day, following the occurrence. The oral report must be followed with a written report within 72 hours to the director who shall cause a copy of said report to be filed with the expert review panel. Failure of the health care worker to do so shall result in immediate disciplinary action by the board, after review and consultation with the review panel, in accord with the section herein. For purposes of this section, a break in protective barrier includes, but is not limited to, a cut, tear, or puncture in gloves or a cut, abrasion, or break of the skin which could expose the patient to the potential for infection. (d) A dental health care worker who is found to be in violation of the review panel's determinations of the worker's conditions of practice as established by the panel, or in violation of universal precautions and these rules, is subject to disciplinary action by the board as described in subsection (a) of this section. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113976 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Chapter 113. Requirements for Dental Offices 22 TAC sec.113.2 The Texas State Board of Dental Examiners proposes an amendment to sec.113.2, concerning x-ray laboratories. The section states that laboratories such as x- ray laboratories must be in the dental office of a legally practicing dentist. All patients must be protected during the time of exposure to x-rays with a lead apron and equipment that is properly monitored by the authorized agency. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provides 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. sec.113.2. X-Ray Laboratories.
                                            Laboratories such as x-ray laboratories must be in the dental office of a legally practicing dentist. All dental employees are subject to the dentist's supervision and control and such "laboratories" cannot be at a location where the dentist is not present and in control. All patients in the dental office must be protected during the time of direct exposure to x-rays
                                              with a lead apron and by equipment that is properly monitored by the authorized agency
                                                [during the time of any direct exposure to x-rays]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113972 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 22 TAC sec.113.5 The Texas State Board of Dental Examiners proposes new s113.5, concerning employment of dental hygienists. The section states that a dentist may not employ more than three dental hygienists or the equivalent thereof, to practice dental hygiene for one dentist at any one time. C. Thomas Camp, executive director has determined that for the first five-year period the 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. Camp also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to bring Agency rules into compliance with the new statutes as passed by the Legislature. Also, 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. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) - (c), which provides 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. sec.113.5. Employment of Dental Hygienists. A dentist may not employ more than three dental hygienists, or the equivalent thereof, to practice dental hygiene for one dentist any one time, regardless of the employment or contractual relationships. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113973 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Chapter 115. Extension of Duties of Auxiliary Personnel Dental Hygiene The Texas State Board of Dental Examiners proposes amendments to sec.115.2 and sec.115.10, concerning permitted duties and radiologic procedures. Section 115.2 states the duties a dental hygienist may perform in the dental office of his/her employer under his/her supervision, direction and responsibility. Section 115.10 states the criteria necessary for a dentist to certify that a dental assistance is qualified to perform radiographic procedures. C. Thomas Camp, executive director, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Camp also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections as proposed will be to bring agency rules into compliance with the new statutes as passed by the Legislature. Also, the sections will provide for the protection of pubic health and welfare and enhance the quality of dental health care in Texas, and to provide the public access to information. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Mei Ling Clendennen, Texas State Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. Dental Hygiene 22 TAC sec.115.2 The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(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. sec.115.2. Permitted Duties. In addition to those duties identified in Article 4551e-1(b)(2),
                                                  [(a) A] a dental hygienist may perform the following services and procedures in the dental office of his/her dentist-employer under his/her [direct] supervision, direction and responsibility, to wit: [(1) the removal of accumulated matter, tartar, deposits, accretions or stains, except mottled enamel stains, from the natural and restored surfaces of human teeth, and restorations therefore to the depth of the free giving attachment in the human mouth and the polishing of said surfaces; [(2) topical application of drugs to the surface tissues of the human mouth and to the exposed surface of human teeth; [(3) expose and develop radiographs; [(4) take and record pulse, blood pressure, and temperature; [(5) floss the teeth, make preliminary inspection of the mouth and teeth, and chart the findings; [(6) remove or receive removable dental prostheses for cleaning or repair; [(7) insert cleaned or repaired removable dental prostheses; [(8) remove ligature ties, cut and tuck ligatures, remove tension devices and any loose or broken bands or arch wires; [(9) a tension device usually or normally placed in the mouth of a patient by such patient, may be placed in such patient's mouth; a tension device not controllable by the patient shall only be placed and/or activated by the dentist; [(10) remove sutures; [(11) insert or remove temporary medicinal fillings with hand instruments. This does not include alloy, gold, plastics, porcelain, composites, or any restorative material; [(12) insert or remove socket dressings; [(13) place or remove periodontal packs; [(14) make dental plaque and oral mucosal smears; [(15) root planing; [(16) place or remove celluloid or plastic strips between teeth for subsequent placement of filling by the dentist. Place or remove temporary nonmetallic separating devices, place or remove preformed crowns or bands for determining size. The dentist shall shape, festoon, contour, fit, seat, or cement all crowns and bands. [(17) place or remove rubber dam;] (1)
                                                    [(18)] apply pit and fissure sealants only after completing a course of instruction in a Texas dental or dental hygiene school or college approved by the Texas State Board of Dental Examiners; [(19) place ligatures only on those sections of arch wires which have been securely seated in the bracket or tube by the dentist. [(20) placing or removing a matrix. (2)
                                                      [(21)] [Monitoring of the] monitor
                                                        nitrous oxide inhalation conscious sedation procedures
                                                          [procedure] under the direct supervision of a dentist as provided in sec.109.175(a)(2)(B) of this title (relating to Permit Requirements). [(b) A dental hygienist may perform the following services and procedure in the dental office of his/her dentist-employer under his/her direct supervision, direction, and responsibility, to wit: [(1) place or remove celluloid or plastic strips between teeth for subsequent placement of filing by the dentist. Place or remove temporary nonmetallic separating devices, place or remove preformed crowns or bands for determining size. The dentist shall shape, festoon, contour, fit, seat, or cement all crowns and bands; [(2) place or remove rubber dam; [(3) apply pit and fissure sealants only after completing a course of instruction in a Texas dental or dental hygiene school or college approved by the Texas State Board of Dental Examiners; [(4) place ligatures only on those sections of arch wires which have been securely seated in the bracket or tube by the dentist; [(5) placing or removing matrix; [(6) monitoring of the nitrous oxide inhalation conscious sedation procedure under the direct supervision of a dentist as provided in sec.109.175(a) (2)(B); [(c) The fitting, adaption, seating, and cementation of any fixed dental applicant or restoration, including but not limited to inlays, crowns, bands, space maintainers or retainers, habit devices, or splints, whether temporary or permanent, shall only be done by the dentist.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113974 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 Dental Hygiene 22 TAC sec.115.10 The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a) -(c), which provides 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. sec.115.10. Radiologic Procedures. (a)-(e) (No change.) (f) A registered dentist may certify that a dental assistant is qualified to perform radiographic procedures if any one of the following criteria is met: (1)-(2) (No change.) [(3) have been employed as a dental assistant for three years prior to January 1989 and performed radiologic procedures during this three year time period (note this provision will be eliminated January 1, 1991);] (3)
                                                            [(4)] has taken and passed an examination specified by the TSBDE. This test shall be constructed by a Radiologic Advisory Committee appointed by the board. Essential areas of testing shall include but not be limited to the following areas: (A) radiation protection for the patient and others; (B) radiographic equipment including safety standards, operations, and maintenance; (C) image production and evaluation; (D) applied human dental anatomy; (E) radiographic techniques. [(g) As of December 31, 1988, presently employed assistants, who are not qualified under this section, will have until August 31, 1989, to successfully pass the examination.] (g)
                                                              [(h)] Dental assistants who are not qualified under the provisions of this section, shall be allowed to perform necessary diagnostic radiographs under the direct supervision of the dentist as a part of their training and as a part of their examination. (h)
                                                                [(i)] Any new dental assistants, with no previous experience in dentistry, will have up to six months to come into compliance with the provisions of these regulations if they are to perform radiographic procedures. (i)
                                                                  [(j)] Any dental assistant (who qualifies under this rule) hired by the licensee after he/she has submitted his/her annual registration notice, shall be deemed registered if the licensee lists the assistants name and date of employment on the back of the registration notice. (j)
                                                                    [(k)] All dental radiologic procedures can be performed by and person qualified and certified under this section. (k)
                                                                      [(l)] Registration may be suspended, revoked, or not renewed for the following reasons: (1) violation of the rules of the Texas State Board of Dental Examiners; (2) violation of the Medical Radiologic Technologist Certification Act or rules promulgated thereunder; or (3) violation of the Texas Dental Practice Act. (l)
                                                                        [(m)] All registrants must comply with the rules and regulations of the Texas Department of Health for control of radiation. (m)
                                                                          [(n)] These rules are effective January 1, 1989. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 5, 1991. TRD-9113975 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 477-2985 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 5. Property and Casualty Insurance Subchapter E. Texas Catastrophe Property Insurance Association Plan of Operation 28 TAC sec.5.4001 The Texas Department of Insurance proposes an amendment to sec.5.4001, concerning the plan of operation of the Texas Catastrophe Property Insurance Association (TCPIA). The amendment is necessary to incorporate changes to the plan of operation required by House Bill 2 as enacted by the 72nd Texas Legislature. The amendment to subsection (b)(2) provides for the method of determining the board of directors of the association. The total number of directors of the association is nine, with five directors elected from the membership of the association, two directors appointed by the board from the public section based on nominations by the Office of Public Insurance Counsel and two directors which are licensed local recording agents appointed by the State Board of Insurance. The amendment sets forth the procedures for the election of the directors and the appointment of the directors, with the new board of directors to assume office on March 1, 1992. The requirements for notice of regular and emergency meetings of the directors is established with 10 days notice to directors of a regular meeting and at least two hours notice to directors of an emergency meeting. In addition, any meeting of the board of directors of the association by conference call is also subject to the same requirements applicable to other meetings of the board of directors. Any executive committee must consist of three of the directors of the association comprised of the chairman, vice-chairman and secretary-treasurer. At least one director appointed by the State Board of Insurance must be elected as a member of the executive committee. The powers of the executive committee are only those delegated by the board of directors in the actual day to day administrative management of the association. Any vacancy occurring on the board of directors is to be filled either by election from the membership of the association if an elected directorship is vacant or by appointment of the State Board of Insurance if an appointed directorship is vacant. The amendment to subsection (b)(3) provides for a rotation of directors elected as officers at least every two years. The amendment to subsection (d)(1)(c)(i) provides the maximum limits of liability will be set forth in the rules manual as adopted under 28 TAC sec.5. 4501 and the amendment to subsection (d)(1)(c)(iii) provides that the maximum limits of liability will be adjusted for inflation as part of the annual hearing on property rates by the State Board of Insurance. The amendment to subsection (d)(4)(D) provides for the proper appeals process in the event of a disputed claim. A person has the right to appeal the association's determination either to the commissioner of insurance by written request to the commissioner within 30 days after the determination, under Insurance Code, Article 21.49, sec.9, or bring an action against the association in the county in which the covered property is located or in a District Court of Travis County under Insurance Code, Article 21.49, sec.9A. A person may not proceed under both the Insurance Code, sec.9 and sec.9A for the same determination by the association. If a person files an appeal with the commissioner of insurance, the person has the option of a hearing in the county in which the covered property is located or in Travis County. Subsection (e)(1)(A)(vii) incorporates specific roofing material standards to be applicable to risks located in the catastrophe area. The amendment to subsection (e)(4) is added to clarify that property built prior to January 1, 1988, that was subject to the construction standards of a recognized building code or was previously insured for windstorm coverage through a licensed insurer will be considered insurable and may obtain coverage through the TCPIA. Lyndon Anderson, deputy commissioner, property division, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section since this rule tracks the requirement of statutory law already enacted, and there will be no effect on local employment or local economy. Mr. Anderson also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will the assurance of a plan of operation for the TCPIA that is in compliance with all applicable statutory law as enacted. Since the plan of operation of the TCPIA governs the overall operation of the TCPIA, a correct and consistent plan assures the continued existence of a viable market for windstorm insurance along the Texas seacoast. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Lyndon Anderson, Deputy Commissioner for Property Insurance, Mail Code 103-1A, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The amendment is proposed under the Insurance Code, Article 21.49 sec.5(c), which requires the State Board of Insurance to adopt the plan of operation of the Texas Catastrophe Property Insurance Association or any amendment thereto. sec.5.4001. Plan of Operation. (a) (No change.) (b) Operation of the Texas Catastrophe Property Insurance Association. (1) (No change.) (2) Directors. (A) Election. At the first annual meeting of members and at each annual meeting thereafter, the members shall elect the appropriate number of
                                                                            directors from the membership of the association in accordance with subparagraph (B) of this paragraph. Directors, other than from the membership, shall be appointed in accordance with subparagraph (C) of this paragraph
                                                                              [to hold office until the next succeeding annual meeting]. The total number of directors of the association shall be nine. (B) Directors elected from the membership.
                                                                                [Membership.] [(i) The number of directors of the association shall be nine.] (i)
                                                                                  [(ii)] Five
                                                                                    directors shall be five different insurers licensed in Texas and
                                                                                      [separate] members of the association,
                                                                                        [representing each of the following organizations: [(I) American Insurance Association; [(II) Alliance of American Insurers; [(III) National Association of Independent Insurers; [(IV) Association of Fire and Casualty Companies in Texas; and [(V) Texas Insurance Advisory Association,] and elected by the members. [The remaining four directors shall be members elected by the members at the annual meeting.] No member shall fill more than one seat on the board of directors. (ii) No later than 60 days prior to the annual meeting in March 1992, the
                                                                                          board of directors shall [select a nominating committee of five member companies, one from each of the previously listed organizations. The five directors representing the previously listed organizations shall be nominated by the nominating committee.] nominate the five-member companies to serve on the board of directors. In making such nominations, the board of directors shall consider the following factors in nominating a member to serve. (I) A minimum of three members shall be companies with multistate operations. (II) A minimum of one member shall be a company domiciled in the State of Texas. (III) Consideration should be given to voluntary market shares of members; voluntary participation in the catastrophe area; specific expertise in the underwriting, claims handling, or reinsurance of insurance required to be provided by the association; companies that represent as far as possible the view of the member companies; and other factors deemed relevant by the board of directors. (iii) No later than 60 days prior to the annual meetings occurring after March 1992, the chairman shall appoint a nominating committee of not less than three-, nor more than seven-member companies, each to act through its designated representative, said committee to represent as far as possible the view of the member companies. Said committee shall prepare and present to member companies a list of nominations for the board of directors. (iv) Members also have the right to nominate any member
                                                                                            [The remaining four directors may be nominated by any member of the Association] by submitting such nominee's name to the nomination committee. In order to be eligible for election to the board of directors, a member must be nominated at least 30 days prior to the annual meeting at which directors are elected. (C) Directors appointed by the State Board of Insurance. The number of directors composed of licensed local recording agents and members of the public shall be four. Each of these directors must be from different counties in the designated catastrophe area. (i) The State Board of Insurance shall appoint two public representatives nominated by the Office of the Public Insurance Counsel to serve on the board of directors. The public representatives shall be persons who are policyholders of the association as of the date of appointment. (ii) The State Board of Insurance shall appoint two licensed local recording agent representatives to serve on the board of directors. (D)
                                                                                              [(C)] Term of office. Each director shall hold office for the term of three years from the date of election or appointment
                                                                                                or until a successor shall have been elected or appointed
                                                                                                  [and qualified]. The terms of the directors shall be staggered so that [at each annual meeting of the members,] three directors shall be elected by the membership of the association and/or appointed by the State Board of Insurance annually
                                                                                                    . At the first annual meeting of the members subsequent to the adoption of this rule, [all nine] five
                                                                                                      directors shall be elected by the membership and on or before the March 1992 annual meeting, the State Board of Insurance shall appoint the remaining four directors. Such
                                                                                                        [and such] directors shall draw lots to determine whether their initial terms shall be one, two, or three years. If a director has served two full three-year terms, such member shall provide for a reasonable rotation of persons designated to serve on the board of directors. (E)
                                                                                                          [(D)] Regular meetings. A regular meeting of the board of directors shall be held with
                                                                                                            [with out other] notice to the directors at least 10 days before each regular meeting as
                                                                                                              [than] provided for herein[, immediately after and at the same place as the annual meeting of the members. The board of directors may provide, by resolution, the time and place for the holding of additional regular meetings without other notice than such resolution]. Notice of any regular meeting of the directors shall also be given the Texas Department of Insurance in care of the deputy commissioner of property, as required by the Texas Insurance Code, Article 21.49, sec.5(k). Public notice of meetings shall be given as required by the Texas Civil Statutes, Article 6252-17. (F)
                                                                                                                [(E)] Notice of regular or emergency
                                                                                                                  [special] meeting. (i) Notice of any regular
                                                                                                                    [special] meeting shall be given to the directors
                                                                                                                      at least 10 [three] days prior thereto by notice delivered personally or mailed to each director at his business address or by telegram, or such other reasonable means of notice to provide actual notice to each director.
                                                                                                                        If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, so addressed with postage thereon prepaid. If the notice be given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph company. If the notice is by other reasonable means, the association shall maintain a written record of the method of notification.
                                                                                                                          Any director may waive notice of any meeting. The attendance of a director at a meeting shall constitute a waiver of notice to the director
                                                                                                                            of such meeting, except where a director attends a meeting for the express purpose of objection to the transaction of any business because the meeting is not lawfully called or convened. (ii) In case of emergency or urgent public necessity, notice to directors and to the Texas Department of Insurance shall be given at least two hours before a meeting is convened. Notice to the pubic shall be given as required for an emergency meeting pursuant to the Texas Civil Statutes, Article 6252-17, sec.3A. (iii) Any meeting of the board of directors of the association conducted by conference call is subject to the same requirements applicable to other meetings of the board of directors. (G)
                                                                                                                              [(F)] Regular or emergency
                                                                                                                                [Special] meetings. Regular or emergency
                                                                                                                                  [Special] meetings of the board of directors may be called by the chairman of the board, or at the request of any two directors. The person or persons authorized to call a meeting
                                                                                                                                    [special meetings] of the board of directors may fix any place as the place for holding any [special] meeting of the board of directors called by them. If no place is designated, then the office of the association shall serve as the place of such meeting. (H)
                                                                                                                                      [(G)] Statement
                                                                                                                                        [No statement] of purpose of meeting required. The
                                                                                                                                          [Neither the] business to be transacted at, and [nor] the purpose of, any regular or emergency
                                                                                                                                            [or special] meeting of the board of directors shall
                                                                                                                                              [need] be specified in the notice to directors and in notice required by statute as required by the Texas Civil Statutes, Article 6252-17
                                                                                                                                                [or waiver of notice of such meeting]. (I)
                                                                                                                                                  [(H)] Quorum. A majority of the number of directors fixed by this section
                                                                                                                                                    [paragraph] shall constitute a quorum for the transaction of business at any meeting of the board of directors. Action taken by a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors. If at any meeting of the board of directors there shall be less than a quorum present, a majority of those present may adjourn the meeting from time to time until a quorum is obtained[, and no further notice thereof need be given other than by announcement at said meeting which shall be so adjourned]. (J)
                                                                                                                                                      [(I)] Presumption of assent. A director of the association who is present at the meeting of the board of directors at which action on any matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the minutes of the meeting, or unless he shall file his written dissent to such action with the person acting as secretary of the meeting before the adjournment thereof, or shall forward such dissent by registered mail to the secretary of the association immediately after the adjournment of the meeting. Such right to dissent shall not be available to a director who voted in favor of such action. (K)
                                                                                                                                                        [(J) ] Compensation. By resolution of the board of directors, the directors may be reimbursed for their actual expenses. No other payment shall be made to directors other
                                                                                                                                                          than provided herein, except however, that nothing herein shall be construed as preventing any director from serving the association in any other capacity and receiving reimbursement for actual expenses incurred. (L)
                                                                                                                                                            [(K)] General powers. The board of directors shall have the management of the business and affairs of the association and may exercise all of the powers herein enumerated and all other powers incidental or appropriate thereto, subject only to the restrictions imposed by law. Included among the powers of the board of directors, but not in limitation thereof are the following: (i)-(x) (No change.) (M)
                                                                                                                                                              [(L)] Executive committee. [The board of directors, by resolution or resolutions passed by a majority of the whole board of directors, may designate an] An
                                                                                                                                                                executive committee [to] shall
                                                                                                                                                                  consist of three [or more] of the directors of the association comprised of the chairman, vice- chairman, and secretary-treasurer. At least one director appointed by the State Board of Insurance must be elected as a member of the executive committee.
                                                                                                                                                                    To the extent provided by
                                                                                                                                                                      [in said] resolution or resolutions of the board of directors
                                                                                                                                                                        , the executive committee shall have and may exercise the powers [of] delegated by
                                                                                                                                                                          the board of directors in the day to day administrative
                                                                                                                                                                            management [of the business and affairs] of the association. Such committee
                                                                                                                                                                              [committees] shall keep regular minutes of its proceedings and report the same to the board of directors. The delegation to a committee of authority consistent with this section shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him by law. (N)
                                                                                                                                                                                [(M)] Vacancies. (i) (No change). (ii) Any vacancy occurring in the directors
                                                                                                                                                                                  [board of directors] elected from the membership
                                                                                                                                                                                    may be filled at the next meeting of the board of directors following the occurrence of such vacancy. Subject to the provisions of subparagraph (B) hereof
                                                                                                                                                                                      [of this paragraph], such vacancy shall be filled by the affirmative vote of a majority of the remaining directors elected from the membership
                                                                                                                                                                                        though less than a quorum. A director elected to fill a vacancy shall be elected for the unexpired term of its predecessor in such directorship. (iii) Any vacancy occurring in the directors appointed by the State Board of Insurance shall be filled by appointment of a new director in accordance with the provisions of subparagraph (C) hereof. [(N) Election to new directorship. In the event of the creation of one or more new directorships by amendment of this section, then any directorship to be filled by reasons of such an increase in the number of directors shall be filled by election at an annual meeting of the members or a special meeting of the members, for that purpose.] (3) Officers. (A) Number. The officers of the association shall be the chairman of the board of directors, the vice chairman of the board of directors, and
                                                                                                                                                                                          the secretary-treasurer, [and such other officers as the board of directors may desire,] all of whom shall be elected by the board of directors. No two offices may be held by the same person. The chairman, vice-chairman, and secretary- treasurer shall comprise the executive committee. At least one director appointed by the State Board of Insurance must be elected as a member of the executive committee. (B) Election and term of office. The officers of the association may be elected annually by the board of directors at the first meeting of the board of directors held after each annual meeting of the members. If the election of officers shall not be held at such meeting such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until his successor shall have been duly elected and shall have qualified or until his death or until he shall resign or shall have been otherwise removed. The board of directors shall provide for a rotation of directors elected as officers at least every two years. (C)-(F) (No change.) (4)-(7) (No change.) (c) (No change.) (d) Catastrophe insurance. (1) The policy. (A)-(B) (No change.) (C) Limits of liability. (i) The maximum limits of liability shall be determined by statute and set forth in the rules manual of the association adopted pursuant to sec.5.4501 of this title (relating Rules and Regulations for Texas Catastrophe Property Insurance Association). [Catastrophe insurance shall not provide insurance coverage for any one insurable interest in excess of: [(I) $200,000 per location for dwellings as defined in the special dwelling, homeowners, farm and ranch property owners schedules of the Texas general basis schedules or as such schedules may hereafter be revised; and (II) $1 million per location for all other classes of property. On public property including churches, hospitals, and schools, the association shall furnish assistance in arranging for amounts of insurance outside the association in excess of the limits per location set forth herein or, if excess insurance outside the association is not available, the association will, if available, arrange for reinsurance which would enable the association to write amounts of insurance in excess of the limits per location set forth herein. (III) "Location" as used in subclauses (I) and (II) of this clause shall mean each structure insured, and/or the corporeal moveable property located therein.] (ii) In the event that the value of any risk exceeds the maximum amounts set forth in the rules manual
                                                                                                                                                                                            [previously], the association may waive the coinsurance requirements and charge a rate on a negotiated basis in accordance with procedures subject to review by the State Board of Insurance. (iii) Limits of liability for risks required to be insured by the association shall be adjusted for inflation as part of the annual hearing on property rates by the State Board of Insurance after January 1, 1992, to reflect any changes in the cost of construction or residential values in the catastrophe area as determined by credible indexes. Indexing of liability limits shall apply after January 1, 1991. (D) (No change.) (2)-(3) (No change.) (4) Payment of Claims. (A)-(C) (No change.) (D) Notice of appeal. (i) The association shall, immediately upon total or partial denial of
                                                                                                                                                                                              [partially denying] a claim of any person insured pursuant to the Insurance Code, Article 21.49, give written notice by certified mail, return receipt requested, to such person of the right to appeal such total or partial denial under the Insurance Code, Article 21.49, sec.9 and/or sec.9A
                                                                                                                                                                                                . An offer of less than the amount claimed on the claimant's proof of loss is considered a partial or total denial of a claim. The notice must, at a minimum, contain the following information placed in a prominent position: (I) (No change). (II) a statement that the person has the right to appeal the association's determination either
                                                                                                                                                                                                  to the commissioner
                                                                                                                                                                                                    [State Board] of insurance under the Insurance Code, Article 21.49, sec.9; or bring an action against the association in the county in which the covered property is located or in a district court of Travis County under the Insurance Code, Article 21.49, sec.9A. A person may not proceed under both the Insurance Code, sec.9 and sec.9A for the same determination by the association; (III) a statement that, under applicable law, an aggrieved person who chooses to appeal [must appeal] to the commissioner
                                                                                                                                                                                                      [State Board] of insurance must make a written request to the commissioner
                                                                                                                                                                                                        within 30 days after such determination of the association; (IV) a statement of the date of such determination; [and] (V) a statement that a person who files a written notice of appeal to the commissioner of insurance is entitled to a hearing in either the county in which the covered property is located or in Travis County; and (VI)
                                                                                                                                                                                                          [(V)] language which describes the time limit for filing an appeal as specified in clause (ii) of this subparagraph. (ii) An act, ruling, or decision of the association is deemed to be timely filed with the commissioner of insurance
                                                                                                                                                                                                            if an appeal is sent to the chief clerk of the State Board of Insurance by first class or by certified or registered United States mail in an envelope or wrapper properly addressed and stamped and deposited in the mail one day or more before the last day for filing the appeal, if the appeal is received by the chief clerk's office not more than 10 days subsequent to the due date for filing. (e) Building codes. (1) Code for windstorm-resisting construction applicable to the area seaward of the Intracostal Canal. This code contain requirements for the construction of buildings to minimize damage to such buildings by severe windstorms which occur along the Gulf Coast. Where specific requirements for particular devices or methods of construction are specified, alternate methods or practices which are considered equal may be used. Such consideration is to be based on sound engineering practice and experience. The degree of protection against damage from windstorm provided by these requirements cannot be assured for tornadoes, but such compliance should be helpful to some degree reducing tornado damage. The requirements herein are applicable only to properties located seaward of the Intracostal Canal on the Texas coastline (or seaward of the boundary authorized to be established by the State Board of Insurance by the Insurance Code, Article 21.49, as amended). The requirements herein shall apply, on or after October 10, 1988, to new construction of, and additions or repairs to, structures located seaward of the Intracostal Canal in areas previously exempt from the requirements of this paragraph. The property previously exempt was that property protected by a sea wall constructed by the Corps of Engineers. (A) Wind pressure. (i)-(vi) (No change.) (vii) Roofing materials. Roofing materials must pass the UL Standard 997 or a comparable test certified by the State Board of Insurance and be installed as required by the State Board of Insurance, to promote wind resistance of the materials. (B)-(D) (No change.) (2)-(3) (No change.) (4) Insurable property for windstorm and hail insurance. A structure constructed, repaired, or to which additions were made before January 1, 1988, that is located in an area covered at the time by a building code recognized by the association shall be considered an insurable property for windstorm and hail insurance from the association without compliance with the inspection or approval requirements of Insurance Code, Article 21.49 sec.6A(a) or the plan of operation. A structure constructed, repaired, or to which additions were made before January 1, 1988, that is located in an area not covered by a building code recognized by the association shall be considered an insurable property for windstorm and hail insurance from the association without compliance with the inspection or approval requirements of Insurance Code, Article 21.49 sec.6A(a) or the plan of operation if that structure has been previously insured by a licensed insurance company authorized to do business in this state and the risk is in essentially the same condition as when previously insured, except for normal wear and tear, and without any structural change other than a change made according to code. Evidence of previous insurance includes a copy of a previous policy, copies of canceled checks or agent's records that show payments for previous policies, and a copy of the title to the structure or mortgage company records that show previous policies. (f) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 7, 1991. TRD-9114049 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 463-6328 28 TAC sec.5.4101 The Texas Department of Insurance proposes an amendment to sec.5.4101, concerning the adoption by reference of Texas catastrophe Property Insurance Policy for Windstorm and Hail. The amendment adopts a new special condition in the policy which provides for replacement cost coverage for the insured dwelling. The amendment is necessary to incorporate a new provision into the Texas Catastrophe Property Insurance Policy for Windstorm and Hail regarding replacement cost coverage for an insured dwelling as set out under the Insurance Code, Article 21. 49, sec.8A, as provided by House Bill 2, enacted by the 72nd Regular Session of the Texas Legislature. The new provision automatically provides for full replacement cost coverage for an insured dwelling if at the time of a lost the total amount of insurance applicable to the dwelling is equal to 80% or more of the full replacement cost of the dwelling or equal to the maximum amount of insurance otherwise available through the association. In addition, the amendment provides for the incorporation into the basic conditions of the Texas Catastrophe Property Insurance Association (TCPIA) policy of the prompt payment of claims language contained in endorsement Form Number 29, Mandatory Endorsement, as adopted under 28 TAC sec.5.4201. The amendment is necessary to eliminate the need to attach a separate mandatory endorsement Form Number TCPIA-29 to amend the basic conditions of the policy for prompt payment of claims. The amendment also provides for the revision of the dispute resolution provision of the TCPIA policy to include the necessary changes in the appeals process included under Article 21.49, sec.9 and sec.9A as revised under House Bill 2 enacted by the 72nd Regular Session of the Texas Legislature. The amendment is necessary to incorporate the various appeals options available to an insured under the TCPIA policy in the event of a claim dispute. Those options, include the right of an insured to appeal any act, ruling, or decision of the association either to the commissioner of insurance under the Insurance Code, Article 21.49, sec.9, or bring an action in a district court in the county in which the property is located or in a district court in the county in which the property is located or in a district court of Travis County under the Insurance Code, Article 21.49, s9A. If the insured chooses to appeal to the commissioner of insurance, the insured has the option to a hearing in the county in which the property is located or in Travis County. The amendment also provides for the incorporation of a new provision into the basic conditions of the TCPIA policy to allow for additional time periods for processing a claim in the event of a weather related catastrophe or major natural disaster, as set forth in a revision to the Insurance Code, Article 21.55, under House Bill 62, enacted by the 72nd Second Called Special Session of the Texas Legislature. The amendment is necessary in order to provide the insured information in the TCPIA policy that may affect the payment of a claim. The amendment also provides for the street address of the offices of the Texas Catastrophe Property Insurance Association to be shown on the face of the policy to allow any person wishing to visit the offices of the Texas Catastrophe Property Insurance Association easy access to a street address and also incorporates, the Texas Catastrophe Property Insurance Association's toll-free number for information or complaints on the face of the policy. Lyndon Anderson, deputy commissioner, property division, has determined that for the first five-year period the 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. Anderson also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the automatic inclusion or replacement cost coverage in the policy for an insured dwelling and eliminates the need to have the coverage separately added by endorsement. In addition, the inclusion of the prompt payment of claims provisions into the policy eliminates the need for the attachment of an endorsement form to the policy and reduces any confusion to the insured as to applicable policy conditions. The inclusion of the amendments to the dispute resolution provision in the policy clearly states to an insured the appeals options available in the event of a claim dispute. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Lyndon Anderson, Deputy Commissioner, Property Division (Mail Code 103-1A), Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The amendment is proposed under the Insurance Code, Articles 21.49, sec.8 and 1.04(d), which authorizes the State Board of Insurance to approve policy forms or endorsements for the Texas Catastrophe Property Insurance Association. sec.5.4101. Texas Catastrophe Property Insurance Policy for Windstorm and Hail. The State Board of Insurance adopts by reference the Texas catastrophe property insurance policy for windstorm and hail as amended January 1, 1992
                                                                                                                                                                                                              [1991]. The document is published by and available from the Texas Catastrophe Property Insurance Association, P.O. Box 2930, Austin, Texas 78769. It may also be obtained by contacting the Property Division, Mail Code 103-1A
                                                                                                                                                                                                                [011- 1], Texas Department
                                                                                                                                                                                                                  [State Board] of Insurance, 333 Guadalupe Street, P.O. Box 149104
                                                                                                                                                                                                                    [1110 San Jacinto Boulevard], Austin, Texas 78714-9104
                                                                                                                                                                                                                      [78701-1998]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 8, 1991. TRD-9114050 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 463-6328 28 TAC sec.5.4401 The Texas Department Insurance proposes an amendment to s5.4401, concerning the adoption by reference of the Texas special mobile home windstorm and hail insurance policy. The amendment provides for the incorporation into the basic conditions of the policy of the prompt payment of claims language contained in endorsement Form Number TCPIA-29, Mandatory Endorsement, as adopted under 28 TAC sec.5.4201. The amendment is necessary to eliminate the need to attach a separate mandatory endorsement Form Number TCPIA-29 to amend the basis conditions of the policy for prompt payment of claims. The amendment also provides for the revision of the dispute resolution provision of the policy to include the necessary changes in the appeals process included under Article 21.49, sec.9 and sec.9A as revised under House Bill 2 enacted by the 72nd Regular Session of the Texas Legislature. The amendment is necessary to incorporate the various appeals options available to an insured under the policy in the event of a claim dispute. Those options include the right of an insured to appeal any act, ruling, or decision of the associations either to the commissioner of insurance under the Insurance Code, Article 21.49, sec.9, or bring an action in a district court in the county in which the property is located or in a district court of Travis County, under the Insurance Code, Article 21.49, s9A. If the insured chooses to appeal to the commissioner of insurance, the insured has the option to a hearing in the county in which the property is located or in Travis County. The amendment also provides for the incorporation of a new provision into the basic conditions of the policy to allow for additional time periods for processing a claim in the event of a weather-related catastrophe or major natural disaster, as set forth in a revision to the Insurance Code, Article 21.55, under House Bill 62, enacted by the 72nd Second Called Session of the Texas Legislature. The amendment is necessary in order to provide the insured information in the policy that may affect the payment of a claim. The amendment also provides for the street address of the offices of the Texas Catastrophe Property Insurance Association to be shown on the face of the policy to allow any person wishing to visit the offices of the Texas Catastrophe Property Insurance Association easy access to a street address and also incorporates the Texas Catastrophe Property Insurance Association's toll free number for information or complaints on the face of the policy. Lyndon Anderson, deputy commissioner, property division, has determined that for the first five-year period the 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. Anderson, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the availability of a complete policy that has incorporated the prompt payment of claims provisions into the policy and eliminated the need for the attachment of an endorsement form to the policy which reduces any confusion to insure as to the applicable policy conditions. In addition, the incorporation of the amendment to the dispute resolution provision in the policy clearly states to an insured the appeal options available in the event of a claim dispute. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Lyndon Anderson, Deputy Commissioner, Property Division (Mail Code 103-1A), Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The amendment is proposed under the Insurance Code, Articles 21.49 sec.8 and 1. 04(d), which authorizes the State Board of Insurance to approve policy forms or endorsements for the Texas Catastrophe Property Insurance Association. sec.5.4401. Texas Special Mobile Home Windstorm and Hail Insurance Policy- Deductible Coverage. The State Board of Insurance adopts by reference the Texas special mobile home windstorm and hail insurance policy-deductible coverage, as amended effective January
                                                                                                                                                                                                                        [October] 1, 1992
                                                                                                                                                                                                                          [1985]. This document is published by and available from the Texas Catastrophe Property Insurance Association, P.O. Box 2930, Austin, Texas 78769
                                                                                                                                                                                                                            [78768]. It may also be obtained by contacting the Property Division, Mail Code 103-1A, Texas Department
                                                                                                                                                                                                                              [State Board] of Insurance, 333 Guadalupe Street, P.O. Box 149104
                                                                                                                                                                                                                                [1110 San Jacinto], Austin, Texas 78714-9104
                                                                                                                                                                                                                                  [78786]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 8, 1991. TRD-9114052 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 463-6328 Chapter 7. Corporate and Financial Regulation Subchapter A. Examination and Financial Analysis 28 TAC sec.7.61 The Texas Department of Insurance proposes an amendment to sec.7.61, concerning annual and quarterly statement blanks, other reporting forms and instructions to be used by insurers and certain other entities regulated by the Texas Department of Insurance in reporting on their financial condition and business operations and activities in the 1991 and 1992 calendar years, and the requirement to file such completed statement blanks and other reporting forms. The proposed amendment to the section is necessary to provide the annual and quarterly statement blanks, other reporting forms, and instructions that facilitate compliance with statutory requirements for insurers and other regulated entities to report annual and quarterly information concerning their financial condition and business operations and activities. The amendment adopts by reference the annual and quarterly statement blanks, other reporting forms and instructions for reporting in 1992 the financial condition and business operations and activities conducted during 1991 and 1992, and would require that, in 1992, insurance companies and certain other regulated entities must file such annual and quarterly statements and other reporting forms with the Texas Department of Insurance and the National Association of Insurance Commissioners as directed. The annual and quarterly statement blanks, other reporting forms, and instructions require information which relates to the financial condition and the business operations and activities of insurers and certain other regulated entities. The board has filed with the Office of the Secretary of State, Texas Register Section, copies of the annual and quarterly statement blanks, other reporting forms, and instructions proposed for adoption by reference. Other copies are available for inspection in the office of the Financial Analysis Division of the Texas Department of Insurance, William P. Hobby State Office Building, 333 Guadalupe, Building 3, Third Floor, in Austin. Mr. Steve Durish, associate commissioner financial program, Texas Department of Insurance, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section, and there will be no effect on local employment or local economy. For small businesses, the cost of compliance with the section will be the administrative expense in completing the statement blanks and other reporting forms and following the instructions. This will be at least partially offset because financial statements in some form are statutorily required to be completed and filed in any case. On the basis of cost per hour of labor, there is no expected difference in cost of compliance between small businesses and larger businesses affected by the section. Mr. Durish also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the adoption of the statement blanks, other reporting forms, and instructions to facilitate appropriate reporting by insurers and certain other entities regulated by the department. The anticipated economic cost to insurers and certain other entities required to comply with the proposed section will be the administrative expense in completing the statement blanks and other reporting forms and following the instructions. This will be at least partially offset by the fact that insurers and certain other entities regulated by the department are required by statute to complete and file financial statements of some form in any case. The cost will depend on the company's recordkeeping practices and type of operations. Comments on the proposal may be submitted to Mr. Ronald Newton, Insurance Director, Financial Analysis, Mail Code 303-1A, Texas Department of Insurance, P. O. Box 149099, Austin, Texas 78714-9099. The amendment is proposed under the Texas Insurance Code (Articles, 1.04, 1. 10 sec.9, 1.11, 3.07, 6.11, 6.12, 8.07, 8.08, 8.21, 8.24, 9.22, 9.47, 10.30, 11. 06, 11.19, 14.15, 14.39, 15.15, 15.16, 16.18, 16.24, 17.22, 17.25, 18.12, 19.08, 20.02, 20A.10, 20A.22, 21.21, 21.43, 21.54, 22.06, 22.18, 23.02, and 23.26.) The Insurance Code, Article 1.04, authorizes the State Board of Insurance to determine policy and rules. The Insurance Code, Article 1.10, sec.9, requires the department to furnish the statement blanks and other reporting forms necessary for companies to comply with the filing requirements. The Insurance Code, Article 1.11, authorizes the board to change the form of the statement blanks and other reporting forms as shall seem to it best adapted to elicit a true exhibit of the financial condition and the methods of transacting the business of insurers and other regulated entities, and requires certain insurers and other regulated entities to file with the National Association of Insurance Commissioners. The Insurance Code, Article 21.21, prohibits any person engaged in the business of insurance from filing with any public official any false statement of financial condition of an insurer with intent to deceive, and requires that all statements made by persons in the business of insurance be truthful and not misleading. The Insurance Code, Article 21.43, requires that the provisions of the Insurance Code are conditions on which foreign insurance corporations are permitted to do business in this state and requires foreign insurers to comply with the provisions of the Insurance Code. The Insurance Code (Articles 3.07, 6.11, 6.12, 8.07, 8.08, 8.21, 8.24, 9.22, 9.47, 10.30, 11.06, 11. 19, 14.15, 14.39, 15.15, 15.16, 16.18, 16.24, 17.22, 17.25, 18.12, 19.08, 20.02, 20A.10, 20A.22, 21.54, 22.06, 22.18, 23.02, and 23.26) requires the filing of financial reports and other information by insurers and certain other entities regulated by the department, applies particular statutory law respecting reports by those insurers and certain other entities, and specifies particular rule-making authority relating to those insurers and certain other entities. sec.7.61. Annual and Quarterly Statement Blanks, Instructions, and Other 23>Reporting Forms, 23>1991 and 1992 Operations. The State Board of Insurance adopts by reference the
                                                                                                                                                                                                                                    annual and quarterly
                                                                                                                                                                                                                                      statement blanks, instructions, and other reporting
                                                                                                                                                                                                                                        forms specified in this section for reporting operations and activities of the 1991 and 1992 calendar years.
                                                                                                                                                                                                                                          [are adopted by reference] The annual
                                                                                                                                                                                                                                            and quarterly statements blanks, instructions, and other reporting forms are available
                                                                                                                                                                                                                                              [may be obtained from the Texas Department
                                                                                                                                                                                                                                                [Corporate Custodian and Tax Division, State Board] of Insurance, Financial Analysis 303-1A
                                                                                                                                                                                                                                                  [1110 San Jacinto Street], P.O. Box 149099,
                                                                                                                                                                                                                                                    Austin, Texas 78714-9099
                                                                                                                                                                                                                                                      [78786]. Insurers
                                                                                                                                                                                                                                                        [The insurer or] and certain
                                                                                                                                                                                                                                                          other regulated entities
                                                                                                                                                                                                                                                            [entity specified in each form or instruction] shall properly report to the Texas Department
                                                                                                                                                                                                                                                              [State Board] of Insurance and the National Association of Insurance Commissioners
                                                                                                                                                                                                                                                                using the appropriate annual and quarterly statements blanks and other reporting
                                                                                                                                                                                                                                                                  [such form or] forms and following applicable
                                                                                                                                                                                                                                                                    [such] instructions [as are appropriate to it]. The adopted annual and quarterly statement blanks and other reporting
                                                                                                                                                                                                                                                                      forms and instructions
                                                                                                                                                                                                                                                                        are as follows: (1) 1991
                                                                                                                                                                                                                                                                          [a 1982 Texas] annual statement blank (association edition, Form 1 and Form 1A), 12-inch by 19-inch size, and the 1992 quarterly statement blank (association edition)
                                                                                                                                                                                                                                                                            to be used by life and accident and health insurance companies, including instruction letters (L/FR/NP/91), (STIPPREM/91), and (092), and the Texas Life Supplement Monthly/Quarterly Financial Statement (Form L-92)
                                                                                                                                                                                                                                                                              ; (2) books of instructions
                                                                                                                                                                                                                                                                                [a form] entitled "Annual Statement
                                                                                                                                                                                                                                                                                  Instructions,
                                                                                                                                                                                                                                                                                    [for Completing] Life,
                                                                                                                                                                                                                                                                                      [and] Accident and Health ,
                                                                                                                                                                                                                                                                                        [Annual Statement Blank]" and "Accounting Practices and Procedures Manual, for Life, Accident and Health Insurance Companies," available through the National Association of Insurance Commissioners (NAIC), 120 West 12th Street, Suite 1100, Kansas City, Missouri 64105: (3) 1991
                                                                                                                                                                                                                                                                                          [a 1982 Texas] annual statement blank (association edition, Form 1-S), 12-inch by 19-inch size,
                                                                                                                                                                                                                                                                                            for life and accident and health insurance company separate accounts[, excluding variable life insurance]; (4) a form entitled "SUPPLEMENTAL AND BALANCE SHEET DATA FROM 1991 ANNUAL STATEMENT" and further identified as TEXSPEC 46
                                                                                                                                                                                                                                                                                              ["Instructions for Completing Separate Accounts Annual Statement Blank"]; (5) 1991
                                                                                                                                                                                                                                                                                                [a 1982 Texas] annual statement blank (association edition, Form 2), 12-inch by 19-inch size, and the 1992 quarterly statement blank (association edition)
                                                                                                                                                                                                                                                                                                  to be used by fire and casualty companies , including instruction letters (F&C/LL/R/RRG/91), (CM/91) , (S/91), (MC/91), and (092), and the Texas Fire & Casualty Supplement Monthly/Quarterly Financial Statement (Form F&C-92)
                                                                                                                                                                                                                                                                                                    ; (6) books of instructions
                                                                                                                                                                                                                                                                                                      [a form] entitled "Annual Statement
                                                                                                                                                                                                                                                                                                        Instructions,
                                                                                                                                                                                                                                                                                                          [for Completing Fire] Property
                                                                                                                                                                                                                                                                                                            and Casualty,
                                                                                                                                                                                                                                                                                                              [Annual Statement Blank]" and "Accounting Practices and Procedures Manual, for Fire and Casualty Insurance Companies," available through the NAIC, 120 West 12th Street, Suite 1100, Kansas City, Missouri 64105
                                                                                                                                                                                                                                                                                                                ; (7) 1991
                                                                                                                                                                                                                                                                                                                  [a 1982 Texas] annual statement blank (association edition, Form 4), 12-inch by 19-inch size, and the 1992 quarterly statement blank (association edition)
                                                                                                                                                                                                                                                                                                                    to be used by fraternal orders including instruction letters (L/FR/NP/91) and (092)
                                                                                                                                                                                                                                                                                                                      ; (8) books of instructions
                                                                                                                                                                                                                                                                                                                        [a form] titled "Annual Statement
                                                                                                                                                                                                                                                                                                                          Instructions ,
                                                                                                                                                                                                                                                                                                                            to] Fraternal ," and "Accounting Practices and Procedures Manual, for Life, Accident and Health Insurance Companies," available through the NAIC, 120 West 12th Street, Suite 1100, Kansas City, Missouri 64105
                                                                                                                                                                                                                                                                                                                              [Benefit Societies for Completing Annual Statement Blanks"]; (9) 1991
                                                                                                                                                                                                                                                                                                                                [a 1982 Texas] annual statement blank (association edition, Form 9), 12-inch by 19-inch size, and the 1992 quarterly statement blank (association edition)
                                                                                                                                                                                                                                                                                                                                  to be used by title insurance companies, including instruction letters (TITLE/91) and (092)
                                                                                                                                                                                                                                                                                                                                    ; (10) a form entitled ["]1991
                                                                                                                                                                                                                                                                                                                                      Instructions for Completing Title Insurance Annual Statement Blank["]; (11) 1991
                                                                                                                                                                                                                                                                                                                                        [a 1982] annual and 1992 quarterly
                                                                                                                                                                                                                                                                                                                                          statement blanks
                                                                                                                                                                                                                                                                                                                                            [blank] (association edition) to be used by
                                                                                                                                                                                                                                                                                                                                              [for] health maintenance organizations, including instruction letters (HMO/91) and (092)
                                                                                                                                                                                                                                                                                                                                                ; (12) books of instructions
                                                                                                                                                                                                                                                                                                                                                  [a form] entitled "Annual Statement
                                                                                                                                                                                                                                                                                                                                                    [General Information and] Instructions ,
                                                                                                                                                                                                                                                                                                                                                      [for filing] Health Maintenance Organization ." and "Accounting Practices and Procedures Manual, for Health Maintenance Organizations," available through the NAIC, 120 West 12th Street, Suite 1100, Kansas City, Missouri 64105
                                                                                                                                                                                                                                                                                                                                                        [Annual Report of Affairs and Conditions"]; (13) a form entitled "SUPPLEMENT "A" TO SCHEDULE T, EXHIBIT OF MEDICAL MALPRACTICE PREMIUMS WRITTEN [Allocated by States and Territories]"; (14) a form identified as supplement pages 32-41 to the annual statement for health maintenance organizations
                                                                                                                                                                                                                                                                                                                                                          [entitled "Fraternal Benefit Societies- Supplement to Valuation Report"]; (15) a form designated as TEXAS PAGE 14TS, and further identified as Page 14TS of Form 2
                                                                                                                                                                                                                                                                                                                                                            [entitled "Products Liability Insurance Supplement-1982"]; (16) a form entitled "SCHEDULE SIS, STOCKHOLDER INFORMATION SUPPLEMENT," revised in 1985
                                                                                                                                                                                                                                                                                                                                                              ; (17) a form entitled "Insurance Expense Exhibit- 1991
                                                                                                                                                                                                                                                                                                                                                                [1982]"; (18) a form entitled "CREDIT LIFE AND ACCIDENT AND HEALTH EXHIBIT"; (19) a form designated as TEXAS PAGE 42TS, and further identified as Page 42TS of Form 9
                                                                                                                                                                                                                                                                                                                                                                  [entitled "Credit Life Insurance Statistical Report"]; (20) a form entitled "SCHEDULE DS" (Supplemental Schedule D) showing common stock of all subsidiaries owned December 31 of the current year for which the equity in undistributed income of the subsidiary is included in net gain from operations
                                                                                                                                                                                                                                                                                                                                                                    [identified as direct business in the State of Texas during the year 1982 and further identified as the Standard (NAIC), page 46, Form 1]; (21) a form entitled "SCHEDULE DM" for bonds and preferred stock owned as of December 31
                                                                                                                                                                                                                                                                                                                                                                      ["Medical Malpractice Business in the State of Texas Schedule P"]; (22) a 1991
                                                                                                                                                                                                                                                                                                                                                                        [1982] Texas annual statement blank , with instructions for the 1991 mutual assessment annual statement,
                                                                                                                                                                                                                                                                                                                                                                          to be used by statewide mutual assessment associations, local mutual aid associations, burial associations, and exempt associations, including
                                                                                                                                                                                                                                                                                                                                                                            [which includes] instruction letters (MA/91) or (EB/91)
                                                                                                                                                                                                                                                                                                                                                                              [the Texas reporting supplement]; (23) forms
                                                                                                                                                                                                                                                                                                                                                                                [a form] identified as ANALYSIS OF SURPLUS for use as a supplement to the NAIC Form 1, Form 1A, Form 2, Form 4, and Form 9
                                                                                                                                                                                                                                                                                                                                                                                  [entitled "Instructions for 1982 Mutual Assessment Annual Statement"]; (24) a 1991
                                                                                                                                                                                                                                                                                                                                                                                    [1982] Texas annual statement blank , with instructions for the 1991 farm mutual annual statement,
                                                                                                                                                                                                                                                                                                                                                                                      to be used by farm mutual insurance companies, including
                                                                                                                                                                                                                                                                                                                                                                                        [which includes] instruction letter (FM/91)
                                                                                                                                                                                                                                                                                                                                                                                          [the 1982 Texas reporting supplement]; (25) a form entitled "TEXAS OVERHEAD ASSESSMENT FORM" (for Texas Domestic companies only)
                                                                                                                                                                                                                                                                                                                                                                                            ["Instructions for the 1982 Farm Mutual Annual Statement"]; (26) a 1991 Texas
                                                                                                                                                                                                                                                                                                                                                                                              [1982] annual statement blank , with instructions for the 1991 prepaid legal services corporations annual statement,
                                                                                                                                                                                                                                                                                                                                                                                                to be used by prepaid legal services corporations and corporations authorized to write prepaid legal service plans, including [which includes] instruction letter (PPL/91)
                                                                                                                                                                                                                                                                                                                                                                                                  [the 1982 Texas reporting supplement]; and (27) a form entitled "RELEASE OF CONTRIBUTIONS" to be filed by certain insurers and other entities
                                                                                                                                                                                                                                                                                                                                                                                                    ["Instructions to Prepaid Legal Services Corporations for Completing Annual Statement Blank";]. [(28) a form identified as the 1982 Texas reporting supplement to the annual statement for domestic stock life companies, domestic stock fire companies, domestic stock fire and casualty companies, domestic stock casualty companies, and stipulated premium companies; [(29) a form identified as the 1982 Texas reporting supplement to the annual statement for domestic mutual life companies, domestic mutual fire and/or casualty companies, and domestic county mutual companies; [(30) a form identified as the 1982 Texas reporting supplement to the annual statement for foreign stock life companies, foreign stock fire companies, foreign stock casualty companies, and Mexican casualty companies; [(31) a form identified as the 1982 Texas reporting supplement to the annual statement for foreign mutual life companies and foreign mutual fire and/or casualty companies; [(32) a form identified as the 1982 Texas reporting supplement to the annual statement for domestic Lloyds, foreign Lloyds, domestic reciprocals, and foreign reciprocals; [(33) a form identified as the 1982 Texas reporting supplement to the annual statement for domestic fraternal societies and foreign fraternal societies; [(34) a form identified as the 1982 Texas reporting supplement to the annual statement for domestic title companies, and foreign title companies; (35) a form identified as the 1982 Texas reporting supplement to the annual statement for health maintenance organizations; [(36) a form identified as supplement pages 22-28 to the annual statement for health maintenance organizations; and [(37) a form identified as the officers and directors page to be used by each domestic insurer and other principals licensed by the State Board of Insurance.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 8, 1991. TRD-9114051 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Earliest possible date of adoption: December 16, 1991 For further information, please call: (512) 463-6328