Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 169. Relationship with University Interscholastic League 19 TAC sec.169.1 The Texas Education Agency adopts the repeal of sec.169.1, concerning review and implementation of rules relating to extracurricular activities, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8376). The chapter is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. A new Chapter 169 is being adopted in a separate submission. The repeal will result in a clearer, more concise statement of the rules relating to the University Interscholastic League. No comments were received regarding adoption of the repeal. The repeal is adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 17, 1993. TRD-9319127 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: March 10, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 463-9701 19 TAC sec.169.1 The Texas Education Agency adopts new sec.169.1, concerning review and implementation of rules relating to extracurricular activities, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8376). The section is necessary for the State Board of Education (SBOE) to review rules and procedures proposed by the University Interscholastic League (UIL). It authorizes the SBOE to approve, disapprove, or modify any rule or procedure submitted by the UIL. No comments were received regarding adoption of the section. The new section is adopted under the Texas Education Code, sec.21.921, which requires the UIL to submit its rules and procedures to the SBOE for approval, disapproval, or modification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 17, 1993. TRD-9319128 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: March 10, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 109. Conduct Anesthesia and Anesthetic Agents 22 TAC sec.109.173 The Texas State Board of Dental Examiners adopts an amendment to sec.109. 173, concerning minimum standard of care, with changes to the proposed text as published in the December 11, 1992, issue of the Texas Register (17 TexReg 8612). The amendment is necessary in order 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. The amendment states that each dentist licensed by the Texas State Board of Dental Examiners and practicing in Texas shall utilize standard of care. The Texas Association of Orthodontists agreed with the rule, suggesting minor word changes. The Texas Dental Association "strongly believes that determinations to histories and physicals and informed consent should be left to the discretion of the treating dentists." One individual agreed with the rule and another individual suggested word changes. Commenting in favor was the Texas Association of Orthodontists. Commenting against was the Texas Dental Association. The agency disagrees with some comments and agrees with some comments as it relates to protecting public health and safety. The amendment is adopted under Texas Civil Statutes, Article 4551d(a), 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.109.173. Minimum Standard of Care. Each dentist licensed by the Texas State Board of Dental Examiners and practicing in Texas shall conduct their practice in a manner consistent with that of a reasonable and prudent dentist under the same or similar circumstances. Further, each dentist: (1) shall maintain a patient record: (A) from which a diagnosis may be made; (B) which includes a description of treatment rendered; (C) includes the date on which treatment is performed; and (D) which includes any information a reasonable and prudent dentist in the same or similar circumstances would include; (2) shall maintain and review an initial medical history and limited physical evaluation for all dental patients to wit. (A) The initial medical history shall include, but shall not necessarily be limited to, known allergies to drugs, serious illness, current medications, previous hospitalizations and significant surgery, and a review of the physiologic systems obtained by patient history. A "check list", for consistency, may be utilized in obtaining initial information. The dentist shall review the medical history with the patient at any time a reasonable and prudent dentist in the same or similar circumstance would so do. (B) The initial limited physical examination shall include, but shall not necessarily be limited to, blood pressure and pulse/heart rate as may be indicated for each patient; (3) shall obtain and review an updated medical history and limited physical evaluation when a reasonable and prudent dentist under the same or similar circumstances would determine it is indicated; (4) shall, for office emergencies: (A) maintain a positive pressure breathing apparatus including oxygen which shall be in working order; (B) maintain other emergency equipment and/or currently dated drugs as a reasonable and prudent dentist with the same or similar training and experience in the same or similar circumstances would maintain; (C) provide training to dental office personnel in emergency procedures which shall include, but not necessarily be limited to, basic cardiac life support, inspection and utilization of emergency equipment in the dental office, and office procedures to be followed in the event of an emergency as determined by a reasonable and prudent dentist in the same or similar circumstances; (5) shall complete a course in basic cardiopulmonary resuscitation every two years offered by either the American Heart Association or the American Red Cross. (6) shall obtain an informed consent in all situations where required by law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 17, 1993. TRD-9319120 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: March 10, 1993 Proposal publication date: December 11, 1992 For further information, please call: (512) 463-6400 Chapter 115. Extension of Duties of Auxiliary Personnel Dental Hygiene 22 TAC sec.115.10 The Texas State Board of Dental Examiners adopts an amendment to sec.115. 10, without changes to the proposed text as published in the December 11, 1992, issue of the Texas Register (17 TexReg 8613). The amendment is necessary in order to achieve consistency and uniformity with the Administrative Procedure and Texas Register Act and to achieve uniformity in standard civil practices. The amendment outlines the procedures for any person performing radiologic procedures under the supervision of a Texas licensed dentist. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4551d, which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 16, 1993. TRD-9319117 C. Thomas Camp Executive Director Texas State Board of Medical Examiners Effective date: March 10, 1993 Proposal publication date: December 11, 1992 For further information, please call: (512) 463-6400 Chapter 163. Licensure 22 TAC sec.163.9 The Texas State Board of Medical Examiners adopts an amendment to sec.163. 9, concerning procedural rules for all licensure applicants, without changes to the proposed text published in the December 25, 1992, issue of the Texas Register (17 TexReg 9085). The amendment to the section is necessary to delete a subsection of the licensure rules which is no longer pertinent, in view of the fact National Boards Examinations are now accepted for licensure in Texas. The section will function by omission of a subsection which is no longer pertinent. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1993. TRD-9319061 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: March 9, 1993 Proposal publication date: December 25, 1992 For further information, please call: (512) 834-4502 Part XXII. Texas State Board of Public Accountancy Chapter 501. Professional Conduct General Provisions 22 TAC sec.501.4 The Texas State Board of Public Accountancy adopts an amendment to sec.501. 4, concerning the practice of public accountancy, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8263). The benefit anticipated as a result of enforcing the section will be that the rule is simplified. The amendment deletes the section regarding temporary practice permits. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to the practice of public accountancy. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318987 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 450-7066 Other Responsibilities and Practices 22 TAC sec.501.39 The Texas State Board of Public Accountancy adopts new sec.501.39, concerning frivolous complaints, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8264). As a result of enforcing this section the number of frivolous complaints shall be reduced and investigations will be facilitated. The section encourages CPAs who complain against other CPAs to cooperate with the ensuing investigation. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to frivolous complaints. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318988 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 450-7066 22 TAC sec.501.40 The Texas State Board of Public Accountancy adopts an amendment to sec.501. 40, concerning licensing/registration requirements, without changes to the proposed text as published in the November 10, 1992, issue of the Texas Register (17 TexReg 7839). The public benefit anticipated as a result of enforcing the section will be that the rules of the agency shall conform to the Act. The amendment eliminates language which could be perceived as a conflict with the requirement of the Public Accountancy Act, sec.9, that all certificate and registration holders obtain biennial licenses. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to licensing and registration requirements. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318989 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: November 10, 1992 For further information, please call: (512) 450-7066 Chapter 505. The Board 22 TAC sec.505.3 The Texas State Board of Public Accountancy adopts an amendment to sec.505. 3, concerning the chairman of the board, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8264). Enforcing the section simplifies the procedures for signing Board Orders. The amendment allows the chairman of the board to sign Board Orders on behalf of the board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to the chairman of the Board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318990 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 450-7066 22 TAC sec.505.10 The Texas State Board of Public Accountancy adopts an amendment to sec.505. 10, concerning board committees, without changes to the proposed text as published in the October 16, 1992, issue of the Texas Register (17 TexReg 7153). Enforcing the section will protect the public from potential difficulties associated with drug and alcohol abuse by CPAs. The amendment adds the Peer Oversight Committee to the board's standing committee. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to board committees. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318991 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: October 16, 1992 For further information, please call: (512) 450-7066 Chapter 511. Certification as a CPA Certification by Reciprocity 22 TAC sec.511.140 The Texas State Board of Public Accountancy adopts new sec.511.140, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8389). By enforcing this section the process for reciprocal licensees will be simplified for individuals certified in states with substantially the same certification requirements as Texas, which will promote interstate cooperation. The new section reduces paper work and staff resources currently needed for reciprocity. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to application for certification by reciprocity in approved states. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318992 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 22 TAC sec.511.141 The Texas State Board of Public Accountancy adopts an amendment to sec.511. 141, concerning application for certification by reciprocity, without changes to the proposed text as published in the October 16, 1992, issue of the Texas Register (17 TexReg 7153). Enforcing the section will ensure that international treaties will be honored by the Board. The amendment permits applications to be made to the extent required by international treaties. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to reciprocal fees for a Texas CPA certificate by reciprocity. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318993 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: November 16, 1992 For further information, please call: (512) 450-7066 22 TAC sec.511.142 The Texas State Board of Public Accountancy adopts an amendment sec.511. 142, concerning qualifications for certification by reciprocity, without changes to the proposed text as published in the October 16, 1992, issue of the Texas Register (17 TexReg 7153). As a result of enforcing the section the Board will honor international treaties. The amendment permits certification by reciprocity to the extent required by international treaties. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to reciprocal fees for a Texas CPA certificate by reciprocity. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318994 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: October 16, 1992 For further information, please call: (512) 450-7066 Certification 22 TAC sec.511.171 The Texas State Board of Public Accountancy adopts new sec.511.171, concerning consent revocation, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8390). As a result of enforcing the section the procedures for revocation and reinstatement will be clarified. The new section will establish procedures for voluntary revocation of a CPA's certificate and for reinstatement of the certificate. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to consent revocation. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318995 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Chapter 517. Temporary Practice in Texas 22 TAC sec.517.1 The Texas State Board of Public Accountancy adopts an amendment to sec.517. 1, concerning temporary practice, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8264). As a result of enforcing the section temporary practice permit holders will have to meet high standards of professionalism. The amendment restricts public accountants from other states from receiving temporary practice permits. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to temporary practice in Texas. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318996 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 450-7066 Chapter 519. Practice and Procedure 22 TAC sec.sec.519.39, 519.40, 519.43 The Texas State Board of Public Accountancy adopts amendments to sec.sec.519. 39, 519.40, and 519.43, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8265). As a result of enforcing the amendments the cost for issuing subpoenas and for issuing commissions to take depositions shall be reduced. The amendments allow the Executive Director to issue subpoenas and to issue commissions to take depositions. Two commenters jointly submitted comments to the proposed amendments to sec.sec.519.39, 519.40, and 519.43 of the Board's Rules of Practice and Procedure indicating that they were of the opinion that allowing the Executive Director to issue commissions to take depositions and to sign and issue subpoenas "without prior approval by the Board or a hearings officer gives too much power to an employee hired by the Board who may not even be a CPA." The commenters went on to say that "there is a great potential for abuse for one person to have this authority." The Board disagrees with the commenters because the Administrative Procedure and Texas Register Act, (Texas Civil Statutes, Article 6252-13a) allows the agency to issue commissions to take depositions and to issue subpoenas. It is appropriate for the Board to delegate these ministerial tasks to staff in order to avoid the costs incurred by having a hearings examiner issue commissions to take depositions and subpoenas. The Board meets only seven times a year; therefore, requiring the Board to issue commissions to take depositions and subpoenas as a body will unacceptably delay enforcement proceedings and will therefore be detrimental to the public interest. Finally, allowing staff to issue commissions to take depositions and to sign and issue subpoenas will not abrogate the Respondent's rights to have a public hearing with full procedural due process as guaranteed by the Texas and Federal Constitutions, the Administrative Procedure and Texas Register Act, and the Public Accountancy Act; moreover, it will not affect the Respondent's rights under Texas law to challenge the subpoenas by filing a motion to quash or other appropriate motion, nor will it affect the Respondent's rights under Texas law to challenge the issuance of commissions to take depositions. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to issuance of subpoenas and issuance of commissions to take depositions. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318997 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 450-7066 Chapter 523. Continuing Professional Education Continuing Professional Education Programs 22 TAC sec.523.5 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 5, concerning program developers, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8390). As a result of enforcing the section the rule will be grammatically consistent. The amendment is a grammatical change to the rule. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to program developers. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318998 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 22 TAC sec.523.7 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 7, concerning program review, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8390). As a result of enforcing the section the rule will be grammatically consistent. The amendment is a grammatical change to the rule. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to program review. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9318999 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Continuing Professional Education Standards 22 TAC sec.523.21 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 21, concerning program presentation standards, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8390). As a result of enforcing the section the rules will be grammatically consistent. The amendment will not change the substantive meaning of the rule; will only make a grammatical change. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to program presentation standards. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319000 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 22 TAC sec.523.29 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 29, concerning minimum hours required as a participant, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8391). As a result of enforcing the section the reporting requirements for Continuing Professional Education will be simplified. The amendment requires that 50% of the requirement must be from involvement as a participant in a CPE program. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to minimum hours required as a participant. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319001 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 22 TAC sec.523.30 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 30, concerning limitation, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8391). As a result of enforcing the section reporting requirements for Continuing Professional Education will be simplified. The amendment conforms the rule to the biennial reporting periods. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to limitation for nontechnical courses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319002 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Continuing Professional Education Reporting 22 TAC sec.523.41 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 41, concerning standards for CPE reporting, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8391). As a result of enforcing this section the CPA's responsibilities are clearly defined. The amendment makes a grammatical correction changing "contact hours" to "credit" hours; and makes it clear that the CPA is responsible for retaining documentation of courses attended. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provides the Texas State Board of Public Accountancy with the authority to promulgate rules relating to standards for CPE reporting. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319003 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 22 TAC sec.523.42 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 42, concerning sponsor's record, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8392). As a result of enforcing the section the record retention time is reduced. The amendment reduces the time for retention of records from five to three years. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to sponsor's record. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319004 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Chapter 523. Continuing Professional Education Mandatory Continuing Education (CE) Program 22 TAC sec.523.61 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 61, concerning establishment of mandatory CE program, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8392). The amendment is necessary in order to ensure that the rule cites to the current version of the Public Accountancy Act. The amendment replaces the older citation to the Public Accountancy Act with the updated citation. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to establishment of mandatory CE program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319005 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 22 TAC sec.523.62 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 62, concerning mandatory CE reporting, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8392). The amendment is necessary in order to eliminate reference to a date and annual license renewal. The amendment deletes "1990" and "annual." No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to mandatory CE reporting. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319006 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Mandatory Continuing Education (CE) Program 22 TAC sec.523.63 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 63, concerning mandatory CE attendance, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8393). The amendment is necessary in order to ensure that the rule is grammatically consistent. Further, the amendment permits CPAs who will not be employed during the upcoming biennium to receive exemptions, regardless of whether the CPA has retired status. The amendment makes some grammatical corrections to the rule. The amendment also allows an exemption for CPAs who will not be employed during the upcoming biennium. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to mandatory CE reporting. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319007 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Mandatory Continuing Education (CE) Program 22 TAC sec.523.64 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 64, concerning disciplinary actions relating to CE, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8393). The amendment is necessary in order to ensure that the rule cites to the current version of the Public Accountancy Act. The amendment will cite the Public Accountancy Act of 1991 instead of the previous version of the Act. No comments were received regarding the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to CE disciplinary actions. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319008 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Registered Continuing Education Sponsors 22 TAC sec.523.74 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 74, concerning national registry of CPE sponsors, without changes to the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8394). The amendment is necessary in order to insure the rule cited in the section is correct. The amendment corrects the rule number cited. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to national registry of CPE sponsors. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 10, 1993. TRD-9319009 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 450-7066 Part XXIV. Texas Board of Veterinary Medical Examiners Chapter 573. Rules of Professional Conduct Records Keeping 22 TAC sec.573.51 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.573.51, concerning Rabies Control, with changes to the proposed text as published in the January 15, 1993, issue of the Texas Register (18 TexReg 294). Amendment bring this rule into compliance with recently adopted rule changes concerning the control of rabies made by the Texas Department of Health. The amendment will require practitioners to maintain standard information for each rabies vaccination certificate issued, and comply with the Rabies Control and Eradication Act in preserving animal's bodies for rabies diagnosis in suspect cases. The change is to the first sentence which will read in part: "Official rabies vaccination certificates shall be issued by vaccinating veterinarian and shall contain certain information...." No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "...make, alter, or amend such rules and regulations as may be necessary on desirable to carry into effect the provisions of this Act." sec.573.51. Rabies Control. (a) Official rabies vaccination certificates shall be issued by the vaccinating veterinarian and shall contain certain standard information as designated by the Texas Department of Health, as follows: (1) owner's name, address, and telephone number; (2) animal identification (species, sex, age, size (pounds), predominate breed and color); (3) vaccine used, producer, expiration date, and serial number; (4) date vaccinated; (5) rabies tag number if a tag is issued; (6) veterinarian's signature or signature stamp and license number. (b) Each Texas licensed veterinarian shall keep a copy of each rabies vaccination certificate administered by him/her for at least three years. (c) It is the duty of the veterinarian having knowledge of an animal bite to a human to immediately report the incident to the local health authority. If the veterinarian prepares the biting animal's body for rabies diagnosis, he shall follow instructions detailed in the Texas Rabies Control and Eradication Act, sec.169.33. (d) If a veterinarian ceases the practice of veterinary medicine, the duplicate rabies vaccination certificates retained by that practice shall be turned over to the local health authority. This does not apply to the sale or lease of a practice, when the records of the practice are transferred to a new owner. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1993. TRD-9319088 Buddy Matthijetz Executive Director Texas Board of Veterinary Medical Examiners Effective date: March 9, 1993 Proposal date of adoption: January 15, 1993 For further information, please call: (512) 447-1183 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled Case Management 40 TAC sec.48.3903 The Texas Department of Human Services (DHS) adopts an amendment to sec.48. 3903, without changes to the proposed text published in the January 5, 1993, issue of the Texas Register (18 TexReg 114). The justification for the amendment is to require 12 days advance written notice of adverse action, regardless of whether the notice is given or mailed to the client. The amendment will function by providing a simpler policy that gives all clients 12 days advance notice. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 16, 1993. TRD-9319075 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: March 15, 1993 Proposal publication date: January 5, 1993 For further information, please call: (512) 450-3765