Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part IX. Texas State Board of Medical Examiners Chapter 185. Physician Assistants 22 TAC sec.sec.185.2, 185.9, 185.15 The Texas State Board of Medical Examiners adopts to sec. sec.185.2, 185.9, and 185.15, concerning physician assistants, without changes to the proposed text as published in the February 23, 1993, issue of the Texas Register (18 TexReg 1129). The amendments better define physician assistants and allow for independent billing by physician assistants in certain circumstances under federal guidelines. The amendments will clarify the definition of physician assistants and eliminate unnecessary information on applications. No comments were received regarding adoption of the amendments. The amendments are proposed 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 April 2, 1993. TRD-9321306 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: April 28, 1993 Proposal publication date: February 23, 1993 For further information, please call: (512) 834-4502 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health The following adoptions submitted by the Texas Department of Health on April 8, 1993, will be serialized beginning in the April 23, 1993, issue of the Texas Register. The effective date of these adoptions is September 31, 1993. Chapter 145. Long-Term Care Subchapter A. Federal Laws and Regulations Covering Nursing and Convalescent Homes 25 TAC sec.145.1, sec.145.2 (repeal) Subchapter B. Minimum Standards for Nursing Homes 25 TAC sec.sec.145.11-145.25 (repeal) Subchapter C. Minimum Standards for Custodial Care Homes 25 TAC sec.sec.145.31-145.43 (repeal) Subchapter D. Minimum Standards for Maternity Homes 25 TAC sec.sec.145.51-145.70 (repeal) Subchapter E. Procedures on Long-Term Care Facilities 25 TAC sec.sec.145.81-145.90, 145.92-145.97 (repeal) Subchapter F. Institutions Subject to Licensure Under Texas Civil Statutes, Article 4442c 25 TAC sec.145.101, sec.145.102 (repeal) Subchapter G. Licensing and Medical Certification Standards for Nursing Homes 25 TAC sec.145.111 (repeal) Subchapter H. Long-Term Care Services for the Elderly 25 TAC sec.145.121 (withdrawal of proposed repeal) Subchapter I. Employee Orientation and Training in Nursing Homes and Custodian Care Homes 25 TAC sec.145.131 (repeal) Subchapter J. Procedures Covering Certification and Termination of Certification of Long-Term Care Facilities which Participate in the Title XIX Assistance Program 25 TAC sec.sec.145.141-145.147 (repeal) Subchapter K. Grading System for Nursing Facilities 25 TAC sec.sec.145.161-145.174 (repeal) Subchapter M. Minimum Licensing Standards for Adult Day Care and Adult Day Health Care Facilities 25 TAC sec.sec.145.191-145.195 (repeal) Subchapter N. Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation in Texas 25 TAC sec.sec.145.211-145.217 (repeal) Subchapter P. Medication Aides 25 TAC sec.sec.145.251-145.265 (repeal) Subchapter Q. Planning and Construction for Nursing Homes 25 TAC sec.sec.145.271-145.285 (repeal) Subchapter R. Certification Standards for Alzheimer's and Related Disorders 25 TAC sec.sec.145.301-145.305 (repeal) Subchapter S. Minimum Licensing Standards for Personal Care Facilities 25 TAC sec.sec.145.321-145.335 (repeal) Chapter 145. Nursing Facilities and Related Institutions Subchapter A. Introduction 25 TAC sec.sec.145.1-145.3 (new) Subchapter B. Application Procedures 25 TAC sec.sec.145.11-145.21 (new) 25 TAC sec.145.22 (withdrawal of proposed new) Subchapter C. Standards for Licensure 25 TAC sec.sec.145.41-145.43 (new) Subchapter D. Facility Construction Construction Standards for Additions, Remodeling and New Nursing Facility 25 TAC sec.sec.145.61-145.73 (new) Construction Standards for Facilities Serving Persons with Mental Retardation or Related Conditions 25 TAC sec.sec.145.92-145.105 (new) Construction Standards for Maternity Facilities 25 TAC sec.145.131, sec.145.132 (new) General Requirements for All Facilities 25 TAC sec.145.1, sec.145.142 (new) Subchapter E. Medication Aides 25 TAC sec.sec.145.161-145.174 (new) Subchapter F. Inspections, Surveys and Visits 25 TAC sec.145.191, sec.145.192 (new) Subchapter G. Abuse, Neglect, and Exploitation; Complaint and Incident Reports and Investigations 25 TAC sec.sec.145.211-145.217 (new) Subchapter H. Enforcement 25 TAC sec.sec.145.231-145.234, 145.236-145.238 (new) Subchapter I. Trustees for Nursing Facilities 25 TAC sec.sec.145.261-145.263 (new) Subchapter J. Respite Care 25 TAC sec.sec.145.281-145.287 (new) Subchapter K. Certification of Facilities for Care of Persons with Alzheimer's Disease and Related Disorders 25 TAC sec.sec.145.301-145.304 (new) Chapter 152. Certification of Long-Term Care Facilities 25 TAC sec.sec.152.1-152.9 (new) TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission The following adoptions submitted by the Texas Water Commission on April 12, 1993, will be serialized beginning in the April 23, 1993, issue of the Texas Register. The effective date of these adoptions is May 3, 1993. Chapter 288. Water Conservation Plans, Guidelines and Requirements Subchapter A. Water Conservation Plans 31 TAC sec.sec.288.1-288.7 (new) Chapter 295. Water Rights, Procedural Subchapter A. Requirements of Water Use Permit Application 31 TAC sec.295.9 (amendment) Chapter 297. Water Rights, Substantive Subchapter A. Definitions 31 TAC sec.297.1 (amendment) Subchapter E. Issuance and Conditions of Water Permit or Certification of Ajudication 31 TAC sec.sec.297.53-297.56 (new) TITLE 34. PUBLIC FINANCE Part II. Texas State Treasury The following adoption submitted by the Texas State Treasury on April 8, 1993, will be serialized beginning in the April 23, 1993, issue of the Texas Register. The effective date of the adoption is April 29, 1993. Chapter 11. Cigarette and Tobacco Products and Tax Subchapter B. Cigarette Tax 34 TAC sec.11.52 (new) TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 85. Admission and Placement Commitment and Reception 37 TAC sec.85.1 The Texas Youth Commission (TYC) adopts amendments to sec.87.5, concerning legal requirements for admission, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1572). The amendment will bring about a more efficient verification process upon commitment. The amendment adds detention orders to the list of documents which must accompany youth committed to the Texas Youth Commission. These documents must be supplied by the committing court. Also, Commitment Summary, TYC Form CCF-001, is deleted from this list. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 April 9, 1993. TRD-9321559 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Placement Planning 37 TAC sec.sec.85.25, 85.27, 85.29, 85.41, 85.43 The Texas Youth Commission (TYC) adopts amendments to sec.85.25, concerning minimum length of stay requirements; sec.85.27, concerning program restriction levels; sec.85.29, concerning program completion and movement; sec.85.41, concerning referral/admission to Corsicana Residential Treatment Center; and sec.85.43, concerning interstate compact for TYC youth. Sections 85. 25 and 85.27 are adopted with changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1573). Sections 85.29, 85.41 and 85.43 are adopted without changes, and will not be republished. The change to sec.85.25 amends the wording of the classification of a Type B violent offender. The change to sec.85.27 adds organizational foster care to the examples of programs which house medium restriction youth. The amendments will bring about a more efficient system of placing youth appropriately in TYC programs. The amendments will clarify the process by which youth may be assigned a minimum length of stay and the level of restriction of placement. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.071, which provides the Texas Youth Commission with the authority to examine and make a study of each child and to establish rules governing the study. sec.85.25. Minimum Length of Stay. (a) Policy. The Texas Youth Commission (TYC) establishes minimum length of stay requirements for all TYC youth on initial commitment, for youth recommitted for the commission of a felony or high-risk offense, and for youth found at an administrative Level I hearing to have committed a felony or high-risk offense. (b) Rules. (1) Minimum Length of Stay. (A)-(B) (No change.) (C) Type B violent offenders serve at least 12 months if classified for conspiracy to commit murder or conspiracy to commit capital murder, solicitation of murder, or solicitation of capital murder, and serve at least nine months for any other designated offense. Youth are assigned to medium, high, or maximum restriction program, minus any credited time following adjudication for the classifying offense. (D)-(I) (No change.) (2)-(3) (No change.) sec.85.27. Program Restriction Levels. (a) (No change.) (b) Rules. (1) (No change.) (2) Levels. (A)-(B) (No change.) (C) Medium Restriction-Any self-contained program which provides routine unsupervised access to the community, or any facility not self-contained which provides services primarily for youth who are a medium level risk to self or others. For example: (i) (No change.) (ii) any residential contract program which is not self-contained, e.g., certain substance abuse programs, residential treatment centers, group homes, or organizational foster care; (iii) (No change.) (iv) any nonresidential program which provides treatment or training at least eight hours per day, five times per week. (D) Minimum Restriction-Any nonresidential program which provides treatment or training less than eight hours per day, five times a week but with at least one contact per day or monitoring daily. For example: (i) intensive supervision; (ii) electronic monitoring. (E) Home-The home of the parent, other relative or individual acting in the role of parent, managing conservator, or guardian, or an independent living arrangement, in which there is treatment or training less than eight hours per day, five times a week, and there is not daily staff contact or monitoring. For example: (i) home or home substitute; (ii) independent living in any approved location. 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 April 9, 1993. TRD-9321566 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Chapter 87. Treatment Program Planning 37 TAC sec.sec.87.15, 87.17, 87.19 The Texas Youth Commission (TYC) adopts amendments to sec.87.15, concerning the involvement of families of youth committed to TYC; sec.87.17, concerning commitment to mental health facilities; and sec.87.19, concerning commitment to the Vernon Drug Treatment Center, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1574). The amendment will allow TYC to comply with Federal Rule Code of Federal Regulation Part 2. The amendments are made to add restrictions to release of information practices in compliance with Federal Rule 42 Code of Federal Regulation Part 2. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.076, which provides the Texas Youth Commission with the authority to provide any psychiatric treatment that is necessary as a means of correcting the socially harmful tendencies of a child committed to the agency. 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 April 9, 1993. TRD-9321555 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Education Programs 37 TAC sec.87.37 The Texas Youth Commission (TYC) adopts an amendment to sec.87.37, concerning financial assistance for youth in TYC custody to attend college or technical institute, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1575). The amendment will bring about a more efficient use of financial assistance for college and technical institutes. The amendment will extend financial assistance to eligible orphans. It also involves regional directors in the procedures. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 April 9, 1993. TRD-9321557 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Other Programs 37 TAC sec.87.55 The Texas Youth Commission (TYC) adopts an amendment to sec.87.55, concerning youth orientation, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1575). The amendment will bring about compliance with Federal Rule 42. The amendment states that at orientation, youth will be provided information on the confidentiality of alcohol and drug abuse records in compliance with Federal Rules 42, Code of Federal Regulation Part 2. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.073, which provides the Texas Youth Commission with the authority to maintain written records. 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 April 9, 1993. TRD-9321563 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 37 TAC sec.87.57 The Texas Youth Commission (TYC) adopts an amendment to sec.87.57, concerning the youth employment and work, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1576). The amendment will bring about a more efficient youth employment program. The amendment states that youth employment in the community may not be paid less than the Federal minimum wage. Other changes are in the interest of clarity. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to place youth in a treatment program deemed appropriate. 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 April 9, 1993. TRD-9321564 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Volunteer Services 37 TAC sec.87.141 The Texas Youth Commission (TYC) adopts an amendment to sec.87.141, concerning volunteer services, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1576). The amendment will bring about more thorough confidentiality procedures. The amendment specifies that volunteers agree in writing to abide by federal, state, and agency laws, policies, and rules of confidentiality. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.073, which provides the Texas Youth Commission with the authority to maintain written records. 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 April 9, 1993. TRD-9321560 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Chapter 89. Youth Rights and Remedies 37 TAC sec.89.1 The Texas Youth Commission (TYC) adopts an amendment to sec.89.1, concerning basic youth rights, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1577). The amendment will bring about more complete cross references in the section. The amendment adds a reference to GOP.75.08, sec.93.58 of this title, relating to Confidentiality Regarding Youth Alcohol and Drug Abuse. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make policies and rules appropriate to the proper accomplishment of its functions. 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 April 9, 1993. TRD-9321561 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control Disciplinary Practices 37 TAC sec.91.9, sec.91.11 The Texas Youth Commission (TYC) adopts amendments to sec.91.9, concerning parole revocation; and sec.91.11, concerning criteria for assigning youth to a program of greater restriction than the one he or she was assigned, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1577). The amendments will bring about increased protection of the public. The amendment to sec.91.9 eliminates the requirement in one of the criteria for parole revocation to assess high risk independently of the felony offense which meets the criterion. The amendment to sec.91.11 will allow the Commission to move a youth to a program of more restriction when he or she has previously been classified for a high risk offense. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to permit the liberty or confinement of a youth in TYC custody. 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 April 9, 1993. TRD-9321556 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Due Process Hearings Procedures 37 TAC sec.91.31 The Texas Youth Commission (TYC) adopts an amendment to sec.91.31, concerning Level I hearing procedure, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1578). The amendment will bring about a more complete use of the Level I hearing procedure. The amendment states that the Level I hearing procedure is appropriate due process in the case of a transfer to a more restrictive placement with an assigned minimum length of stay. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.081, which provides the Texas Youth Commission with the authority to resume care and custody of any youth released under supervision. 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 April 9, 1993. TRD-9321562 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 Chapter 93. General Provisions Records, Reports, Forms 37 TAC sec.93.57 The Texas Youth Commission (TYC) adopts the repeal of sec.93.57, concerning access to youth records, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1578). The new policy to be adopted will bring about more efficient procedures for limiting access to youth records. The section is being repealed in order to adopt a new policy. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, sec.61.073, which provides the Texas Youth Commission with the authority to keep written records on each child. 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 April 9, 1993. TRD-9321558 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244 37 TAC sec.sec.93.57-93.59 The Texas Youth Commission (TYC) adopts new sec.93.57, concerning access to youth records; and sec.93.58, concerning confidentiality regarding youth alcohol and drug abuse; and an amendment to sec.93.59, concerning youth masterfile records, without changes to the proposed text as published in the March 9, 1993, issue of the Texas Register (18 TexReg 1578). The new sections and amendment will bring about more efficient procedures for limiting access to youth records, confidentiality regarding youth alcohol and drug abuse, and for inventory of youth records. New sec.93.57 provides procedures for limiting access to youth records. New sec.93.58 provides procedures for ensuring the privacy of youth who are identified as alcohol or drug abusers. The amendment to sec.93.59 adds a reference to another section, and states that masterfiles may be located in residential contract placements if TYC staff is permanently located at the facility. Also, an amendment sets procedures for inventor of records. No comments were received regarding adoption of the new sections and amendment. The new sections and amendment are adopted under the Human Resources Code, sec.61.073, which provides the Texas Youth Commission with the authority to keep written records on each child. 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 April 9, 1993. TRD-9321565 Ron Jackson Executive Director Texas Youth Commission Effective date: May 3, 1993 Proposal publication date: March 9, 1993 For further information, please call: (512) 483-5244. TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services The following adoptions submitted by the Texas Department of Human Services on April 8, 1993, will be serialized beginning in the April 23, 1993, issue of the Texas Register. The effective date of these adoptions is May 1, 1993. Chapter 6. Disaster Assistance Case Decision, Review, and Closing 40 TAC sec.6.303 (repeal and new) Chapter 67. Social Work Certification Certification Requirements 40 TAC sec.sec.67.101-67.106 (new) Application Process 40 TAC sec.sec.67.201-67.208 (new) Certificate Expiration and Renewal 40 TAC sec.sec.67.301-67.305 (new) Administrative Actions 40 TAC sec.sec.67.401-67.410 (new) Chapter 85. General Licensing Procedures Subchapter III. Social Work Certification 40 TAC sec.sec.85.6001, 85.6003-85.6016, 85.6018-85.6029 (repeal)