ADOPTED RULES 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 XV. Texas State Board of Pharmacy Chapter 291. Pharmacies Nuclear Pharmacy (Class B) 22 TAC sec.291.52 The Texas State Board of Pharmacy adopts an amendment to sec.291.52, concerning personnel, with changes to the proposed text as published in the March 29, 1994, issue of the Texas Register (19 TexReg 2174). The amendment specifies minimum training requirements which must be met for a pharmacist to be an authorized nuclear pharmacist. One written comment was received from Richard A. Ratliff, P.E., Chief Bureau of Radiation Control, Texas Department of Health. The Board agrees with the comments by the Bureau of Radiation Control and has modified the proposed rule to include their suggestions. These changes include the addition of the term "authorized nuclear pharmacist" and specification that the total of 700 hours of training must be divided into 200 hours of didactic training and 500 hours of supervised experience. The amendment is adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1), sec.(4), which specifies that the purpose of the Act is to protect the public through the effective control and regulation of the practice of pharmacy; and sec.16(a), which gives the Board the authority to adopt rules for the proper administration and enforcement of the Act. The statute affected by this rule: Texas Civil Statutes, Article 4542a-1. sec.291.52. Personnel. (a) Pharmacists. (1) Pharmacist-in-charge. (A) Every nuclear pharmacy shall have an authorized nuclear pharmacist designated on the nuclear pharmacy license as the pharmacist-in-charge who shall be responsible for a nuclear pharmacy's compliance with laws and regulations, both state and federal, pertaining to the practice of nuclear pharmacy. (B) The nuclear pharmacy pharmacist-in-charge shall see that directives from the board are communicated to the owner(s), management, other pharmacists, and interns of the nuclear pharmacy. (C) A pharmacist may be pharmacist-in-charge for no more than one nuclear pharmacy at any one given time. (2) Authorized nuclear pharmacists. All personnel performing tasks in the preparation and distribution of radioactive pharmaceuticals shall be under the direct supervision of an authorized nuclear pharmacist. General qualifications for an authorized nuclear pharmacist are the following. A pharmacist shall: (A) meet minimal standards of training and experience in the handling of radioactive materials in accordance with the requirements of the Texas Regulations for Control of Radiation of the Bureau of Radiation Control, Texas Department of Health; (B) be a pharmacist licensed by the board to practice pharmacy in Texas; and (C) submit to the board either: (i) written certification that he or she has current board certification as a nuclear pharmacist by the Board of Pharmaceutical Specialties; or (ii) written certification signed by preceptor authorized nuclear pharmacist that he or she has achieved a level of competency sufficient to independently operate as an authorized nuclear pharmacist and has satisfactorily completed 700 hours in a structured educational program consisting of both: (I) 200 hours of didactic training in a program approved by Bureau of Radiation Control, Texas Department of health in the following areas: (-a-) radiation physics and instrumentation; (-b-) radiation protection; (-c-) mathematics pertaining to the use and measurement of radioactivity; (-d-) chemistry of radioactive material for medical use; and (II) 500 hours of supervised experience in a nuclear pharmacy involving the following: (-a-) shipping, receiving, and performing related radiation surveys; (-b-) using and performing checks for proper operation of dose calibrators, survey meters, and, if appropriate, instruments used to measure alpha- or beta- emitting radionuclides; (-c-) calculating, assaying, and safely preparing dosages for patients or human research subjects; (-d-) using administrative controls to avoid mistakes in the administration of radioactive material; and (-e-) using procedures to prevent or minimize contamination and using proper decontamination procedures. (3) The board may issue a letter of notification that the evidence submitted by the pharmacist meets the requirements of paragraph (2)(A)-(C) of this subsection and has been accepted by the board and that, based thereon, the pharmacist is recognized as an authorized nuclear pharmacist. (b)-(f) (No change.) 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 August 16, 1994. TRD-9446710 Fred S. Brinkley, Jr., R.Ph. M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: September 6, 1994 Proposal publication date: March 29, 1994 For further information, please call: (512) 832-0661 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter F. Motor Vehicle Sales Tax 34 TAC sec.3.89 The Comptroller of Public Accounts adopts an amendment to sec.3.89, concerning sales of house trailers, without changes to the proposed text as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3136). The section is amended to delete mobile offices from the definition of motor vehicles as provided by the 73rd Legislature, 1993. One comment was received from a representative of the Texas Department of Licensing and Regulation suggesting that the definition of recreational vehicle, as defined by 24 Code of Federal Regulations sec.3282.8(g), be included. The comptroller determined that the suggestion does not directly address the proposed rule amendments which deal with mobile office trailers. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. The amendment implements the Tax Code, sec.151.308 and sec.152.001. 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 August 16, 1994. TRD-9446705 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 6, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 463-4028 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 3. Income Assistance Services Subchapter I. Income 40 TAC sec.3.902 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 902, concerning types of income that are excluded in determining eligibility for Aid to Families with Dependent Children (AFDC) benefits, in its Income Assistance Services rule chapter, without changes to the proposed text as published in the July 15, 1994, issue of the Texas Register (19 TexReg 5457). The justification for the amendment is to increase the amount of the exemption from $375 to $500 for payments AFDC families receive from Job Training Partnership Act (JTPA) program participation. The amendment will function by making more JTPA program participants eligible for AFDC benefits. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendment implements the Human Resources Code, sec.22.001 and sec.31.003. 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 authority. Issued in Austin, Texas, on August 16, 1994. TRD-9446677 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: September 6, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 450-3765 Part VI. Texas Commission for the Deaf and Hearing Impaired Chapter 181. General Rules of Practice and Procedures Subchapter H. Memoranda of Understanding with State Agencies 40 TAC sec.sec.181.913, 181.915, 181.916 The Texas Commission for the Deaf and Hearing Impaired adopts amendments to sec.sec.181.913, 181.915, and 181.916, concerning the Commission's Memoranda of Understanding (MOUs) with the Texas School for the Deaf, the Texas Employment Commission, and the Texas Department of Mental Health and Mental Retardation respectively, without changes to the proposed text as published in the June 14, 1994, issue of the Texas Register (19 TexReg 4897). The amendments replace unclear language and provide more current information about the services offered by the respective agencies, the coordination between the Commission and the respective agencies, the identification of any duplication of service or gaps in service delivery, and the methods to address identified gaps in service delivery. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, sec.81.017, Human Resources Code, which direct the Texas Commission for the Deaf and Hearing Impaired to adopt by rule memoranda of understanding with specified state agencies and other state agencies that provide services to persons who are deaf. Section 81.017(c) requires that these memoranda be reviewed annually. 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 authority. Issued in Austin, Texas, on August 15, 1994. TRD-9446675 David W. Myers Executive Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 6, 1994 Proposal publication date: June 24, 1994 For further information, please call: (512) 451-8494 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the Department of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Department of Insurance, 333 Guadalupe, Austin.) The Commissioner of Insurance will hold a public hearing on October 3, 1994, at 9:00 a.m., under Docket Number 2111, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe in Austin, Texas, to consider a staff petition proposing adoption of two new endorsements, Endorsement Number FRO-421 to be attached to the Texas Farm and Ranch Owners Policy and Endorsement Number TFR- 080 to be attached to the Texas Farm and Ranch Policy, to provide coverage for greenhouses used for farming purposes for loss or damage caused by windstorm, hurricane, or hail. The petition also proposes new Texas Personal Lines Manual rules to govern the use of these endorsements and provide appropriate rates. The proposed endorsements and manual rules are necessary to restore windstorm, hurricane, and hail coverage for greenhouses located on a farm and ranch premises and used for farming purposes, which was inadvertently omitted when the Farm and Ranch Owners Policy and the Farm and Ranch Policy were revised into simplified easy-to-read language. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35, 5.101, 5.96, and 5.98. Copies of the full text of the proposed endorsements and Texas Personal Lines Manual rules are available for review in the Office of the Chief Clerk, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies, please contact Angie Arizpe at (512) 322-4147 (refer to Reference Number P-0894-17-I). Comments on the proposal must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to Lyndon Anderson, Associate Commissioner for Property and Casualty Division, P.O. Box 149104, MC 103-1A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedures and Texas Register Act (Administrative Procedure Act, 73rd Legislative, Regular Session, Chapter 268, sec.1, 1993 Texas General Laws 737 (codified at Government Code, Title 10, Subtitle A, Chapter 2001). 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 August 15, 1994. TRD-9446641 D. J. Powers General Counsel and Chief Clerk Texas Department of Insurance Earliest possible date of adoption: September 19, 1994 For further information, please call: (512) 463-6327