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 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission Chapter 1. Library Development Library Services Construction Act Annual Program and Long Range Plan 13 TAC sec.1.21 The Texas State Library and Archives Commission adopts an amendment to sec.1.21, without changes to the proposed text as published in the April 18, 1995, issue of the Texas Register (20 TexReg 2761). The amendment concerns the approval of the federal Library Services and Construction Act Long Range Plan and Annual Program. The documents describe the types of financial assistance and services available to libraries and systems of libraries and the qualifications and procedures for receiving, administering and reporting on these funds. The Commission has adopted long range plans for fiscal years 1994-1999 and annual programs for fiscal years 1994, 1995, and 1996 by reference. Ramiro Salazar of Dallas Public Library commented, requesting a change in the criteria for the Major Urban Resource Libraries grant programs; Rebecca Sullivan of Terrell Public Library represented the Library Services and Construction Act Advisory Council commented against this requested change. The commission received no other comments regarding adoption of the amendment. The amendment is adopted under the Government Code, sec.441.009, that provides Texas State Library and Archives Commission with authority to adopt a state plan for improving library services in Texas. Government Code, sec.1.21 is affected by the amendment. 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 June 6, 1995. TRD-9506810 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 27, 1995 Proposal publication date: April 18, 1995 For further information, please call: (512) 463-5460 Minimum Standards for Accreditation of Libraries in the State Library System 13 TAC sec.sec.1.75, 1.81, 1.86 The Texas State Library and Archives Commission adopts new sec.1.86, and amendments to sec.1.75 and sec.1.81, without changes to the proposed text as published in the February 10, 1995, issue of the Texas Register (20 TexReg 925). The new rule and amendments concern the standards for accreditation of non- public libraries in the state library system. With the passage of House Bill 1589 (Acts 73rd Legislature-Regular Session sec.155) in the last legislative session, membership in the Texas Library System can now be offered to non-public libraries (those libraries operated by public school districts, institutions of higher education, or units of state or local government). This new rule and amendments specify the criteria for the accreditation of these libraries as members of the state library system. The commission received no comments regarding adoption of the new rule or amendments. The new section and the amendments are adopted under the Government Code, sec.441.136, that provides the Texas State Library and Archives Commission with the authority to adopt rules for the administration of the Texas Library System. 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 June 6, 1995. TRD-9506812 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 27, 1995 Proposal publication date: February 10, 1995 For further information, please call: (512) 463-5460 System Adivsory Council 13 TAC sec.1.112 The Texas State Library and Archives Commission adopts an amendment to sec.1.112, without changes to the proposed text as published in the February 10, 1995, issue of the Texas Register (20 TexReg 926). The amendment concerns the election of advisory councils and the appointment of lay representatives for libraries in the state library system. With the passage of House Bill 1589 (Acts 73rd Legislature-Regular Session sec.155) in the last legislative session, membership in the Texas Library System can now be offered to non-public libraries (those libraries operated by public school districts, institutions of higher education, or units of state or local government). This amendment specifies the procedures and requirements for appointment of lay representatives by members of the state library system. The commission received no comments regarding adoption of the amendment. The amendment is adopted under the Government Code, sec.441.136, that provides the Texas State Library and Archives Commission with the authority to adopt rules for the administration of the Texas Library System. The Government Code, sec.sec.441.121-441.138 is affected by the amendment. 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 June 6, 1995. TRD-9506811 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 27, 1995 Proposal publication date: February 10, 1995 For further information, please call: (512) 463-5460 TITLE 22. EXAMINING BOARDS Part V. State Board of Dental Examiners Chapter 102. Fees 22 TAC sec.102.1 The State Board of Dental Examiners, adopts new sec.102.1, concerning fees, without changes to the proposed text as published in the March 31, 1995, issue of the Texas Register (20 TexReg 2376). The new rule is being adopted to establish agency fees by rule pursuant to the newly enacted Dental Practice Act. The new rule establishes the fee schedule for the processing of various licensing and examination applications for dentists, dental hygienists and dental laboratories. The Dental Hygiene Advisory Committee and the Dental Laboratory Certification Council were in favor of this rule. The new rule is adopted under the Texas Government Code, sec.2001.034; Texas Civil Statutes, Article 4544, sec.1; Article 4545a, sec.1; Article 4545a, sec.2; Article 4550a, sec.1; Article 4550a, sec.2; Article 4551; Article 4551e, sec.5; Article 4551f, sec.6(a); Texas Health and Safety Code, sec.467.004; and sec.467. 0041, which provides the State Board of Dental Examiners with the authority to promulgate rules consistent with the Code. 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 June 5, 1995. TRD-9506856 Douglas A. Beran, Ph.D. Executive Director State Board of Dental Examiners Effective date: June 28, 1995 Proposal publication date: March 31, 1995 For further information, please call: (512) 463-6400 Part XXVI. Texas Board of Licensure for Professional Medical Physicists Chapter 601. Medical Physicists The Texas Board of Licensure for Professional Medical Physicists (board) with the approval of the Texas Department of Health (department) adopts amendments to sec.sec.601.1-601.6, 601.8, 601.10, 601.13-601.17; the repeal of sec.601.7; and new sec.601.7, concerning professional medical physicists. Section 601.5 is adopted with changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1612). Sections 601.1-601.4, 601.6, 601.8, 601.10, 601.13-601.17; the repeal of sec.601.7; and new sec.601.7 are adopted without changes and will not be republished. The amendments update and clarify the board's relating to purpose and scope; definitions; the board's operation; fees; exemptions; application procedures; licensure by examination; license issuance and license holder requirements; petition for adoption of rules; code of ethics; criminal background; violations, complaints, and subsequent actions; and surrender of license. The repeal of existing sec.601.7 concerns licensure without examination. The new sec.601.7 concerns reciprocity which was previously included in the section being repealed. The amendments insure that the wording in the rules is parallel with the Act, increase fees, allow an applicant to submit sworn evidence of a degree if a transcript is not issued, add an open book examination for all applicants, allow the board to disapprove an application if the applicant does not make a passing score of 80% on the open book examination, allow the board to disapprove an application if an applicant lacks professional ethics, necessary skills and abilities in the specialty area requested, and require an applicant with a foreign degree to have an evaluation and translation of the degree. The new section will cover an administrative procedure for licensure by reciprocity. The section for repeal covered reciprocity and licensure without examination, an application procedure which expired on August 31, 1994. No comments were received regarding the proposal of the amendments, the repeal, or the new section. Minor editorial changes were made for clarification purposes. 22 TAC sec.sec.601.1-601.8, 601.10, 601.13-601.17 The amendments and new section are adopted under the Texas Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, sec.11, which require the Texas Board of Licensure for Professional Medical Physicists to adopt rules, with the approval of the Texas Department of Health, that are reasonably necessary for the proper performance of its duties under the Act. sec.601.5. Exemptions. (a) The purpose of this section is to set out who is exempt from the Texas Medical Physics Practice Act (Act) and who must be licensed under the Act. (b)-(d) (No change.) This agency hereby certifies that the rule has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 6, 1995. TRD-9506817 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 27, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 458-7236 22 TAC sec.601.7 The repeal is adopted under the Texas Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, sec.11, which require the Texas Board of Licensure for Professional Medical Physicists to adopt rules, with the approval of the Texas Department of Health, that are reasonably necessary for the proper performance of its duties under the 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 June 6, 1995. TRD-9506818 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 27, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 458-7236 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 97. Communicable Diseases 25 TAC sec.sec.97.61-97.63, 97.66, 97.67, 97.71, 97.73, 97.75, 97. 77 The Texas Department of Health adopts amendments to sec. sec.97.61-97.63, 97. 66, 97.67, 97.71, 97.73, 97.75, and 97.77; and the repeal of sec.97.64, concerning immunization requirements for all children and students in Texas enrolled in child-care facilities, elementary and secondary schools, and institutions of higher education; including children admitted, detained or committed in Texas Department of Criminal Justice, Texas Mental Health and Mental Retardation, and Texas Youth Commission facilities. Sections 97.62, 97. 63, 97.66, 97.73, and 97.77 are adopted with changes to the proposed text as published in the December 9, 1994, issue of the Texas Register (19 TexReg 9711). Sections 97.61, 97.67, 97.71, and 97.75 are adopted without changes and will not be republished. The amendments update and clarify or delete existing immunization requirements for vaccine-preventable diseases in Texas. For clarity, the requirements for boosters have been incorporated in the amended sections as appropriate, necessitating the repeal of sec.97.64. Many of the changes, including the addition of a fourth dose of diphtheria-tetanus-pertussis (DTP) vaccine, bring the minimum school immunization requirements into closer agreement with the recommended medical optimum as outlined in the document titled "General Recommendations on Immunization" as recommended by the Advisory Committee on Immunization Practices (ACIP) dated January 28, 1994. The amended sections cover: scope; exclusions from compliance; required immunizations; inactivated polio vaccine (IPV) and combined schedule of polio vaccines; verification of measles illness, rubella illness or mumps illness; provisional enrollment; acceptable documents of immunizations; assistance and review of records; and remarks and special recommendations. No comments were received. There were minor editorial changes made for clarification purposes. In addition, the department added an effective date of August 1, 1996 to sec.97.63(c)(1)(E)(ii) and (2)(B)(ii) in order to provide ample opportunity for those covered by the requirements to incorporate the changes into their recordkeeping, computer programs, and internal review and notification processes. Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education 25 TAC sec.sec.97.61-97.63, 97.66, 97.67, 97.71, 97.73, 97.75, 97. 77 The amendments are adopted under the Education Code, sec.2.09(b) and (e), which requires the department to develop rules relating to the admission of persons to elementary or secondary schools, sec.2.091(c), which requires the department to develop the form for a required annual report of the immunization status of students; Human Resources Code, sec.42.043(c), which requires the department to develop rules for the admission of children to child care facilities; Health and Safety Code, sec.161.005(b), which requires the board to develop rules for the admission of children to facilities of the Texas Department of Mental Health and Mental Retardation, Texas Department of Criminal Justice, and Texas Youth Commission, sec.81.023(a) and sec.161.004(a), which requires the board to develop immunization requirements for all children, sec.81.004(b), which allows the board to adopt rules necessary to protect the public from communicable disease; and sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health and the Commissioner of Health. sec.97.62. Exclusions from Compliance. Exclusions from compliance are allowable on an individual basis for medical contraindications, religious conflicts, and active duty with the armed forces of the United States. Children and students in these categories must submit evidence for exclusion from compliance as specified in Texas Education Code, sec.2.09, and the Human Resources Code, Chapter 42. (1) Medical contraindications. The child or student must present an affidavit or certificate signed by a physician, duly registered and licensed to practice medicine in the United States, in which it is stated that, in the physician's opinion, the immunization required would be injurious to the health and well- being of the applicant or any member of his or her family or household. Unless a lifelong condition is specified, the affidavit or certificate is valid for only one year from the date signed by the physician and must be renewed every year for the exclusion to remain in effect. (2) Religious conflicts. A signed affidavit must be presented by the child's parent or guardian stating that the immunization conflicts with the tenets and practices of a recognized religious organization of which the applicant is an adherent or member. This exemption does not apply in times of emergency or outbreak declared by the commissioner of health or local health authority. (3) (No change.) sec.97.63. Required Immunizations. (a) For further information see sec.97.71 of this title (relating to Provisional Enrollment) and sec.97.77 of this title (relating to Remarks and Special Recommendations). (b) Oral polio vaccine (OPV) is the usual vaccine of choice for preventing polio; however, enhanced-potency inactivated polio vaccine (eIPV) may be medically indicated for some children and students. For further information see sec.97.66 of this title (relating to Inactivated Polio Vaccine eIPV/IPV and Combined Schedule of Polio Vaccines). (c) The following immunizations are required in the respective age groupings. (1) Children less than five years of age: polio vaccine, diphtheria-tetanus- pertussis (DTP) or diphtheria-tetanus-acellular pertussis (DTaP) vaccine, and measles, mumps, and rubella vaccine (MMR). For further information see sec.97.66 of this title. (A) Children less than two months old: no immunizations are required. (B) Children two months of age, but not yet four months of age: one dose each of OPV and DTP vaccine are required. (C) Children four months of age, but not yet six months of age: two doses each of OPV and DTP vaccine are required. (D) Children six months of age, but not yet 18 months of age: three doses of OPV and three doses of DTP vaccine are required. (E) All children 18 months of age, but not yet five years of age (18 months through four years of age): (i) three doses of OPV; three doses of DTP vaccine; and (ii) effective August 1, 1996: three doses of OPV; a combination of four doses of DTP vaccine. Any combination of four doses of DTP/DTaP will meet this requirement, provided that the DTaP doses were given as the fourth and/or fifth dose in the recommended series and on or after 15 months of age. (F) Children 18 months of age, but not yet five years of age (18 months of age through four years of age): one dose of measles vaccine, one dose of mumps vaccine, and one dose of rubella vaccine are required. (i) Beginning September 1, 1990, a dose of measles vaccine, mumps vaccine, and rubella vaccine (MMR) must have been received on or after the first birthday. (ii) A physician-validated history of measles illness or serologic confirmation of measles disease will substitute for the measles vaccine requirement. A physician -validated history of mumps illness or serologic confirmation of mumps disease will substitute for the mumps vaccine requirement. Serologic confirmation of rubella disease will substitute for the rubella vaccine requirement. A physician-validated history of rubella illness will not substitute for the rubella vaccine requirement. For further information see sec.97.67 of this title (relating to Verification of Measles Illness, Rubella Illness, or Mumps Illness). (G) Children less than five years of age: Haemophilus influenzae type b conjugate vaccine (HibCV). (i) Beginning September 1, 1991, the following HibCV immunizations are required in addition to the immunization requirements in this paragraph. (I) Children less than two months old: no immunizations required. (II) Children two months of age, but not yet four months of age: one dose is required. (III) Children four months of age, but not yet 15 months of age: two doses are required. (IV) Children 15 months of age, but not yet five years of age: one dose on or after 15 months of age is required unless a schedule for a primary series and booster was completed prior to or at 15 months of age. (ii) A physician-validated history of invasive Haemophilus influenzae type b disease, on or after the second birthday will substitute for the vaccine requirement for children two years of age through four years of age. (2) Children and students five years of age or older. (A) Polio. At least three doses of oral polio vaccine (OPV) are required, provided at least one dose has been received on or after the fourth birthday. Polio vaccine is not required for persons 18 years of age or older. For further information see sec.97.65 of this title (relating to Pregnancy), sec.97.66 of this title, and sec.97.77(c) and (d) of this title. (B) Tetanus/Diphtheria. (i) At least three doses of DTP, DT and/or Td vaccine are required, provided at least one dose has been received on or after the fourth birthday. Pertussis vaccine is not required for children/students who are five years of age and older. One dose of DTP, DTaP, DT, or Td is required within the last ten years. For further information see sec.97.77(c) and (d) of this title. (ii) Effective August 1, 1996, at least four doses of DTP or DTaP, DT, and/or Td vaccine are required, provided at least one dose has been received on or after the fourth birthday. Pertussis vaccine is not required for children/students who are five years of age and older. Any combination of four doses of DTP/DTaP will meet the DTP portion of this requirement, provided that any DTaP doses were given as the fourth and/or fifth dose in the recommended series and on or after 15 months of age. The requirement of at least four doses of DTP or DTaP, DT, and/or Td doses applies to students six years of age and younger. Only three doses of DTP, DTaP, DT and/or Td doses are required for children seven years of age and older provided at least one dose has been received on or after the fourth birthday. One dose of DTP, DTaP, DT or Td is required within the last ten years. For further information see sec.97.77(c) and (d) of this title. (C) Measles. (i) Beginning September 1, 1990: (I) all children and students must have received measles vaccine on or after their first birthday or provide a physician-validated history of measles illness, or serologic confirmation of measles immunity; and (II) the requirement for measles vaccine administered on o 27>r after the first birthday will apply if a child's/student's immunization record is updated; a child/student enters a child-care facility or school for the first time; or a child/student transfers from another state into a Texas school or child-care facility. (ii) Beginning January 1, 1991, children and students born on or after September 1, 1978 will be required to show proof of measles immunity or receipt of two doses of measles vaccine administered on or after the first birthday. This proof is not required until the child's 12th birthday. The two doses of measles vaccine must have been administered at least 30 days apart. Children and students may have 30 days past their 12th birthday to be in compliance with this clause. For further information see sec.97.65 of this title and sec.97.67 of this title. (D) Rubella. Beginning September 1, 1991: (i) all children and students must have received rubella vaccine on or after their first birthday or provide serologic confirmation of rubella immunity; and (ii) the requirement for rubella vaccine administered on or after the first birthday will apply if a child's/student's immunization record is updated; a child/student enters a child-care facility or school for the first time; or a child/student transfers from another state into a Texas school or child-care facility. For further information see sec.97.65 of this title and sec.97.67 of this title. (E) Mumps. Beginning September 1, 1990: (i) all children or students will be required to have received mumps vaccine administered on or after their first birthday or provide a physician-validated history of mumps illness or serologic confirmation of mumps immunity; and (ii) the requirement for mumps vaccine administered on or after the first birthday will apply if a child's/student's immunization record is updated, a child/student enters a child-care facility or school for the first time; or a child/student transfers from another state into a Texas school or child-care facility. For further information see sec.97. 65 of this title and sec.97.67 of this title. (3) Students in institutions of higher education (colleges, universities, and other teaching facilities above the high school level). (A) Applicability. This paragraph applies to all students enrolled in health- related courses which will involve direct patient contact in medical or dental care facilities. This includes all medical interns; residents; fellows; and others who are being trained in medical schools, hospitals, and health science centers listed in the Texas Higher Education Coordinating Board's list of higher education in Texas; and students attending two-year and four-year colleges whose course work involves direct patient contact regardless of: number of courses taken; number of hours taken; and classification of student. Subparagraph (I) of this paragraph also applies to veterinary medical students whose course work involves direct contact with animals or animal remains regardless of number of courses taken; number of hours taken; and classification of student. The department will assist institutions of higher education to educate all students of the need for immunizations and will assist in the provision of vaccines as resources allow. (B) Provisional enrollment. Students referenced in this paragraph may be provisionally enrolled for up to one semester or one quarter. The provisional enrollment will allow students to attend classes while obtaining the required immunizations and documentation (immunization records) of required immunizations. Student health care providers cannot be provisionally enrolled without receipt of at least one dose of MMR vaccine if direct patient contact will occur during the provisional enrollment period. For further information see sec.97.62 of this title (relating to Exclusions from Compliance); sec.97.65 of this title; sec.97. 67 of this title; sec.97.73 of this title (relating to Acceptable Documents of Immunizations); and sec.97.77 of this title. Other sections of this chapter regarding immunizations also affect college/university students and institutions of higher education. (C) Polio. Polio vaccine is not required for any student. All students enrolled in health-related courses are encouraged to ascertain that they are immune to poliomyelitis. (D) Tetanus/Diphtheria. Beginning January 1, 1992, tetanus/diphtheria toxoid (Td) is required for medical interns, residents, fellows, and students enrolled in health-related courses as defined in subparagraph (A) of this paragraph. Students enrolled in health-related courses must have received one dose of Td within the past ten years. For recordkeeping, only one date (month, day, year) for Td must be recorded, this dose is the Td dose administered within the past ten years. (E) Measles. Beginning January 1, 1992: (i) all students defined previously in subparagraph (A) of this paragraph who were born on or after January 1, 1957, must show proof of either: (I) two doses of measles vaccine administered since January 1, 1968 and on or after their first birthday and at least 30 days apart; or (II) at least one dose of measles vaccine administered on or after their first birthday, which must be received by students enrolled in health-related courses prior to direct patient contact and completion of the measles requirement must be accomplished as rapidly as is medically feasible; or (III) immunity to measles (physician-validated history or serologic confirmation); and (ii) for further information see sec.97.65 of this title and also sec.97.67 of this title. (F) Rubella. Beginning January 1, 1992: (i) all students enrolled in health-related courses defined previously in subparagraph (A) of this paragraph must show, prior to patient contact, proof of either: (I) one dose of rubella vaccine administered on or after their first birthday; or (II) serologic confirmation of rubella immunity; and (ii) for further information see sec.97.65 of this title and also sec.97.67 of this title. (G) Mumps. Beginning January 1, 1992: (i) all students defined previously in subparagraph (A) of this paragraph who were born on or after January 1, 1957, must show, prior to patient contact, proof of either: (I) one dose of mumps vaccine administered on or after their first birthday; or (II) immunity to mumps (physician-validated history or serologic confirmation); and (ii) for further information see sec.97.65 of this title and also sec.97.67 of this title. (H) Hepatitis B. Beginning January 1, 1992: (i) all medical and dental students, residents, and interns shall receive a complete series of hepatitis B vaccine prior to the start of direct patient care or show serologic confirmation of immunity to hepatitis B virus. All other students enrolled in health-related courses are encouraged to receive the complete series of hepatitis B vaccine; and (ii) all medical and dental interns and residents who are incompletely immunized to hepatitis B virus prior to the start of direct patient care shall complete the series as rapidly as is medically feasible or show serologic confirmation of immunity to hepatitis B virus. (I) Rabies. Beginning January 1, 1992: (i) all students enrolled in schools of veterinary medicine shall receive a complete primary series of rabies vaccine prior to the start of contact with animals or their remains; and (ii) a booster dose of rabies vaccine is to be obtained by the student every two years unless protective serum antibody levels are documented. sec.97.66. Enhanced-Potency Inactivated Polio Vaccine (eIPV/IPV) and Combined Schedule of Polio Vaccines. eIPV/IPV is the injectable type of polio vaccine which is usually recorded as "IPV" or eIPV or "Salk vaccine" on immunization records. A few children or students may need this type of polio vaccine instead of oral polio vaccine (OPV) because of medical considerations. A child or student may be provisionally enrolled with a history of one dose of eIPV/IPV, provided two more doses of eIPV are received as rapidly as is medically feasible. A child or student will be in full compliance with the polio vaccine requirements whenever he or she has received four IPV or three eIPV doses, and any recommended boosters. Four doses of IPV or three doses of eIPV are required for children and students with one dose administered since the fourth birthday. A combination of three doses of eIPV and OPV or four doses of conventional IPV and OPV constitute a primary series. In both cases, one dose must have been administered on or after the fourth birthday. For further information see sec.97.63 of this title (relating to Required Immunizations). sec.97.73. Acceptable Documents of Immunizations. Any validated document of immunization presented by a student is acceptable, provided it shows the month, day, and year when each immunization was received. The month, day, and year that the vaccine was administered or history of disease must be recorded in all new school immunization records created and in existing records updated after September 1, 1991. For the purposes of this section updating of a record will mean the creation of new immunization records or the entry onto an existing immunization record of doses administered on or after September 1, 1991. All new entries in immunization files must be based upon a certificate of immunization that has been validated by, or for, a physician or public health personnel. All immunization records created on or after September 1, 1995, must be a complete and accurate record of all validated immunization histories available for each child. These records must include all doses administered to a child, including all doses that exceed the minimum mandated requirements. The validated record should be returned to the student or the student's parent or guardian after the immunization history has been entered in school records. The Texas Department of Health and local health departments/districts will provide record-keeping cards free of charge for maintaining school immunization files. Commercially or locally produced immunization record cards may be used. sec.97.77. Remarks and Special Recommendations. (a) Immunization recommendations vary from state-to-state and from physician to physician. The immunization requirements specified in this section will assure protection against the vaccine-preventable diseases for the majority of students. Some physicians and local health departments/districts adhere to an immunization schedule which may require more doses than other physicians; therefore, many students will have received more doses of vaccine than those specified in this chapter. (b) (No change.) (c) If a dose of polio vaccine or DTP/DTaP/DT/Td vaccine is administered within the calendar month prior to, or of, the fourth birthday it will satisfy the requirement for a dose on or after the fourth birthday. (d) When a validated immunization record contains only one vaccine date for OPV, IPV or eIPV, or DTP/DTaP/DT/Td, and a "B" or the word "booster," or the words "series completed" (or similar wording) appears by the immunization date, assume that three doses of OPV, four doses of IPV or three doses of eIPV, or four doses of DTP/DTaP,DT,Td have been administered. If the date is within the month prior to, or of the fourth birthday, then the requirement for a dose on or after the fourth birthday is met under these circumstances. For further information see sec.97.73 of this title (relating to Acceptable Documents of Immunizations.) (e) Authorities in child-care facilities, schools, and institutions of higher education are required by Health and Safety Code, Chapter 81, Subchapter C, to report, on the day of recognition, all suspected or known cases of vaccine- preventable diseases that occur among students/children or staff, to the local health authority, the city or county health department/district, the city or county health officer, the public health regional office, or the Texas Department of Health in Austin, thus alerting health officials to possible outbreaks of these diseases. 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 June 6, 1995. TRD-9506794 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 27, 1995 Proposal publication date: December 9, 1994 For further information, please call: (512) 458-7236 25 TAC sec.97.64 The repeal is adopted under the Education Code, sec.2.09(b) and (e), which requires the department to develop rules relating to the admission of persons to elementary or secondary schools, sec.2.091(c), which requires the department to develop the form for a required annual report of the immunization status of students; Human Resources Code, sec.42.043(c), which requires the department to develop rules for the admission of children to child care facilities; Health and Safety Code, sec.161.005(b), which requires the board to develop rules for the admission of children to facilities of the Texas Department of Mental Health and Mental Retardation, Texas Department of Criminal Justice, and Texas Youth Commission, sec.81.023(a) and sec.161.004(a), which requires the board to develop immunization requirements for all children, sec.81.004(b), which allows the board to adopt rules necessary to protect the public from communicable disease; and sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health and the Commissioner of Health. 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 June 6, 1995. TRD-9506795 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 27, 1995 Proposal publication date: December 9, 1994 For further information, please call: (512) 458-7236 Chapter 337. Water Hygiene The Texas Department of Health (department) adopts the repeal of sec.337. 182 and new sec.337.182, concerning the Sanitarian/Code Enforcement Officers' Advisory Committee, without change to the proposed text as published in the December 27, 1994, issue of the Texas Register (19 TexReg 10306). In accordance with Texas Civil Statutes, Article 6252-33, the department must evaluate each of its advisory committees to determine whether the committee should be continued, modified, consolidated with other committees, or abolished. This new advisory committee is a combination of the Sanitarian Advisory Committee and Code Enforcement Officers Advisory Committee. Upon review by the Board of Health (board) the committee's structure has been revised to reflect the subject matter that the committee is to address. The number of members has increased from seven to nine members. The new section concerns the Sanitarian/Code Enforcement Officers' Advisory Committee and covers its' applicable law, purpose, tasks, abolishment, terms of office, officers, meetings, attendance, staff, procedures, subcommittees, statements by members, reports to the board, and reimbursement of members' expenses. The following is a summary of the comments received and the department's responses to the comments on the proposal. Comment: A commenter, a current member of the Code Enforcement Officers' Advisory Committee, while agreeing with the concept of the new advisory committee, requested consideration be given to a better balance of representation between registered sanitarians and code enforcement officers. Response: The agency disagrees and believes the new advisory committee composition of two consumer representatives, two code enforcement officers and five registered sanitarians will conduct committee business in a fair, professional manner. Additionally, the ratio of registered sanitarians to code enforcement officers on the new advisory committee is representative of the number of persons licensed in each profession by the department. Comment: A commenter, representing the Texas Association of Municipal Health Officers (TAMHO), wrote that he had conducted a telephone survey of TAMHO's Board of Directors and found a majority of them opposed the new advisory committee. The commenter stated that TAMHO and other environmental health professional associations were looking into revising the Sanitarian Registration Act. The commenter stated if TAMHO proceeds with the task of revising the Act, they would then revisit the issue of combining the two advisory committees. Response: In accordance with Texas Civil Statutes, Article 6252-33, the agency evaluated the two advisory committees and believes it must pursue the consolidation of the committees. Comments were received from a member of the Code Enforcement Officers Advisory Committee and a representative of the Texas Association of Municipal Health Officials. Based on the comments received, no changes were made to the proposal. Registration of Professional Sanitarians 25 TAC sec.337.182 The repeal is adopted under Texas Civil Statutes, Article 6252-33, which set standards for the evaluation of advisory committees by the agencies for which they function; and under Health and Safety Code, sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the Commissioner of Health. 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 June 6, 1995. TRD-9506792 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 27, 1995 Proposal publication date: December 27, 1994 For further information, please call: (512) 458-7236 The new section is adopted under Texas Civil Statutes, Article 6252-33, which set standards for the evaluation of advisory committees by the agencies for which they function, and under Health and Safety Code, sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the Commissioner of Health. 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 June 6, 1995. TRD-9506793 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 27, 1995 Proposal publication date: December 27, 1994 For further information, please call: (512) 458-7236 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 7. Surveying 31 TAC sec.7.2 The Texas General Land Office adopts an amendment to sec.7.2, concerning surveying procedures for coastal land, without changes to the proposed text as published in the May 5, 1995, issue of the Texas Register (20 TexReg 3320). The General Land Office adopts the amended section in order to allow for modifications in surveying requirements and implementation of the most efficient, timely, and appropriate surveying techniques and methodologies for determination of littoral boundaries. This flexibility in surveying requirements will enable the General Land Office to better protect, preserve, and enhance state real property assets. No comments were received regarding adoption of the proposed amendment. The amended section is adopted under Texas Natural Resources Code, sec.31. 051, which provides the General Land Office with the authority to execute and perform all acts and other things relating to public state land and to make and enforce rules consistent with the 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 June 6, 1995. TRD-9506827 Garry Mauro Commissioner General Land Office Effective date: June 27, 1995 Proposal publication date: May 5, 1995 For further information, please call: (512) 305-9129 Chapter 15. Coastal Area Planning Subchapter A. Management of the Beach/Dune System 31 TAC sec.15.11 The General Land Office (GLO) adopts an amendment to sec.15.11, concerning certification of the Town of South Padre Island's ("Town") dune protection and beach access plan ("plan"), without changes to the proposed text as published in the December 16, 1994, issue of the Texas Register (19 TexReg 9956). The rule has been amended to add the Town to sec.15.11(a)(9), which contains the list of local governments with certified plans. The local plans are designed to assist Texans in protecting private property, structures, and public beaches from the ravages of erosion, flooding, and a dwindling sand budget. The local plans are the product of a state and local government partnership which recognizes the economic and environmental benefits in protecting the beach/dune system and preserving and enhancing the public's right to use and have access to and from Texas' public beaches. The coast of the Gulf of Mexico provides critical estuarine habitat for wildlife and marine life, attracting sportsfishermen, birders, naturalists, and scientists. It is a tribute to Texas' public beaches that their beauty attracts tourists from around the world, enhancing local economies. It is economically smart to protect the Texas coast. The beach/dune system is an invaluable and irreplaceable part of the fragile, dynamic ecology of the Texas coast. Sand dunes are buffers against windblown salt and spray, and are vitally important in protecting the property that lies behind them against storms and floods. Sand dunes store sand which is critical to replenishing Texas' eroding beaches and the sediment budget. The local plans certified in sec.15.11 are a critical component of the effort to preserve the dynamic and fragile Texas coast. Pursuant to the Open Beaches Act and the Dune Protection Act (Texas Natural Resources Code, Chapters 61 and 63) and the beach\dune rules, (31 TAC sec.sec.15. 1-15.10), all local governments with jurisdiction over gulf beaches must submit plans to the GLO. As directed by the Texas Legislature, and after considering more than 1,000 comments during the public comment period, the GLO adopted the beach/dune rules in February, 1993 (18 TexReg 661), providing the minimum standards for protecting gulf beaches and dune systems through the content and implementation of local plans. The GLO has reviewed the Town's plan identified in subsection (a)(9) and hereby certifies that it is consistent with state law. In subsection (a), the GLO has now unconditionally certified nine local governments' plans. Only one comment was received regarding the proposed amendment to sec.15.11. The commenter asked how the certification of the Town of South Padre Island Dune Protection and Beach Access Plan would be handled in the event that the Town fails to complete a beach nourishment project. This subchapter allows local governments to adopt orders and ordinances for master-planned projects located in the beach/dune system. As stated in the Town's master plan, Ordinance 161-B adopted on May 18, 1994, 40% of the Town's beaches are eroding at rates of up to eight feet per year and the Town's most critical coastal management issues are coastal erosion, beach nourishment, dune protection, and beach access. As a result, the South Padre Island Board of Aldermen adopted a resolution supporting a beach nourishment project. Because no construction date was provided to the GLO by the Town, the certification of the plan will be withdrawn should the Town not commit to funding a beach nourishment project by November 1, 1996. This section is adopted pursuant to the Texas Natural Resources Code, sec.61. 011(d)(5) and sec.63.121, in which the Texas Legislature authorized the GLO to promulgate rules for the certification of local government beach access and use plans and for the identification and protection of critical dune areas. 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 June 6, 1995. TRD-9506826 Garry Mauro Commissioner General Land Office Effective date: June 27, 1995 Proposal publication date: December 16, 1994 For further information, please call: (512) 305-9129