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 Grants: Electronic Access 13 TAC sec.1.101 The Texas State Library and Archives Commission adopts an amendment to sec.1.101, concerning grants and training for public library connections to the Internet, without changes to the proposed text as published in the March 19, 1996, Texas Register (21 TexReg 2113). The amendment is adopted to set forth the purpose, criteria, and procedures to award grants to public libraries and establish standards for public library Internet connections. The grants will assist public libraries to gain access to the Internet and electronic information as provided for in the 1996-1997 General Appropriations Act (74th Legislature, House Bill Number 1, Article I, Library and Archives Commission, Rider #7, Assistance to Public Libraries). The amendment is being adopted to set aside a portion of the grants awarded to public libraries for single-facility libraries serving under 25,000 population, and to make permanent the acceptance of prior expenditures for certain items as matching funds. The State Library will solicit applications from and award grants to individual libraries or groups of libraries to install Internet connections in local libraries. These connections will allow public library users and staff to search for and create copies of information on the Internet and the World-Wide Web, and will make existing computer catalogs available for library users statewide. Three persons commented in favor of the proposed amendment. Others who did not explicitly oppose or favor adoption of the amendment asked two questions: how was the amount of funds to be set-aside for independent grant applications derived, and what is included in the $89,000 to administer the grants? Commission responded that the grant guidelines were designed to strongly favor cooperative applications, because cooperative projects conserve the limited time and money available to provide the best service for the most people. The set- aside is intended only to provide a 'safety net' for those libraries which for some reason cannot participate in a cooperative project. The administrative costs for the grant program include a full-time librarian/administrator's salary and an office administrator, plus associated postage, telephone, supplies, travel, and other support costs. There were no paper mail comments on the proposed amendment. The proposed rules were posted on the Link-Tx electronic discussion list where the following persons commented: Leo Andreica Papa, Director, Lake Travis High School and Community Library; Juanita Hazelton, Director, Van Alstyne Public Library; DeLayne Hudspeth, University of Texas at Austin; Bob Gaines, Central Texas Library System; and Gene Crick, President, Metropolitan Austin Interactive Network. The amendment is adopted under Government Code, Chapter 441, Subchapter A, sec.441.0091 which provides the Commission the authority to provide grants to meet specific needs of local libraries that are not adequately addressed under other law. The Government Code, Chapter 441, Subchapter A, sec.441.006, is affected by the amendment. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1996. TRD-9607104 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 12, 1996 Proposal publication date: March 19, 1996 For further information, please call: (512) 463-5460 Chapter 6. State Records Microfilming Standards for State Agencies 13 TAC sec.sec.6.21-6.35 The Texas State Library and Archives Commission adopts new sec.sec.6.21-6. 35, concerning standards for the microfilming of state records, without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 1933). The new sections provide definitions of the technical terms that are used in microfilming and adopt national microfilming standards. Microfilming requirements are set forth in a logically organized sequence including provisions applicable to microfilming of local records in general; microfilm production procedures, tests, and inspections; microfilm storage conditions and inspections; specialized microfilming systems (computer output microfilm, jacketed microfilm, aperture card/computer assisted design systems, and step- and-repeat systems); expungement and destruction of microfilmed records; microfilming documentation and recordkeeping; and public access to information on microfilm. The result of adopting these sections will be that the microfilming of records will be done according to established standards to ensure the physical protection and information integrity of state records, thereby, improving public access to the records. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.sec.441.032, 441. 037, and 441.059, which provides the Texas State Library and Archives Commission with the authority to manage all state records with the cooperation of the heads of the various departments and institutions in charge of the records; to issue rules, standards, and procedures for the efficient management of state records; and to prescribe standards for storage of essential state records. The Government Code, sec.sec.441.032, 441.037, and 441.059 are affected by these new sections. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1996. TRD-9607125 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 12, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-5460 Chapter 7. Local Records Microfilming Standards for Local Governments sec.sec.7.21-7.35 The Texas State Library and Archives Commission adopts the repeal of sec.sec.7.21-7.35 concerning standards for the microfilming of local government records, without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 1940). The repeals are adopted in response to comments received from local governments that the microfilming standards were overly detailed, difficult to understand, and not organized in a sequence that facilitated identification of requirements for specific aspects of the microfilming process. These sections are repealed for the purpose of adopting new standards to provide local government officials with more clearly and simply written and more logically organized standards. No comments were received regarding adoption of the repeals. The repeals are adopted under the Local Government Code, sec.204.004, which requires the Texas State Library and Archives Commission to adopt rules establishing standards and procedures for the microfilming of local government records. The Local Government Code, sec.204.004, is affected by these repeals. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1996. TRD-9607127 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 12, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-5460 The Texas State Library and Archives Commission adopts new sec.sec.7.21-7.35, concerning standards for the microfilming of local government records, without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 1941). The new sections update definitions of the technical terms that are used in microfilming and adopt the most current versions of national microfilming standards. Microfilming requirements are set forth in a logically organized sequence including provisions applicable to microfilming of local records in general; microfilm production procedures, tests, and inspections; microfilm storage conditions and inspections; specialized microfilming systems (computer output microfilm, jacketed microfilm, aperture card/computer assisted design systems, and step-and-repeat systems); expungement and destruction of microfilmed records; microfilming documentation and recordkeeping; and public access to information on microfilm. The adopted sections make it easier for local government officials to understand the standards and to locate requirements for specific aspects of the microfilming process. The commission received comments from the City of Dallas and the Edwards Underground Water Conservation District. The City of Dallas requested a change in sec.7.23(b) to require the microfilming needs assessment be submitted to the records management officer to determine if filming is justified. The commission believes a records custodian may be in a position to adequately make this determination in some situations, such as, a local government that does not currently have a designated records management officer. The Edwards Underground Water Conservation District and the City of Dallas recommended sec.7.23(c) be changed to allow records with the same retention period to be filmed on the same roll of film. The commission is concerned that the filming of different records series on the same roll of film, even if they have the same retention period at the time of filming, will cause problems because the retention period for one or more of the records series may change at a later date. This would result in the records needing to be destroyed at different times even though they are on the same roll of film. The City of Dallas recommended adding a requirement to sec.7.23(d) that the security copy of essential records must be silver for records with a retention period of ten years or longer and may be diazo for records with a retention period of less than ten years. The commission considers this to be a procedural decision best made at the local government level taking into account all factors related to the specific records and other alternatives that may be appropriate for addressing this concern. The City of Dallas recommended adding requirements under sec.sec.7.25(a)(2) and 7.25(a)(3) for the refilming of the original records if the film fails to meet the standard for the density or resolution tests. The commission considers this to be a procedural decision best made at the local government level taking into account all factors related to the specific records and other alternatives that may be appropriate for addressing this concern. The City of Dallas recommended adding a subsection under sec.7.27 to require that any stored film found to be deteriorating must be replaced with duplicate film. The commission considers this to be a procedural decision best made at the local government level taking into account all factors related to the specific records and other alternatives that may be appropriate for addressing this concern. The City of Dallas recommended adding subsections under sec.7.28 to require that computer output microfilm (COM) failing quality tests must be recreated from original tape and COM failing inspection must be duplicated. The commission considers this to be a procedural decision best made at the local government level taking into account all factors related to the specific records and other alternatives that may be appropriate for addressing this concern. The City of Dallas recommended changing sec.7.29(b) to add the requirement that the duplicate security copy be created before jacketing. The recommendation also specified that the security copy for records with a retention period of ten years or longer must be silver and for records with a retention period of less than ten years may be diazo. The commission considers this to be a procedural decision best made at the local government level taking into account all factors related to the specific records and other alternatives that may be appropriate for addressing this concern. The City of Dallas recommended the wording of sec.7.33(c) be changed to clarify that it applies to film created prior to the effective date of the standards. Since the new microfilming standards prohibit filming multiple records series on a roll of microfilm, the commission believes it is appropriate to specify a method for destruction of roll film with multiple records series that was created before the rules were in effect, thereby giving local governments an alternative to having to retain the whole roll of film until the records with the longest retention period are eligible for destruction. The new sections are adopted under the Local Government Code, sec.204.004, which requires the Texas State Library and Archives Commission to adopt rules establishing standards and procedures for the microfilming of local government records. The Local Government Code, sec.204.004 is affected by these new sections. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1996. TRD-9607126 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 12, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-5460 Chapter 9. Talking Book Program Adaptive Technology for Texas Public Libraries 13 TAC sec.sec.9.15-9.21 The Texas State Library and Archives Commission adopts new sec.sec.9.15-9. 21, concerning procedures to loan adaptive equipment to Texas public libraries for use by persons with visual disabilities without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 1948). The sections define eligibility requirements and basic procedures for the new program, Print Access for Texans. The sections establish the requirements and procedures necessary to ensure the fair and equitable loan of this equipment to Texas public libraries. No comments were received regarding adoption of the new rules. The new sections are adopted under the Human Resources Code, sec.91.082 which requires the Texas State Library and Archives Commission to establish a central media center for persons unable to use ordinary print materials, Government Code, sec.441.006, which provides the Commission with the authority to govern the Texas State Library, and House Bill 1 (Acts of the 74th Legislature-Regular Session-Article 1, Library and Archives Commission, #8 Appropriation: Print Access Aids.) which directs the Commission to ensure that print access aids are equitably distributed among public libraries based on need and location. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1996. TRD-9607128 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 12, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-5460 13 TAC sec.sec.9.21-9.31 The Texas State Library and Archives Commission adopts the repeal of sec.sec.9.21-9.31, concerning rules for the Texas Reading Machine Program, without changes to the proposed text as published in the March 12, 1996, issue of the Texas Register (21 TexReg 1949). The repeals are adopted to eliminate rules for a program which no longer exists. The statutory authority for the Texas Reading Machine program was removed from the Government Code by House Bill 1843, (Acts of the 73d Legislature-Regular Session-Chapter 387, sec.7, effective September 1, 1993). No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, sec.91.082 which requires the Texas State Library and Archives Commission to establish a central media center for persons unable to use ordinary print materials, and Government Code, sec.441.006, which provides the Commission with the authority to govern the Texas State Library. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1996. TRD-9607129 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: June 12, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 463-5460 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter M. Approval and Operation of Community/Junior College Branch Campuses 19 TAC sec.sec.5.263-5.267 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.5. 263-5.267, concerning Approval and Operation of Community/Junior College Branch Campuses, with changes to the proposed text as published in the February 27, 1996 issue of the Texas Register (21 TexReg 1437). The proposed rules would allow for some flexibility in the kinds of economic support required of Texas public community colleges offering programs in areas where no public community college is located. These amendments would continue to maintain the requirement that an appropriate financial base be in place for those out-of-district units which reach an enrollment of 1,000 full-time equivalent students (FTE) in order to ensure that programs of high quality and adequate range meet the needs of the area. The application of the proposed rule would function in allowing Texas public community colleges to offer out-of- district programs without the need for a property tax if other economic support can be demonstrated, adequate to support high quality programs. Comments were received from several public community colleges. The following suggestions were made: (1) eliminate the requirement that student records will indicate all courses which are taken at a branch campus; (2) eliminate the requirement that one-half of the instructional faculty teaching at the branch campus must be full-time to part-time instructors at the branch campus should approximate the same ratio in the district;; and (3) revise the provision concerning out-of-district student tuition and fees to reflect that student charges should be set at an amount adequate to cover the costs of instruction and support services not covered by other local support or state funding generated by the out-of-district location. The agency agreed with the comments and additional changes were made accordingly. The amendments are adopted under Texas Education Code, sec.130.086, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Approval and Operation of Community/Junior College Branch Campuses. sec.5.263. Definition of "Out-of-District Unit". Out-of-district units of community/junior colleges are of two types: (1) centers of extension facilities, which are subject to Subchapter H of this title (relating to Approval of Distance Learning for Public Colleges and Universities ); and (2) branch campuses, which are subject to the provisions of this subchapter. Branch campuses of community/junior colleges operate as out-of-district units of existing community/junior college districts for the purpose of providing the programs outlined by the role and scope statements in sec.5.265(1) of this title (relating to Application and Approval Procedures) on an on-going and permanent basis. sec.5.264. Conversion Provisions. Consistent with the statutory purposes of a public community/junior college as set out under sec.5.265(1) of this title (relating to Application and Approval Procedures) and in accordance with Coordinating Board guidelines that no community/junior colleges be established without sufficient local support, whenever any out-of-district center or extension facility reaches an enrollment of 1,000 full-time equivalent students in state-supported credit courses, one of the options in paragraphs (1)-(3) of this subsection must be exercised. (1) The out-of-district area may establish its own community/junior college district, or (2) The out-of-district area may merge with the parent district by annexation or (3) A center or extension facility may be converted to a branch campus if a local tax is levied or other local economic support is sufficient to: (A) offer an array of programs of quality and breadth, and (B) to maintain and operate the branch campus facilities and equipment. sec.5.265. Application and Approval Procedures. In accordance with a format established by the Coordinating Board staff, each institution operating an out- of-district center that will exceed 1000 full-time equivalent students must apply for designation as a branch campus, must complete an application and be reviewed by a Coordinating purposes of documenting that it meets the standards and criteria for quality instruction and support services as outlined in this section and as specified in Subchapter H, sec.5.153 of this title (relating to Approval of Distance Learning for Public Colleges and Universities) and as required by the Commission on Colleges of the Southern Association of Colleges and Schools. (1) Role and scope. In its program aspects, a branch campus of a public community/junior college is equivalent to an independent community college; therefore, in accordance with Texas Education Code, sec.130.003(e), it must provide: (A) technical programs up to two years in length leading to associate degrees or certificates; (B) vocational programs leading directly to employment in semiskilled and skilled occupations; (C) freshman and sophomore courses in arts and sciences; (D) continuing adult education programs for occupational or cultural upgrading; (E) compensatory education programs designed to fulfill the commitment of an admissions policy allowing enrollment of disadvantaged students; (F) a continuing program of counseling and guidance designed to assist students in achieving their individual student goals; (G) work force development programs designed to meet local and statewide needs; (H) adult literacy and other basic skills programs for adults; and (I) such other purposes as may be prescribed by the Texas Higher Education Coordinating Board, or local governing boards, in the best interest of postsecondary education in Texas. (2) Minimum size. The minimum headcount enrollment necessary to establish a branch campus is 1, 000 full-time equivalent students in state-supported credit courses in the most recent fall semester. In calculating the enrollment necessary for branch campus establishment or conversion, junior college out-of- district credit enrollment figures will be determined by including the credit students enrolled within the area served by the proposed branch campus. Such areas are defined by school district or county boundaries or both. Exceptions for approval by the Coordinating Board of out-of-district branch campuses of less than 1,000 full-time equivalent students will be considered only if there is a local tax to support the proposed branch campus and, as a result of an appropriate review, the Coordinating Board has determined that the economic support is sufficient to offer an array of programs of quality and breadth. (3) Programs and courses. All courses, programs, and degrees must be offered in the name of the parent district, and the following criteria will be applied in determining approval: (A) (No change.) (B) courses and programs must be developed and operated with the on-going assistance and involvement of the parent district faculty and staff; and (C) instructional faculty credentials, full-time/part-time faculty ratios, teaching loads, faculty performance evaluation and effectiveness, student accessibility to faculty, etc., will be reviewed to ensure that these elements contribute to the quality of courses and programs offered. (4) (No change.) (5) Funding. (A) (No change.) (B) Local support must be furnished at a level sufficient to provide an array of programs of quality and breadth and all facilities and equipment needed at the proposed branch campus location. "Facilities" includes the operation and maintenance of the physical plant plus any rehabilitation and repairs. "Local support" may be "in kind." Local support may not be made up entirely of student tuition and fees, but out-of-district student charges should be set at an amount adequate to cover the direct and indirect costs of instruction and support services not covered by other local support or state funding generated by the out-of-district location. (C)-(D) (No change.) (6) Regional higher education council review and certification. The regional higher education council within which the branch campus is proposed must review the branch campus application. Council minutes must reflect discussions of the proposal with all public and independent colleges and universities within the council(s) affected. sec.5.266. Continuing Coordinating Board Supervision. Program and course offerings must continue to meet the requirements provided by sec.5. 265(1) of this title (relating to Application and Approval Procedures) as well as the standards and criteria for quality instruction and support services in distance learning as specified in Subchapter H, sec.5.153 of this title (relating to Approval of Distance Learning for Public Colleges and Universities). sec.5.267. Reclassification. (a) (No change.) (b) The Coordinating Board may withdraw approval for a branch campus whenever the board determines that conditions warrant such action. Such conditions include: (1) (No change.) (2) failure to maintain the required level of local support, or (3) failure to maintain the standards and criteria provided in Coordinating Board Rules and Regulations. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607173 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 13, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 483-6160 19 TAC sec.5.268 The Texas Higher Education Coordinating Board adopts the repeal of sec.5. 268, concerning Approval and Operation of Community/Junior College Branch Campuses (Exclusion and Restrictions), without changes to the proposed text as published in the February 27, 1996 issue of the Texas Register (21 TexReg 1439). The repeal of the rule would allow for some flexibility in the kinds of economic support required of Texas public community colleges offering programs in areas where no public community college is located. This repeal of the rule would continue to maintain the requirement that an appropriate financial base be in place for those out-of-district units which reach an enrollment of 1,000 full-time equivalent students (FTE) in order to ensure that programs of high quality and adequate range meet the needs of the area. The application of the proposed rule would function in allowing Texas public community colleges to offer out-of-district programs without the need for a property tax if other economic support can be demonstrated, adequate to support high quality programs. Comments were received from several public community colleges. The following suggestions were made: (1) eliminate the requirement that student records will indicate all courses which are taken at a branch campus; (2) eliminate the requirement that one-half of the instructional faculty teaching at the branch campus must be full-time to part-time instructors at the branch campus should approximate the same ratio in the district;; and (3) revise the provision concerning out-of-district student tuition and fees to reflect that student charges should be set at an amount adequate to cover the costs of instruction and support services not covered by other local support or state funding generated by the out-of-district location. The repeal is adopted under Texas Education Code, sec.130.086, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Approval and Operation of Community/Junior College Branch Campuses (Exclusion and Restrictions) . This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607174 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 13, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 483-6160 Chapter 9. Public Junior Colleges Subchapter E. Operational Provisions 19 TAC sec.9.103 The Texas Higher Education Coordinating Board adopts an amendment to sec.9. 103, concerning Operational Provisions (Reporting for State Reimbursement), without changes to the proposed text as published in the February 27, 1996 issue of the Texas Register (21 TexReg 1440). There exists some inconsistency in the Coordinating Board rules for the reporting of two different kinds of course enrollments for state reimbursement: semester length versus other than semester length class enrollments. The proposed reporting requirements would link both kinds of courses to "enrollment" as of the official census date and would eliminate the use of "attendance" as a factor in determining which students could be reported for state reimbursement. The application of the proposed rule would ensure consistency between student enrollment reporting for semester length and other than semester length courses. There were no comments received regarding the proposed amendment. The amendment is adopted under Texas Education Code, sec.130.003, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Operational Provisions (Reporting for State Reimbursement). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607175 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 13, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 483-6160 Subchapter I. Contractual Agreements 19 TAC sec.9.192 The Texas Higher Education Coordinating Board adopts an amendment to sec.9. 192, concerning Contractual Agreements (Contractual Agreements for Instruction with Non-Regionally Accredited Organizations), with changes to the proposed text as published in the February 27, 1996 issue of the Texas Register (21 TexReg 1441). The State Auditor's Office has asked that the Coordinating Board develop explicit criteria by which the Legislature will fund courses provided through contractual agreements with non-regionally accredited organizations. The proposed amendments to the rules address the issues related to contractual agreements in the areas of institutional control, allowable costs for state reimbursement, and institutional assurance of quality for those courses and programs contracted out to these organizations. The proposed amendments, which incorporate guidelines issued by the Southern Association of Colleges and Schools, the regional accrediting body recognized by the Coordinating Board, will ensure that the State Auditor's Office can audit contracted programs and services against a specific requirement of Coordinating Board policy. One comment was received from a public community college regarding the proposed amendment and suggested that a modification should be made to the proposed amendment changing the requirement regarding employment of instructors. The agency agreed with the comments and changes were made accordingly. The amendment is adopted under Texas Education Code, sec.135.54, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Contractual Agreements (Contractual Agreements for Instruction with Non-Regionally Accredited Organizations). sec.9.192. Contractual Agreements for Instruction with Non-Regionally Accredited Organizations. (a) General Policy Guidelines. (1) Contractual agreements for instruction by public community and technical colleges with non-regionally accredited organizations must comply with all current guidelines of the Commission on Colleges of the Southern Association of Colleges and Schools. (2)-(3) (No change.) (b) Regulations. (1) Coordinating Board approval is required. (A) (No change.) (B) Courses offered must remain under the sole and direct control of the sponsoring accredited institution which exercises ultimate and continuing responsibility for the performance of the functions reflected in the contract. Instructors of courses must meet qualifications as stipulated by the accredited institution. The accredited institution should employ at least one full-time faculty member per degree program and specify in the contract the institutional procedures by which the contracted courses or programs meet the standards of regular programs as disclosed fully in the publications of the institution, specifically including the following: (i) recruitment and counseling of students; (ii) admission of students to courses and/or to the sponsoring institution where credit programs are pursued; (iii) development and evaluation of the curriculum; (iv) evaluation of student progress; (vi) record keeping; (v) (No change.) (vii) tuition and/or fee charges, receipts and disbursement of funds, and refund policy; and evaluation of faculty; and (ix) instruction and learning resources. (2) (No change.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607176 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 13, 1996 Proposal publication date: February 27, 1996 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS Part III. Texas Board of Chiropractic Examiners Chapter 76. Investigation 22 TAC sec.76.2 The Texas Board of Chiropractic Examiners adopts the repeal of sec.76.2, concerning the confidentiality of complaints, adverse reports, investigation files, other investigation reports and other investigative information in the possession of, received or gathered by the Board without changes to the proposed text as published in the April 5, 1996, issue of the Texas Register (21 TexReg 2902). The repeal is to insure that no one is confused that complaint information is confidential. The section is repealed to comply with Senate Bill 673 (Article 4512b, sec.24(a)) adopted by the 74th Legislature and effective June 18, 1995. Senate Bill 673 requires that the Texas Board of Chiropractic Examiners review and amend, in conformance with this Act, all rules adopted by the Board on or after September 1, 1994. The Chiropractic Act, Article 4512b (Vernon's Annotated Civil Statutes), sec.sec.4a, 14a, and 14c authorize and require the Board to establish rules. Section 4a authorizes the Board to make rules consistent with this law as necessary to perform its duties. Section 14a deals with disciplinary authority of the Board. Section 14c deals with the Enforcement Committee of the Board. The act, sec.24a requires that any rule adopted or proposed for adoption by the Texas Board of Chiropractic Examiners on or after September 1, 1994 must be reviewed and amended in conformance with the Act except for rules pertaining to procedures for conduct of a contested case or rules regarding internal operating procedures. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, the Chiropractic Act of 1995, Senate Bill 673, 74th Legislature, Regular Session 1995, which requires the Board to review and amend rules as set forth in the Act, sec.24. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607249 Patte B. Kent Executive Director Texas Board of Chiropractic Examiners Effective date: June 14, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 305-6700 Part IX. Texas State Board of Medical Examiners Chapter 173. Applications 22 TAC sec.173.1 The Texas State Board of Medical Examiners adopts an amendment to sec.173. 1, without changes to the proposed text as published in the April 5, 1996, issue of the Texas Register (21 TexReg 2903). The section as adopted will clarify the board's new address. The section as adopted will function by letting the public know the new physical location where applications of the board may be obtained. No comments were received concerning adoption of the amendment. The amendment is adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on May 24, 1996. TRD-9607332 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: June 14, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 305-7016 Chapter 179. Investigation Files 22 TAC sec.179.6 The Texas State Board of Medical Examiners adopts an amendment to sec.179. 6, without changes to the proposed text as published in the April 5, 1996, issue of the Texas Register (21 TexReg 2903). The section as adopted will clarify the board's new address. The section will function by clarifying the address where physicians or insurance carriers should submit professional medical liability claims. No comments were received concerning adoption of the amendment. The amendment is adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on May 24, 1996. TRD-9607333 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: June 14, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 305-7016 Chapter 180. Rehabilitation Orders 22 TAC sec.180.1 The Texas State Board of Medical Examiners adopts new sec.180.1, without changes to the proposed text as published in the April 5, 1996, issue of the Texas Register (21 TexReg 2903). The section as adopted will promote the efficient administration of the provisions of the Medical Practice Act, section 3.081, related to rehabilitation orders. The section as adopted will function by outlining the procedures for staff and board members to follow when processing and approving rehabilitation orders. The new section is adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on May 24, 1996. TRD-9607334 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: June 14, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 305-7016 Chapter 188. Complaint Procedure Notification 22 TAC sec.188.1 The Texas State Board of Medical Examiners adopts an amendment to sec.188. 1, without changes to the proposed text as published in the April 5, 1996, issue of the Texas Register (21 TexReg 2904). The section as adopted will clarify the board's new address. The section as adopted will function by updating the board's complaint procedure notification form. No comments were received concerning adoption of the amendment. The amendment is adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), 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. Article 4495b, sec.2.09(s) is affected by this amendment. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on May 24, 1996. TRD-9607335 Bruce A. Levy M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: June 14, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 305-7016 Chapter 193. Standing Delegation Orders 22 TAC sec.sec.193.2-193.4, sec.193.8 The Texas State Board of Medical Examiners adopts amendments to sec.sec.193. 2-193.4, without changes and sec.193.8, with one administrative change, to the proposed text as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2628). The section as adopted will comply with changes made during the 74th Legislature through Senate Bill 1302 and Senate Bill 673 related to the delegation of prescriptive authority to physician assistants and advanced practice nurses. The section will function by outlining the circumstances under which a physician may delegate prescriptive authority to physician assistants and advanced practice nurses. Two comments, one from the Texas Academy of Physician Assistants and one from Good Shephered Medical Center, were made in favor of adoption of the amendments. The board concurs. One comment was received from Planned Parenthood of Houston and Southeast Texas requesting that the board change sec.193.8(b)(1) from "...any complications or problems encountered that are not covered by a protocol..." to "...any significant complications or problems encountered...". In addition, the commenter recommends rewording sec.193.8(b)(2) to allow the required physician visitation of clinics to take place "...at least once every 40 hours of business time, during regular business hours,...". The board disagrees with these recommendations because the change would be outside the plain reading of the statute. The amendments are adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), 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. sec.193.8. Delegation of the Carrying Out or Signing of Prescription Drug Orders to Physician Assistants and Advanced Practice Nurses. (a) Purpose. The purpose of this section is to provide guidelines for implementation of the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.3.06(d)(5) and (6), which provide for the use by physicians of standing delegation orders, standing medical orders, physician's order, or other orders or protocols in delegating authority to physician assistants or advanced practice nurses at sites serving medically underserved populations, at a physician's primary practice site, or at a site described in subsection (j) of this section. For purposes of this section, the term "advanced practice" nurse means a licensee of the Texas Board of Nurse Examiners who is approved to carry out or sign a prescription drug order by that board. For purposes of this section, the term "physician assistant" means a licensee of the Texas State Board of Physician Assistant Examiners. In accord with Texas Civil Statutes, Article 4495b, sec.3.06(d)(5) and (6), this section establishes minimum standards for supervision by physicians of physician assistants and advanced practice nurses for provision of services at such sites. This section also provides for the signing of a prescription by an advanced practice nurse or a physician assistant after the person has been designated by the delegating physician and for the use of prescriptions presigned by the supervising physician which may be carried out by a physician assistant or advanced practice nurse according to protocols. Such protocols may authorize diagnosis of the patient's condition and treatment, including prescription of dangerous drugs. Proper use of protocols allows integration of clinical data gathered by the physician assistant or advanced practice nurse. Neither the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.3.06(d)(5) or (6) , nor these rules authorize the exercise of independent medical judgment by physician assistants or advanced practice nurses, and the supervising physician remains responsible to the board and to his or her patients for acts performed under the physician's delegated authority. Advanced practice nurses and physician assistants remain professionally responsible for acts performed under the scope and authority of their own licenses. (b) Physician Supervision at Site Serving Medically Underserved Populations. Physician supervision of a physician assistant or advanced practice nurse at a site serving a medically underserved population will be adequate if a delegating physician: (1) receives a daily status report to be conveyed in person, by telephone, or by radio from the advanced practice nurse or physician assistant on any complications or problems encountered that are not covered by a protocol; (2) visits the clinic in person at least once a week during regular business hours to observe and to provide medical direction and consultation to include, but not be limited to: (A) reviewing with the physician assistant or advanced practice nurse case histories of patients with problems or complications encountered; (B)-(C) No change; (3) is available by telephone or direct telecommunication for consultation, assistance with medical emergencies, or patient referrals. (4) is responsible for the formulation of approval of such physician's orders, standing medical orders, standing delegation orders, or other orders or protocols and periodically reviews such orders and the services provided patients under such orders. (c) Documentation of Supervision. If the physician assistant or advanced practice nurse is located at a site other than the site where the physician spends the majority of the physician's time, physician supervision shall be documented through a log kept at the clinic where the physician assistant or advanced practice nurse is located. The log will include the names or identification numbers of patients discussed during the daily status reports, the times when the physician is on site, and a summary of what the physician did while on site. Said summary shall include a description of the quality assurance activities conducted and the names of any patients seen or whose case histories were reviewed with the physician assistant or advanced practice nurse. The supervising physician shall sign each log at the conclusion of each site visit. A log is not required if the physician assistant or advanced practice nurse is permanently located with the physician at a site where the physician spends the majority of the physician's time. (d) Alternate Physicians. If a delegating physician will be unavailable to supervise the physician assistant or advanced practice nurse as required by this section, arrangements shall be made for another physician to provide that supervision. The physician providing that supervision shall affirm in writing that he or she is familiar with the protocols or standing delegation orders in use at the clinic and is accountable for adequately supervising care provided pursuant to those protocols or standing delegation orders by fulfilling the requirements for registration as an alternate supervising physician as detailed in rules of the Texas State Board of Physician Assistant Examiners, 22 Texas Administrative Code sec.185. (e) Supervision of Clinics. A physician may not supervise more than three clinics without approval of the board. A physician may not supervise any number of clinics with combined regular business hours exceeding 150 concurrent hours per week without approval of the board. (f) Exceptions to Patient Chart Review. Exceptions to the percentage of patient chart reviews required by subsection (b)(2)(C) of this section and the provisions of subsection (e) of this section relating to the number of clinics or clinic hours supervised may be made by the board upon special request by a delegating physician. Such a request shall state the special circumstances and needs prompting the exception, the names and locations of the clinics and/or hours to be supervised, and a plan of supervision. In granting an exception, the board shall state the percentage of charts that must be reviewed and/or the number of clinics or the combined clinic hours that can be supervised. (g) Delegation of Prescriptive Authority at Site Serving Underserved Populations. A physician may delegate to a physician assistant or advanced practice nurse the act or acts of administering, providing, or carrying out or signing a prescription drug order as authorized by the physician through physician's orders, standing medical orders, standing delegation orders, or other orders or protocols as defined by the board in treating patients at a site serving a medically underserved population. The prescription form itself shall comply with applicable rules adopted by the Texas State Board of Pharmacy. Prescriptions issued pursuant to this section may only be written for dangerous drugs. No prescriptions for controlled substances may be authorized or issued. An appropriate signature on one of the two signature lines on the prescription shall convey instructions to a pharmacist regarding the pharmacist's authority to dispense a generically equivalent drug, if available. If the physician assistant or advanced practice nurse authorizes generic substitution, the protocol shall provide direction to the physician assistant or advanced practice nurse as to whether and under what circumstances product selection will be permitted by a pharmacist. A delegating physician is responsible for devising and enforcing a system to account for and monitor the issuance of prescriptions under his supervision. (h) Violations. Violation of this section by the supervising physician may result in a refusal to approve supervision or cancellation of the physician's authority to supervise a physician assistant or advanced practice nurse under this section. Violation of this section may also subject the physician to disciplinary action as provided by the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.4.12 for violation of that Act, sec.3. 08. If an advanced practice nurse violates this section or the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.3.06(d)(5) or (6), the board shall promptly notify the Texas Board of Nurse Examiners of the alleged violation. If a physician assistant violates this section or the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.3.06(d)(5) or (6), the board shall promptly notify the Texas State Board of Physician Assistant Examiners. (i) Delegation at Primary Practice Site. At a physician's primary practice site or a location as described by subsection (j) of this section, a physician licensed by the board may delegate to a physician assistant or an advanced practice nurse acting under adequate physician supervision the act or acts of administering, providing, carrying out or signing a prescription drug order as authorized through physician's orders, standing medical orders, standing delegation orders, or other orders or protocols as defined by the board. Providing and carrying out or signing a prescription drug order under this subdivision is limited to dangerous drugs and shall comply with other applicable laws. Physician supervision of the carrying out and signing of prescription drug orders shall conform to what a reasonable, prudent physician would find consistent with sound medical judgment but may vary with the education and experience of the advanced practice nurse or physician assistant. A physician shall provide continuous supervision, but the constant physical presence of the physician is not required. (1) A physician's authority to delegate the carrying out or signing of a prescription drug order at his primary practice site under this section is limited to: (A) three physician assistants or advanced practice nurses or their full-time equivalents practicing at the physician's primary practice site; and (B) the patients with whom the physician has established or will establish a physician-patient relationship, but this shall not be construed as requiring the physician to see the patient within a specific period of time. (2) "Primary practice site" means: (A) the practice location where the physician spends the majority of the physician's time; (B) a licensed hospital, a licensed long-term care facility, and a licensed adult care center where both the physician and the physician assistant or advanced practice nurse are authorized to practice, or an established patient's residence; or (C) where the physician is physically present with the physician assistant or advanced practice nurse. (j) Delegation at Facility-Based Practice. A physician licensed by the board shall be authorized to delegate, to one or more physician assistants or advanced practice nurses acting under adequate physician supervision whose practice is facility based at a licensed hospital or licensed long-term care facility, the carrying out or signing of prescription drug orders if the physician is the medical director or chief of medical staff of the facility in which the physician assistant or advanced practice nurse practices, the chair of the facility's credentialing committee, a department chair of a facility department in which the physician assistant or advanced practice nurse practices, or a physician who consents to the request of the medical director or chief of medical staff to delegate the carrying out or signing of prescription drug orders at the facility in which the physician assistant or advanced practice nurse practices. A physician's authority to delegate under this paragraph is limited as follows: (1) the delegation is pursuant to a physician's order, standing medical order, standing delegation order, or other order or protocol developed in accordance with policies approved by the facility's medical staff or a committee thereof as provided in facility bylaws; (2) the delegation occurs in the facility in which the physician is the medical director, the chief of medical staff, the chair of the credentialing committee, or a department chair; (3) the delegation does not permit the carrying out or signing of prescription drug orders for the care or treatment of the patients of any other physician without the prior consent of that physician; (4) delegation in a long-term care facility must be by the medical director and the medical director is limited to delegating the carrying out and signing of prescription drug orders to no more than three advanced practice nurses or physician assistants or their full-time equivalents; and (5) under this section, a physician may not delegate at more than one licensed hospital or more than two long-term care facilities unless approved by the board. (k) Delegation to Certified Registered Nurse Anesthetists. (1) In a licensed hospital or ambulatory surgical center a physician may delegate to a certified registered nurse anesthetist the ordering of drugs and devices necessary for a certified registered nurse anesthetist to administer an anesthetic or an anesthesia-related service ordered by the physician. The physician's order for anesthesia or anesthesia-related services does not have to be drug-specific, dose-specific, or administration-technique-specific. Pursuant to the order and in accordance with facility policies or medical staff bylaws, the nurse anesthetist may select, obtain, and administer those drugs and apply the appropriate medical devices necessary to accomplish the order and maintain the patient within a sound physiological status. (2) This paragraph shall be liberally construed to permit the full use of safe and effective medication orders to utilize the skills and services of certified registered nurse anesthetists. (l) Delegation Related to Obstetrical Services. (1) A physician may delegate to a physician assistant offering obstetrical services and certified by the board as specializing in obstetrics or an advanced practice nurse recognized by the Texas State Board of Nurse Examiners as a nurse midwife the act or acts of administering or providing controlled substances to the nurse midwife's or physician assistant's clients during intra-partum and immediate post-partum care. The physician shall not delegate the use or issuance of a triplicate prescription form under the triplicate prescription program, sec.481.075, Health and Safety Code. (2) The delegation of authority to administer or provide controlled substances under this paragraph must be under a physician's order, medical order, standing delegation order, or protocol which shall require adequate and documented availability for access to medical care. (3) The physician's orders, medical orders, standing delegation orders, or protocols shall provide for reporting or monitoring of client's progress including complications of pregnancy and delivery and the administration and provision of controlled substances by the nurse midwife or physician assistant to the clients of the nurse midwife or physician assistant. (4) The authority of a physician to delegate under this paragraph is limited to: (A) three nurse midwives or physician assistants or their full-time equivalents; and (B) the designated facility at which the nurse midwife or physician assistant provides care. (5) The administering or providing of controlled substances under this paragraph shall comply with other applicable laws. (6) In this paragraph, "provide" means to supply one or more unit doses of a controlled substance for the immediate needs of a patient not to exceed 48 hours. (7) The controlled substance shall be supplied in a suitable container that has been labeled in compliance with the applicable drug laws and shall include the patient's name and address; the drug to be provided; the name, address, and telephone number of the physician; the name, address, and telephone number of the nurse midwife or physician assistant; and the date. (8) This paragraph does not permit the physician or nurse midwife or physician assistant to operate a retail pharmacy as defined under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes). (9) This paragraph shall be construed to provide a physician the authority to delegate the act or acts of administering or providing controlled substances to a nurse midwife or physician assistant but not as requiring physician delegation of further acts to a nurse midwife or as requiring physician delegation of the administration of medications to registered nurses or physician assistants other than as provided in this paragraph. (m) Liability. A physician shall not be liable for the act or acts of a physician assistant or advanced practice nurse solely on the basis of having signed an order, a standing medical order, a standing delegation order, or other order or protocols authorizing a physician assistant or advanced practice nurse to perform the act or acts of administering, providing, carrying out, or signing a prescription drug order unless the physician has reason to believe the physician assistant or advanced practice nurse lacked the competency to perform the act or acts. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on May 24, 1996. TRD-9607336 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: June 14, 1996 Proposal publication date: April 2, 1996 For further information, please call: (512) 305-7016 Part XXII. Texas State Board of Public Accountancy Chapter 511. Certification as a CPA Experience Requirements 22 TAC sec.511.121 The Texas State Board of Public Accountancy adopts an amendment to sec.511. 121, without changes to the proposed text as published in the April 12, 1996, issue of the Texas Register (21 TexReg 3114). The amendment allows for a clear description of what type of work experience is required for an applicant to be eligible for certification by the board and specifies how that work experience will be reported. The amendment will function by having applicants complete work experience application forms. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.12 which requires the board to examine and approve an applicant's moral character and work experience. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 16, 1996. TRD-9607282 William Treacy Executive Director Texas State of Public Accountancy Effective date: June 14, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 505-5566 22 TAC sec.511.122 The Texas State Board of Public Accountancy adopts an amendment to sec.511. 122, without changes to the proposed text published in the April 12, 1996, issue of the Texas Register (21 TexReg 3115). The amendment allows a clearer understanding of what may constitute acceptable work experience and allows more applicants to qualify. The amendment will function by increasing the employment environment wherein acceptable work experience may be approved. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.12 which requires the board to approve an applicant's work experience. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 16, 1996. TRD-9607283 William Treacy Executive Director Texas State of Public Accountancy Effective date: June 14, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 505-5566 22 TAC sec.511.123 The Texas State Board of Public Accountancy adopts an amendment to sec.511. 123, without changes to the proposed text published in the April 12, 1996, issue of the Texas Register (21 TexReg 3116). The amendment allows work experience to be reported in years and months and allows part-time experience to be considered if it is at least 20 hours a week. The amendment will function by having applicants complete applications for work experience forms listing their work experience and the time periods covered by the work experience. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.12 which requires the board to approve an applicant's work experience. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 16, 1996. TRD-9607284 William Treacy Executive Director Texas State of Public Accountancy Effective date: June 14, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 505-5566 Chapter 521. Fee Schedule 22 TAC sec.521.2 The Texas State Board of Public Accountancy adopts an amendment to sec.521. 2, without changes to the proposed text published in the April 12, 1996, issue of the Texas Register (21 TexReg 3116). The amendment allows the board to collect the correct fee for the Uniform Certified Public Accountant Examination. The amendment will function by collecting the correct examination fee from examination applicants. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.15 which authorizes the board to collect a fee for the examination. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 16, 1996. TRD-9607285 William Treacy Executive Director Texas State of Public Accountancy Effective date: June 14, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 505-5566 22 TAC sec.521.10 The Texas State Board of Public Accountancy adopts an amendment to sec.521. 10, without changes to the proposed text published in the April 12, 1996, issue of the Texas Register (21 TexReg 3117). The amendment allows the out-of-state proctoring fee collected by the board to be the correct fee. The amendment will function by charging out-of-state examination applicants the correct fee for proctoring their examination. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 16, 1996. TRD-9607286 William Treacy Executive Director Texas State of Public Accountancy Effective date: June 14, 1996 Proposal publication date: April 12, 1996 For further information, please call: (512) 505-5566 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 305. Consolidated Permits The Texas Natural Resource Conservation Commission (commission) adopts amendments to sec.sec.305.45, 305.62, 305.127 and 305.141, concerning consolidated permits. Sections 305.45, 305.62, 305.127 and 305.141 are adopted without changes to the proposed text as published in the March 5, 1996, issue of the Texas Register (21 TexReg 1735) and will not be republished. The amendments cover contents of applications for a permit, amendments of permits, conditions to be determined for individual permits, and applicability of conditions. The amendments clarify four existing sections as to their applicability or nonapplicability to municipal solid waste by adding a reference to municipal solid waste where appropriate. The comment period closed on April 5, 1996. The commission did not receive any comments concerning the rule amendments. The commission has prepared a Takings Impact Assessment for these rules pursuant to Texas Government Code Annnotated sec.2007.043. The following is a summary of that Assessment. The specific purpose of the rule is to clarify four existing sections in the agency's permitting procedural rules as to their applicability or nonapplicability to municipal solid waste. The rules will substantially advance this specific purpose by adding specific language at appropriate places to remove any doubt as to applicability. Promulgation and enforcement of these rules will not affect private real property because the rules apply only to the procedures involved in the administration of the permitting program, including amendments, modifications, transfers, and revocations. Subchapter C. Application for Permit 30 TAC sec.305.45 The amendments are adopted under Texas Water Code sec.5.103, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to adopt any rules necessary to carry out its powers and duties under the code and other laws of the State of Texas, and to establish and approve all general policy of the commission; and under the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, sec.361.024, which gives the TNRCC the authority to regulate solid and hazardous wastes and to adopt and promulgate rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607253 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: June 13, 1996 Proposal publication date: March 5, 1996 For further information, please call: (512) 239-6087 Subchapter D. Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits 30 TAC sec.305.62 The amendment is adopted under Texas Water Code sec.5.103, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to adopt any rules necessary to carry out its powers and duties under the code and other laws of the State of Texas, and to establish and approve all general policy of the commission; and under the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, sec.361.024, which gives the TNRCC the authority to regulate solid and hazardous wastes and to adopt and promulgate rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607254 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: June 13, 1996 Proposal publication date: March 5, 1996 For further information, please call: (512) 239-6087 Subchapter F. Permit Characteristics and Conditions 30 TAC sec.305.127 The amendment is adopted under Texas Water Code sec.5.103, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to adopt any rules necessary to carry out its powers and duties under the code and other laws of the State of Texas, and to establish and approve all general policy of the commission; and under the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, sec.361.024, which gives the TNRCC the authority to regulate solid and hazardous wastes and to adopt and promulgate rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607255 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: June 13, 1996 Proposal publication date: March 5, 1996 For further information, please call: (512) 239-6087 Subchapter G. Additional Conditions for Hazardous and Industrialized Solid Waste Storage, Processing, or Disposal Permits 30 TAC sec.305.141 The amendment is adopted under Texas Water Code sec.5.103, which provides the Texas Natural Resource Conservation Commission (TNRCC) with the authority to adopt any rules necessary to carry out its powers and duties under the code and other laws of the State of Texas, and to establish and approve all general policy of the commission; and under the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, sec.361.024, which gives the TNRCC the authority to regulate solid and hazardous wastes and to adopt and promulgate rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607256 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: June 13, 1996 Proposal publication date: (512) 239-6087 For further information, please call: (512) 239-6087 Chapter 331. Underground Injection Control Subchapter A. General Provisions. 30 TAC sec.331.6, sec.331.9 The Texas Natural Resource Conservation Commission (commission) adopts amendments to sec.331.6 and sec.331.9, concerning underground injection. Section 331.6 is adopted with changes and sec.331.9 is adopted without changes to the proposed text as published in the February 20, 1996, issue of the Texas Register (21 TexReg 1368) and will not be republished. Currently, commission rules prohibit all Class IV well injection, while federal regulations prohibit all such injection except when part of an authorized Resource Conservation and Recovery Act (RCRA) or Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cleanup. The rule amendments, as adopted, allow hazardous waste-contaminated fluids that have been treated to be reinjected into the same formation if the remediation is approved by the commission under state law requirements that correspond to either RCRA or CERCLA. These amendments will not allow reinjection of radioactive waste- contaminated fluids. The rule amendments, as adopted, will allow facilities that are undergoing RCRA or CERCLA cleanups to reuse treated groundwater as part of remediation, rather than disposing of all groundwater produced during remediation and using clean water from other sources to complete remediation. The amendments will conserve groundwater and drinking water resources and provide operators more flexibility and increased cost savings in RCRA/CERCLA cleanups. Section 331.6 is changed to clarify the intent of the rule. The proposal referred to federal RCRA and CERCLA requirements as governing provisions for cleanups. In actuality, the state has adopted its own rules and operates these programs under its own statutory authority. The language is changed to reflect this fact. There were no comments received regarding the proposed amendments. The commission has prepared a Takings Impact Assessment for these rules pursuant to Texas Government Code Annotated, sec.2007.043. The following is a summary of that assessment. The specific purpose of the rule is to provide consistency with the Environmental Protection Agency regulations regarding Class IV wells used in Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act cleanups. The rules will substantially advance this specific purpose by allowing hazardous waste- contaminated fluids that have been treated to be reinjected into the same formation if the remediation plan is approved by the TNRCC under either RCRA or CERCLA. The adopted amendments will conserve groundwater resources and allow Texas facilities the same flexibility that is allowed under federal law. Promulgation and enforcement of these rules could affect private real property which is the subject of the rules. However, the following exceptions to the application of the Texas Government Code, Chapter 2007 listed in Texas Government Code, sec.2007.003(b) apply to these rules: it is an action reasonably taken to fulfill an obligation mandated by federal law; and it is an action that is taken in response to a real and substantial threat to public health and safety, is designed to significantly advance the health and safety purpose, and does not impose a greater burden than is necessary to achieve the health and safety purpose. The amendments are adopted under Texas Water Code sec.5.103 and sec.5.105 (Vernon 1988), which authorizes the commission to promulgate rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of the state, and under Texas Health and Safety Code sec.361.017 and sec.361.024 (Vernon 1992), which further authorizes the commission to promulgate rules necessary to manage industrial solid and municipal hazardous wastes. The amendments are adopted under Texas Water Code sec.5.103 and sec.5.105 (Vernon 1988), which authorizes the commission to promulgate rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of the state, and under Texas Health and Safety Code sec.361.017 and sec.361.024 (Vernon 1992), which further authorizes the commission to promulgate rules necessary to manage industrial solid and municipal hazardous wastes. sec.331.6. Prohibition of Class IV Well Injection. The injection of hazardous fluids or radioactive wastes into or above a formation which within one quarter mile of the well contains an underground source of drinking water is prohibited. Wells used to inject hazardous waste-contaminated ground water that is of acceptable quality to aid remediation and is being reinjected into the same formation from which it was drawn are not prohibited by this section if such injection is approved by the commission pursuant to provisions for cleanup of releases consistent with federal regulations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 United States Code (U.S.C) 9601-9657, or pursuant to provisions for cleanup of releases consistent with federal regulations under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 through 6987. sec.331.9. Injection Authorized by Rule. (a)-(i) (No change.) (j) Class IV wells injecting hazardous waste-contaminated ground water that is of acceptable quality to aid remediation and is being reinjected into the same formation from which it was drawn, as authorized by sec.331.6 of this title (relating to Prohibition of Class IV Well Injection), shall be authorized by rule. This agency hereby certifies that the adoptions have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas on May 23, 1996. TRD-9607156 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: June 13, 1996 Proposal publication date: February 20, 1996 For further information, please call: (512) 239-6087 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Commission on Jail Standards Chapter 253. Definitions 37 TAC sec.253.1 The Commission on Jail Standards adopts an amendment to sec.253.1, concerning Definitions, without changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3507). Adoption of this amendment will make the standards consistent. The rule functions to provide facility construction definitions which are consistent with housing assignment classifications. No comments were received regarding adoption of this amendment. The amendment is adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to revise, amend, or change rules and procedures if necessary. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607218 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Chapter 259. New Construction Rules The Commission on Jail Standards adopts amendments to sec. sec.259.1, 259.603, 259.606, 259.612, 259.616, and 259.619, concerning New Construction Rules, without changes and amendments to sec.sec.259.121, 259.301, 259.401, 259.502, and 259.602, concerning New Construction Rules, with changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3507). Adoption of these amendments will make the standards consistent. The rules function to make construction classification types consistent with housing assignment classifications. No comments were received regarding adoption of the amendments. General 37 TAC sec.259.1 The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607219 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 New Maximum Security Design, Construction and Furnishing Requirements 37 TAC sec.259.121 The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.121. Visiting Areas. Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the inmate and visitor. Visiting areas for maximum custody and medium custody inmates shall be designed to prevent passage of contraband. Provisions shall be made for disabled visitors and inmates. Seating shall be provided for both inmates and visitors. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for passage of legal paper between inmates and attorneys. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607220 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 New Medium Security Design, Construction and Furnishing Requirements 37 TAC sec.259.301 The amendment is adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.301. Facility Concept. Medium security facilities shall be designed only in conjunction with facilities which meet the requirements of Chapter 259, sec.sec.259.100-259.169 of this title (relating to Maximum Security Design) or Chapter 261, sec.sec.261.100-261.171 of this title (relating to Existing Maximum Security Design). Inmates housed in medium security facilities shall be assessed according to the provisions of Chapter 271 of this title (relating to Classification and Separation). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607221 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 New Minimum Security Design, Construction and Furnishing Requirements 37 TAC sec.259.401 The amendment is adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.401. Facility Concept. Minimum security facilities shall be designed only in conjunction with facilities which meet the requirements of Chapter 259, sec.sec.259.100-259.169 of this title (relating to Maximum Security Design) or sec.sec.261.100-261.171 of this title (relating to Existing Maximum Security Design). Inmates housed in minimum security facilities shall be assessed according to the provisions of Chapter 271 of this title (relating to Classification and Separation). Unlike facilities or lockups for maximum security and medium custody inmates, these facilities do not require stringent security measures. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607222 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Temporary Housing-Tents 37 TAC sec.259.502 The amendment is adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.502. Classification. Inmates housed in tents shall be classified as minimum custody as required by Chapter 271 of this title (relating to Classification and Separation of Inmates) or assigned to the specific correctional programs. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607223 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Temporary Housing-Buildings 37 TAC sec.sec.259.602, 259.603, 259.606, 259.612, 259.616, 259. 619 The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.602. Classification and Segregation. Facilities shall provide separate cells and day rooms of capacities for inmates to provide adequate segregation of different classifications of male and female inmates as required by Chapter 271 of this title (relating to Classification and Separation of Inmates). Temporary buildings may house maximum, medium and minimum custody inmates. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607224 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 The Commission on Jail Standards adopts amendments of sec.261.121 and sec.261.301, concerning Existing Construction Rules, with changes to the proposed text published in the April 23, 1995 issue of the Texas Register (21 TexReg 3509). Adoption of these amendments will make the standards consistent. The rules function to make construction classification types consistent with housing assignment classifications. 37 TAC sec.261.121 Existing Maximum Security Design, Construction and Furnishing Requirements The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules, and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.261.121. Visiting Areas. Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the inmate and visitor. Visiting areas for maximum and medium custody inmates shall be designed to prevent passage of contraband. Provisions shall be made for disabled visitors and inmates. Seating should be provided for both inmates and visitors. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for passage of legal paper between inmates and attorneys. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607225 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Existing Minimum Security Design, Construction and Furnishing Requirements 37 TAC sec.261.301 The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules, and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.261.301 Facility Concept. Inmates housed in minimum security facilities shall be assessed according to the provisions of Chapter 271 of this title (relating to Classification and Separation). Unlike facilities or lockups for maximum custody and medium custody inmates, these facilities do not require stringent security measures. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607226 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Design and Materials The Commission on Jail Standards adopts amendments of sec. sec.263.11, 263. 12 and 263.51, concerning Life Safety Rules, without changes to the proposed text as published in the April 23, 1995 issue of the Texas Register (21 TexReg 3510). Adoption of these amendments will make the standards consistent. The rules function to make construction classification types consistent with housing assignment classifications. 37 TAC sec.263.11, sec.263.12 The amendments are adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules, and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607227 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Life Safety and Emergency Equipment 37 TAC sec.263.51 The amendment is adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules, and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607228 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Chapter 271. Classification and Separation of Inmates 37 TAC sec.sec.271.1-271.4 The Commission on Jail Standards adopts amendments to sec. sec.271.1-271.4, concerning Classification and Separation of Inmates, without changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3511). Change in chapter language necessitates changing the name of the chapter. Adoption of these amendments will clarify the classification rules. The rules function to provide an efficient classification scheme for determining inmates' risk levels. No comments were received regarding adoption of these amendments. The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607229 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 37 TAC sec.271.5, sec.271.6 The Commission on Jail Standards adopts repeal of sec.271.5 and sec.271.6, concerning Classification and Separation of Inmates, without changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3512). Adoption of these repeals will allow adoption of revised classification rules for validating and auditing instruments. The rules function to provide an efficient classification scheme for determining inmates' risk levels. No comments were received regarding adoption of these repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607230 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 37 TAC sec.sec.271.5-271.7 The Commission on Jail Standards adopts new sec.sec.271.5-271.7, concerning Classification and Separation of Inmates, without changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3512). Adoption of these new rules will clarify classification standards. The rules function to provide an efficient classification scheme for determining inmates' risk levels. No comments were received regarding adoption of these sections. The new sections are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607231 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Chapter 283. Discipline and Grievance 37 TAC sec.283.1, sec.283.2 The Commission on Jail Standards adopts repeal of sec.283.1 and sec.283.2, concerning Discipline and Grievances, without changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3513). Adoption of the repeals will allow adoption of new discipline rules consistent with new classification rules. The repeals function to allow for new discipline standards. No comments were received regarding adoption of these repeals. The repeals are adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607232 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 The Commission on Jail Standards adopts new sec.283.1 and sec.283.2, concerning Discipline and Grievances, without changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3513). Adoption of the new sections established rules consistent with new classification rules. The sections function to provide fair inmate discipline standards. No comments were received regarding adoption of these rules. The new rules are adopted under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607233 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Chapter 289. Work Assignments 37 TAC sec.289.4 The Commission on Jail Standards adopts an amendment of sec.289.4, concerning Work Assignments, with changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3514). Adoption of this amendment will make the standards consistent. The rule functions to describe which custody level inmates may work outside the security perimeter. No comments were received regarding adoption of this amendment. The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners. sec.289.4. Outside Security Perimeter. Only inmates classified as minimum custody should be assigned to work outside the security perimeter and should be supervised by corrections officers. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607234 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 Chapter 297. Compliance and Enforcement 37 TAC sec.297.14 The Commission on Jail Standards adopts new sec.297.14, concerning Compliance and Enforcement with changes to the proposed text as published in the April 23, 1996 issue of the Texas Register (21 TexReg 3515). Adoption of this rule establishes requirements for facilities housing non- Texas inmates. The rule functions to provide rules effecting the safe and suitable housing of non-Texas inmates. No comments were received regarding adoption of the new rule. The new rule is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners. sec.297.14. Contract With Other States For Housing Non-Texas Inmates. (a) At a minimum all contracts shall: (1) require facility compliance with minimum jail standards; (2) require that all inmates confined pursuant to the contract be released within the jurisdiction of the sending entity; (3) require that all inmates records concerning classification, to include conduct records, be reviewed by the receiving entity prior to transfer of the inmate; (4) require that the receiving entity determine inmate custody level in accordance with Chapter 271 of this title (relating to Classification and Separation of Inmates) to ensure that custody level assignments do not exceed the construction security level availability; (5) require that all appropriate medical information be provided prior to transfer, to include certification of tuberculosis screening or treatment; (6) require provisions for termination of contract within 90 days by receiving entity. (b) The receiving entity shall provide the Commission with a statement of custody level capacity and availability. (c) All operational requirements shall meet or exceed Texas Minimum Jail Standards and require Commission approval prior to implementation. (d) All receiving entities shall maintain a certificate of compliance from the Commission. (e) Copies of signed contracts, along with addenda, shall be submitted to the Commission. (f) The receiving entity shall promptly notify the Commission of any major incidents, including escapes. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 24, 1996. TRD-9607235 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 14, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part III. Texas Commission on Alcohol and Drug Abuse Chapter 144. Funding Requirements Subchapter A. Definitions 40 TAC sec.144.1, sec.144.11 The Texas Commission on Alcohol and Drug Abuse adopts new sec.144.1 and sec.144.11, concerning applicability and definitions. Section 144.11 is adopted with changes to the proposed text as published in the March 12, 1996 issue of the Texas Register (21 TexReg 2005). Section 144.1 is adopted without changes and will not be republished. The new sections are being adopted to establish rules for service providers funded by the commission. These sections describe applicability of the rules and define terms used in this chapter. The commission received comments from the Texas Osteopathic Medical Association and the Association of Substance Abuse Service Providers of Texas, which are summarized below. The first two comments apply to all of Chapter 144. Comment: At this time, the fiscal implications associated with implementation and compliance are not clearly understood. However, the majority of providers note that increased cost is involved. This needs to be considered in future rate-setting and funding processes. Response: The commission accepts this comment and will review any data submitted which documents the actual increase in costs. Comment: There remain many questions about compliance and interpretation. Although rules must be flexible, providers are feeling a great need to know exactly what will be considered acceptable. A publication which provides responses to commonly asked compliance questions, or access to the monitors' guidelines was suggested. Response: The commission is developing a procedure to keep providers informed of interpretations and revisions made to the rules and the Compliance Guide. Comment: In sec.144.11 (relating to Definitions) it was suggested a definition of "waiver" be included. Response: The commission has defined "waiver". Comment: The Texas State Board of Medical Examiners licenses both allopathic (MD) and osteopathic (DO) physicians as fully-licensed physicians based on their equivalent training. In sec.144.11 (relating to Definitions) it was suggested that the definition of qualified credentialed counselor be amended by deleting the (MD) after licensed physician. Response: The definition has been amended as suggested. The definition of HIV Early Intervention Services has been revised to include services provided to individuals who are not enrolled in a substance abuse treatment program. The definition of inform now includes electronic communication. The obsolete reference to counselor intern has been removed from the definition of suspension. Additional revisions have been made to improve the clarity of some definitions. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the new sections is the Texas Health and Safety Code, Chapter 461. sec.144.11. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Abuse-Any act or failure to act which is done knowingly, recklessly or intentionally, including incitement to act, which caused or may have caused injury to a client. Injury may include, but is not limited to: physical injury, mental disorientation, or emotional harm, whether it is caused by physical action or verbal statement. Client abuse includes: any sexual activity between facility personnel and a client; corporal punishment; nutritional or sleep deprivation; efforts to cause fear; the use of any form of communication to threaten, curse, shame, or degrade a client; restraint that does not conform with these standards; coercive or restrictive actions taken in response to the client's request for discharge or refusal of medication or treatment that are illegal or not justified by the client's condition; and any other act or omission classified as abuse by the Texas Family Code, sec.34.012. Access (providing) -Making services available directly or indirectly through linkages with other organizations. Admission-Formal acceptance of a prospective client to a treatment facility, requiring initiation of treatment protocol and documentation. Admission screening -An evaluation and needs assessment, necessary for the purpose of determining service needs and appropriateness of admission to a treatment facility. Adolescent-An individual 13 through 17 years of age whose disabilities of minority have not been removed by marriage or judicial decree. Adult-An individual 18 years of age or older, or an individual under the age of 17 whose disabilities of minority have been removed by marriage or judicial decree. Advocacy-Assisting participants in developing those skills necessary to access services and exercise their rights. These services require intense coordination and networking with existing community service organizations such as local schools, juvenile probation departments, employment agencies, and mental health service agencies. Alternative activities -A prevention strategy which aims to offset the attraction to or otherwise meet the needs usually filled by Alcohol, Tobacco and Other Drugs (ATOD). Alternative activities assist participants to master new skills and develop relationships. This strategy is aimed at providing participants with opportunities and experiences that show them constructive and healthy ways to socialize, communicate, have fun, and function without the use of ATOD. Activities conducted to meet the intent of this strategy include but are not limited to the following: tutoring, mentoring, recreation, cultural events, field trips and social outings, social bonding activities, drug-free dances and parties, retreats, and community drop-in centers. Approval-Written authorization. Approved-Having met certain prescribed standards and been notified of such in writing by the commission. Approved providers -Those individuals, partnerships, corporations, associations, organizations, organized health care systems, educational institutions, governmental agencies, or private practitioners who have been approved for funding by the commission. Assessment-The process used to gain sufficient information to identify, among other things, the participant's strengths, problems, and needs as they relate to the use/abuse of alcohol and/or other drugs and the risk of contracting or transmitting infectious diseases/sexually transmitted diseases. ATOD-Alcohol, tobacco, and other drugs. Audit-Systematic examination of statements, records, and operations for the purpose of determining adherence to generally accepted principles, policies, or other established federal, state, or commission rules. Award-An executed grant agreement with the commission. Awareness-Direct or non direct contact with target audiences, based on affecting knowledge and attitudes which includes, but is not limited to, public presentations; special events such as proclamations, poster contests, rallies, and youth events; media efforts such as public service announcements; and distribution of written and promotional materials. Bylaws-The written rules, regulations, policies, and/or procedures through which the operations of the organization are legally conducted. Case management -Services provided by a single accountable staff person to assist and support clients in developing skills to gain access to needed medical, social, educational, and other services essential to meeting basic human needs; linkage and training for the client served in the use of basic community resources; and monitoring of overall service delivery. CFR-Code of Federal Regulations. Chart of accounts -An organized listing of the various fund accounts, income, and expense classifications and their respective numerical designations which an organization utilizes to track its financial transactions. Chemical dependency -The abuse of, psychological or physical dependence on, or addiction to alcohol, a toxic inhalant, or any substance designated as a controlled substance in the Texas Controlled Substances Act. Chemical dependency counseling-Assisting an individual or group to develop an understanding of chemical dependency problems, define goals, and plan action reflecting the individual's or group's interest, abilities, and needs as affected by chemical dependency problems. Chemical dependency treatment-A planned, structured, and organized program designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs. It includes, but is not limited to, the application of planned procedures to identify and change patterns of behavior related to or resulting from chemical dependency that are maladaptive, destructive, or injurious to health, or to restore appropriate levels of physical, psychological, or social functioning lost due to chemical dependency. Client-An individual who has been admitted to a substance abuse treatment facility licensed or funded by the commission and is currently receiving services. Client/participant rights -The list of civil rights guaranteed to clients and/or participants in substance abuse programs. Client/participant record -A collection of written information which includes the intake data, evaluation, treatment/service plan, description of treatment/services provided, continuing care plan, and discharge information on an individual client. CODAP-Client-Oriented Data Acquisition Process. Collusion-A secret agreement between an applicant organization and another party to secure an award by unfair, illegal, or deceptive means. Commission-The Texas Commission on Alcohol and Drug Abuse (TCADA). Commissioners-Members of the commission's governing body. Community-The people, groups, agencies, or other entities within a specified locality. Community-based process -A strategy which aims to enhance the ability of the community to more effectively provide prevention and treatment services. Activities for this strategy include establishing formalized written agreements with other community agencies, community mobilization, community and volunteer training, neighborhood action training, staff/official training, systematic planning, multi-agency coordination and collaboration, community team-building, and accessing services and funding. Compensation-Something, such as money or other value, given or received as payment for a service, benefit, or consideration. Conflict of interest-The actions of an individual or individuals who receive or appear to receive private gain or favor for themselves or others while acting in the capacity of owner, board member, volunteer, or employee of a provider organization. Consenter-The individual legally responsible for giving informed consent for a client. This may be the client, parent, guardian, or conservator. Unless otherwise provided by law, a legally competent adult is his or her own consenter. Consenters include adult clients, clients 16 or 17 years of age, and clients 13-16 years of age admitting themselves for substance abuse treatment under the provisions of the Family Code, sec.35.03. Consideration-An act or forbearance (or the promise thereof) done or given by one party in return for the act or promise of another. Continuum of care-The array of services (including prevention, intervention, and treatment services) designed to meet a variety of needs resulting from potential or actual substance abuse. Corrective action plan-A written response by a provider agency to findings of non-compliance identified by the commission. A corrective action plan may serve as a means for a funded program to demonstrate to the commission the specific steps it will take to address areas of non-compliance which jeopardize its future receipt of state or federal funds. A corrective action plan must both correct a problem, and prevent that problem from occurring in the future. It is a resolution that can be measured, has a high probability of success, and will be the basis for ongoing behavior by the provider. Cost analysis-Review and evaluation of each element of a cost to determine reasonableness, allocablity, and allowability. Cost objective or cost center-A pool, center, or area established for the accumulation of costs related to a specific grant, project, program, or contract. Counseling session -A scheduled meeting of 30 minutes or longer duration where group, individual, or family counseling is provided. Counselor-A qualified credentialed counselor or counselor intern. Counselor intern (CI)-A person pursuing a course of training in chemical dependency counseling at a regionally accredited institution of higher education or an approved clinical training institution who has been designated as a counselor intern by the institution. A counselor intern shall only perform functions that are part of the supervised course of training. The supervised course of training includes educational hours, practicum hours, and supervised work experience hours that are described in writing, performed under the auspices of the institution, and performed under the direct supervision of a qualified credentialed counselor (QCC). Counselor trainee -A person working to accumulate the 4, 000 hours of supervised work experience required for licensure as a chemical dependency counselor. A trainee receiving compensation for performing assessments, counseling, or crisis intervention shall be designated as a counselor intern by a regionally accredited institution of higher education or an approved clinical training institution by September 1, 1996. Crisis intervention -Services designed to intervene in situations which may or may not involve alcohol and drug abuse, and which may result in a crisis if immediate attention is not provided. Providers shall provide face-to-face individual, family, or group interviews and/or telephone contacts to identify the participant's family's needs. Cultural competency -Academic and interpersonal skills to understand and appreciate cultural differences and similarities with, among, and between ethnic/racial groups. Day treatment (type of service)-Treatment and education services designed for nonresidential clients who spend at least four hours of a 24-hour period in the program component. Debar-To exclude a provider from future consideration for funding by means of an established procedure which includes a fair hearings process and allows for tracking the provider organization and its principals. Detoxification services -Substance abuse treatment designed to systematically reduce the amount of alcohol and other toxic chemicals in a client's body, manage withdrawal symptoms, and encourage the client to seek on- going treatment for substance abuse. Direct care staff-Staff responsible for providing substance abuse care, supervision, or other client services that involve a significant amount of face- to-face contact. Direct costs-The costs directly associated with the provision of services, such as costs of client care (which includes treatment services for actual substance abuse such as counseling sessions), costs of services directly associated with bringing substance abuse prevention and intervention programs to the public, and direct costs for preparation of materials, advertising, and public forums. Direct services -Those activities that are client-oriented and provided by qualified, trained staff. when a client's involvement with an alcohol and other drug program is terminated and the alcohol and other drug program no longer bears responsibility for the individual's care. Discharge summary -The documentation in the clinical record summarizing the client's progress during treatment and stating goals reached, continuing needs, and referrals made. Documentation-A written record that includes a date and signature and provides written, dated, and authenticated evidence to substantiate compliance with standards such as minutes of meetings, memoranda, schedules, notices, logs, records, policies, procedures, and announcements. Double billing -The act of billing and receiving payment in excess of actual costs from more than one entity for the same service, at the same time, for the same client. Double billing will be considered illegal if the provider cannot document that payment received was not greater than the actual cost of delivering the service. DSM IV-The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition Revised, published by the American Psychiatric Association. Dual diagnosis -An individual who has been determined to suffer from both a major mental illness and substance abuse. Dually diagnosed clients shall have a presenting problem which meets the criteria of DSM-IV for psychoactive substance induced organic disorders or psychoactive substance use disorders, or substance abuse related problems and emotional maladjustment/disturbance problems, thought disorders, behavioral disturbance problems, or suicidal/self abuse problems. Education-The delivery of services with target audiences, based on affecting knowledge and attitude and/or behavior. This includes, but is not limited to, teaching of course instruction; group facilitation; and educational resources and programs. Education (community) -The dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of the community concerning mental health, substance abuse, or domestic violence related problems and services. A systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, and to examine attitude and/or behaviors. May stimulate social action and/or community support of the program and its consumers. Eligible clients -Those adult persons who are unable to pay for treatment services provided by an entity funded by the commission as defined under medically indigent. All youth are eligible clients. Employee-An individual hired directly by an organization to provide services in exchange for money or other compensation, as determined under the usual common law rules. An employee is subject to the will and control of the employer not only as to what shall be done but as to how it shall be done. Ensure-To take all reasonable and necessary steps to achieve results. Environmental and social policy-A strategy aimed at influencing the incidence and prevalence of alcohol, tobacco, and other drugs (ATOD) used in the general population. This strategy establishes or changes written and unwritten community standards, codes, and attitudes regarding legal and regulatory issues and social policy issues. Activities which meet the intent of this strategy include but are not limited to, assisting in the change in taxation policies, promoting the establishment of ATOD policies in schools, awareness of enforcement procedures governing availability and distribution of drugs, and modifying alcohol advertising practices. Evaluation-(See Program Evaluation.) Executive director -The person hired by the governing authority to direct all of the day-to-day administrative activities of the organization. Exploitation-An act or process to use, either directly or indirectly, the labor or resources of a client for monetary or personal benefit, profit, or gain of another individual or organization. FACTS-Facility Capacity System. Family-The natural parents, brothers, sisters, other relatives, foster parents, guardians, or significant others who perform the roles and functions of natural family members in the lives of clients/participants. Financial assistance -A payment mechanism where payment is made based on an approved line item budget. Follow-up-The process of contacting a participant who has received services from a program to ascertain if the participant has been adequately served and has benefited from the services provided by the program. Franchise tax-A tax applied to corporations that have commercial activity in the State of Texas. The franchise tax applies to organizations incorporated in jurisdictions other than Texas, as well as Texas corporations, if the corporation does business in Texas. Fraud-An intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself/herself or to some other person. It includes an act that constitutes fraud under applicable federal or state law. Goals-Broad general statements of purpose or intent. Goals should indicate the general effect the service is intended to have on the client/participant and the specific quantity of services or activities to be delivered in a specified period of time. Governing board -The individual or group legally established to operate an organization. The governing authority has ultimate authority and responsibility for the organization's services and operations. Grant-A funding mechanism used as an agreement between two or more entities or individuals and which specifies services or activities to be provided and funds to be provided in exchange. HIV-Human Immunodeficiency Virus. HIV early intervention services-Services provided to HIV positive clients who are chemically dependent. Indemnification-The act of protecting the commission against damage, loss, or injury resulting from the provider's actions. An assurance that the provider organization assumes full legal responsibility for its actions, and that the provider and others cannot hold the commission responsible for the actions of the provider organization or its employees. Indirect Costs -Those costs that have been incurred for common or joint objectives and cannot be readily identified with a particular cost objective. Inform-To communicate through mail, by telephone or telecopier, by courier, electronically, or in person. Information dissemination -A strategy that provides awareness and knowledge of the nature and extent of ATOD use, abuse, and addiction, HIV infection, and the effects of these conditions on individuals, families, and communities. It also provides knowledge and awareness of protective factors and available programs and services. Efforts under this strategy are geared to the general population in any given community. A broad range of activities/services fall under this strategy, including but not limited to the following: clearinghouse/information resource centers, resource directories, media campaigns, brochures, newsletters, radio/television public service announcements (PSAs), speaking engagements, health fairs/promotions, and information telephone lines. Intervention counseling -The process of assisting individuals, families, and groups to identify, understand, and resolve issues and problems related to substance abuse in order to intervene in problem situations and high risk behaviors associated with substance abuse which, if not addressed, may escalate to substance abuse or severe impairment. Intervention service -Those activities that seek to detect alcohol and/or other drug problems and addiction in their early stages and to intervene in such a way as to arrest the progression of such problems. Letters of agreement -Agreements which increase cooperation, formalize linkages, establish community team building, and form partnerships in communities to eliminate barriers to service, promote delivery of needed services in the most cost effective manner, and encourage sharing and management of resources. A letter of agreement is a document from other agencies, groups, or organizations that describe their specific involvement with the proposed program, activities, and target population. Letters of support -Letters which increase cooperation, create linkages, establish community team building, and form partnerships in communities to eliminate barriers to service, promote delivery of needed services in the most cost effective manner, and encourage sharing and management of resources. Letters of support are considered as such when the other party supports the work/services offered by a program/organization but has no direct involvement with the program and does not assist in the delivery of ancillary services for the target population. Level/phase system -A systematic approach to the course of treatment where client privileges and responsibilities are tied to the level/phase to which the client is assigned. Liability-Something for which the provider is legally obligated, such as an obligation, a debt, or a responsibility. License-A grant of authority to a facility or individual which is issued by the commission to provide chemical dependency treatment services in the State of Texas. Licensed chemical dependency counselor (LCDC)-A counselor licensed by the commission to provide chemical dependency counseling services. Medically indigent -Chemically dependent adults who lack adequate financial and/or medical resources to achieve physical and mental health, affecting their ability to interact as a positive, functioning member of society. Determination of medical indigency is made by the provider based upon a financial assessment and does not include youth age 0-17. Medical indigency is established if the client is eligible for state or federal assistance or the client lacks insurance and has a household income at or below one and one-half times the federal poverty guidelines. Mental health services-A wide range of diagnostic, therapeutic, and rehabilitative services used in the treatment of mental illness or emotional disorders, including substance abuse. Minutes-A record of business introduced, transactions and reports made, conclusions reached, and recommendations made during a meeting. Reports of officers and committees may be summarized briefly or mentioned as having been presented. Neglect-Actions resulting from inattention, disregard, carelessness, ignoring, or omission of reasonable consideration that caused, or might have caused, physical or emotional injury to a client. Examples of neglect include, but are not limited to, failure to provide adequate nutrition, clothing, or health care; failure to provide a safe environment free from abuse; failure to maintain adequate numbers of appropriately trained staff; failure to establish or carry out an appropriate individualized treatment plan; and any other act or omission classified as neglect by the Texas Family Code, sec.34.012. Notify -Inform in writing. Objectives-A specific statement of planned accomplishments or results that are quantitative, qualitative, time-limited, and realistic. Offer-To make available. OMB-Office of Management and Budget. Outcome-The impact on the system or client/participant served. Outreach-The process of reaching into a community systematically for the purposes of identifying persons in need of services, alerting persons and their families to the availability of services, locating needed services, and enabling persons to enter and accept the service delivery system. Parenting skills training-Training focused on teaching parents to monitor their children's behavior, to set clear expectations for behavior, to use moderate contingent discipline for undesired behavior, to consistently reward pro-social behavior, to create opportunities for family involvement, and to promote the development of their children's academic, social and refusal skills. Parents may be defined according to heritage, culture, and ethnicity, such as grandmother, tribal elders, and foster parents. Participant-An individual involved in prevention or intervention substance abuse programs. Person-An individual, firm, partnership, corporation, association, or other business or professional entity. Personnel-Members of the governing body, employees, contract providers, consultants, agents, representatives, volunteers, and other individuals working on behalf of the organization through a formal or informal agreement. Personnel record -A chart or file containing the employment history and actions relevant to individual employee activities within an organization, which may include application, evaluation, salary data, job description, citations, credentials, and other items. Plan-An appropriately approved, written document related to a service or activity that describes goals and objectives, identifies timelines, assigns responsibility for implementation, establishes outcome measures, and assigns responsibility for monitoring and reporting results. Policies-Statements of organizational intent, strategy, principle, or rules in the provision of services; a course of action leading to the effective and ethical provision of services. Prevention-A proactive, inclusive process which seeks the strengthening and empowerment of individuals, families, and communities to create conditions that promote health and well-being by enhancing resiliency and protective factors. This is accomplished through comprehensive, evaluative, and culturally and linguistically competent strategies. Prevention education/skills training-This strategy aims to affect critical life and social skills of the program participant and family members, including problem solving, decision making refusal skills/social influence resistance approaches, coping skills for relieving stress and anxiety, interpersonal skills, assertiveness skills, critical analysis (of media messages for example), and systematic and judgmental abilities designed to increase self-control and self-efficacy. The focus is on skill-building and practice as part of a course or series outline. Educational activities conducted to accomplish the intent of this strategy may include the following: on-going classroom and/or small group educational sessions, parenting skills and family management classes/training, peer leader/helper programs, education program for organized youth groups, outreach education opportunities for runaway, homeless, school drop-outs, and curriculum-based support group activities. Problem identification and referral-A strategy to identify individuals who have indulged in inappropriate use of alcohol, tobacco, or other drugs in order to assess if their behavior can be reversed through education/skills training or if they need treatment for a more deep-seated and potentially abusive behavior pattern. Activities under this strategy include screening for tendencies toward substance abuse and minimal preemptive counseling to curb such tendencies. The intent of this strategy is to determine the need and appropriate referral for alcohol and drug abuse assessment and intervention as well as HIV risk assessment and intervention to reduce long term care needs and increase the quality of life and participation in society of young adults. Procedures-The stated standard methods by which policies are implemented. A set of step-by-step instructions used to implement policy. Professional staff -Those individuals specifically qualified by education and/or special training to perform the duties of their positions. Professional staff traditionally include, but are not limited to, psychiatrists, psychologists, social workers, physicians, nurses, and alcohol/drug counselors. Program-A system of service delivery consisting of a specific type of service delivered to a specific population as identified in the proposal. Program director -The individual who manages the day-to-day activities of a substance abuse program. Program evaluation -Written assessment activities, performed internally or externally, of a program or a service and its staff, activities, and planning process to determine whether program goals are met, staff and activities are efficient and effective, and whether or not a program or service has any effect on the problem which it was created to address and/or on the population which it was created to serve. Protective factors -Those characteristics within social systems, such as family, schools, peer groups, that foster resiliency and include high expectations, caring and support, and the opportunity to be involved. Provide-To perform or deliver. Provider-An entity or individual which receives commission funding to provide substance abuse services. Qualified credentialed counselor (QCC)-An LCDC or one of the professionals listed below who can demonstrate two years of chemical dependency counseling experience or one year of chemical dependency counseling experience and 90 clock hours (six semester hours) of chemical dependency training including the 12 core functions from an accredited college or university or an education provider approved by the commission. Documentation shall be available upon request. The following professionals are eligible to serve as QCCs: (A) licensed professional counselor (LPC); (B) licensed master social worker (LMSW); (C) licensed marriage and family therapist (LMFT); (D) licensed psychologist; (E) licensed physician; (F) certified addictions registered nurse (CARN); (G) licensed psychological associate; and (H) advance practice nurse recognized by the Board of Nurse Examiners as a clinical nurse specialist or nurse practitioner with a specialty in psyche- mental health (APN-P/MH). Qualified personnel -Employees who have documented evidence of the education, training, and/or experience required by their job description and/or commission standards to do the work assigned. Referral-The identification of appropriate services and the provision of information needed to access those services. Request for proposal (RFP)-The method by which the commission solicits applications which are to be considered for funding with state and federal funds. Review and evaluation -An assessment by commission staff of a provider's compliance with commission regulations and the terms and conditions of the provider's award. The assessment may include review of a provider's records, review of a provider's reports, on-site visits, and interviews with the provider's employees and any persons who receive services from the provider's programs. Sanction-The penalty for noncompliance, which is defined in the provider manual. Sanctions are applied by the commission in a balanced response to a given act of non-compliance. The commission will apply sanction(s) consistent with its assessment of the nature and severity of the violation(s) and the harm caused by an organization's failure to comply with the commission's requirements. Screening-Determining whether a client meets the program's admission criteria, based on the person's reason for admission, medical and chemical use history, and other needed information. Screening and evaluation-Preliminary determination of the nature and extent of a person's problem in order to link the person with appropriate and available services provided in the least restrictive setting. Selfhelp group -An independent support group or fellowship organized by and for drug abusers and alcoholics to help members achieve and maintain abstinence and/or cope with the effects of drugs and alcohol. Service area-A defined geographic area and specified population base which identifies specific counties for substance abuse services as defined and funded by the commission. Staff-Individuals who provide services for the organization in exchange for money or other compensation, including employees, contract providers, and consultants. STDs-Sexually transmitted diseases. Subcontract-An agreement between a commission-funded provider and another entity to provide part or all of the services required through an award executed with the commission. Subcontracts do not include those agreements which involve general services required to support the grant program, such as auditing, maintenance, or staff development. All subcontracts must be approved in advance and in writing by the commission. Subcontractor-The legal entity to which a subcontract is made and which is accountable to the provider for the provision of services in response to the funds provided. Subcontractors are responsible for compliance with the rules, policies, and procedures established for awards and programs to the same degree as providers. Substance abuse -The use of one or more drugs, including alcohol, which significantly and negatively impacts one or more major areas of life functioning. Substance abuse education-A planned, structured presentation of information related to substance abuse, including but not limited to, physiological and psychological effects, emotional and social deterioration, rehabilitation and relapse, and risk of Human Immunodeficiency Virus. Suspension-Withholding of funds and/or temporary cessation of services or licenses due to noncompliance. The commission will determine the length of the suspension period at the time the suspension is ordered. At any time while the license holder is suspended, the commission may hold a hearing and on majority vote revoke the suspension status. TAC-Texas Administrative Code. TB-Tuberculosis. TCADA-The Texas Commission on Alcohol and Drug Abuse. Terminate-A decision by the commission or the provider to end an executed agreement. Therapeutic community (TC)-The treatment model characterized as a separate community that is highly structured and ritualized and designed to habilitate or rehabilitate its residents based on predetermined goals. Training plan-A written document that verifies that an employee has been adequately prepared to perform assigned functions in an organization. A training plan will include documentation relating to the topics covered with an employee, the date, the instructor, and an acknowledgment by the employee of receiving the instruction, such as entering initials on the training plan document, or in the case of group instruction, a sign-in sheet. Treatment Facility -A site or specific location licensed by the commission to provide chemical dependency treatment. Treatment level -The intensity of treatment provided by a program. Unit cost-A payment mechanism in which a specified rate of payment is made in exchange for a specified unit of services. Universal precautions for AIDS-Those guidelines promulgated by the Center for Disease Control which are designed to prevent the transmission of Human Immunodeficiency Virus. Update-A dated and signed review of a report, plan, program, or procedures which describes any relevant changes. Volunteer-An individual who provides services without compensation. Waiting list-A record of individuals referred to or requesting treatment services at a facility that is operating at full capacity. A waiting list includes a roster, log, file, or equivalent record with names, addresses, and telephone numbers of screened eligible applicants for admission, as well as date(s) of application and dates and nature of followup contacts. Waiver-An executed contract amendment that permits a provider to meet the intent of a contract requirement in an alternative way. Youth-An individual under the age of 17 whose disabilities of minority have not been removed by marriage or judicial decree. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607199 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720 Subchapter B. Organizational 40 TAC sec.sec.144.21-144.29, 144.31-144.34, 144.41-144.44, 144. 51-144.54, 144.61-144.65, 144.71-144.74 The Texas Commission on Alcohol and Drug Abuse adopts new sec.sec.144. 21- 144.29, 144.31-144.34, 144.41-144.44, 144.51-144.54, 144.61-144.65, and 144. 71- 144.74, concerning organizational requirements for service providers funded by the commission. Sections 144.24, 144.25, 144.63, and 144.74 are adopted with changes to the proposed text as published in the March 12, 1996 issue of the Texas Register (21 TexReg 2011). Sections 144.21-144.23, 144.26-144. 29, 144.31- 144.34, 144.41-144.44, 144.51-144.54, 144.61, 144.62, 144.64, 144. 65, and 144.71-144.73 are adopted without changes and will not be republished. The new sections are adopted to establish rules for service providers funded by the commission. These sections describe standards relating to organizational structure; board responsibilities; use of funds; relationships with the community; HIV procedures and records; amending the award; confidentiality and retention of records; subcontracting; publications; conflict of interest, collusion, and remuneration; franchise taxes; target population; and limiting barriers. The commission received comments from the Association of Substance Abuse Service Providers of Texas summarized as follows. Comment: As written, sec.144.25 (relating to Restrictions on Use of Funds) states that all providers who receive commission funds are subject to the listed restrictions. This could be interpreted to mean if a provider takes commission funds a provider simply cannot do what follows. Suggested wording: "All providers shall ensure compliance with the following restrictions on the use of commission (state/federal) funds. Response: This section has been revised to include the suggested wording. Comment: In sec.144.74 (relating to Limiting Barriers), it would be helpful to add a qualifier, such as "reasonably". Each program needs to determine what is appropriate for its target population, but in some circumstances the present wording could be problematic. Response: Recognizing the diversity of clients a program may be required to serve, the commission has modified this rule to read, "reasonably appropriate". Section 144.24 has been modified to specify that staff members cannot serve on the organization's governing board. Section 144.63 has also been revised to clarify that the prohibition against paying or receiving payment for admission to services or for placement on a waiting list to receive services applies only to commission-funded services. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the new sections is the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 461. sec.144.24. Responsibilities of the Governing Board. (a) All entities shall have a separate and distinct governing board that provides oversight for staff. (b) The governing board is legally responsible for the integrity of the fiscal and programmatic management of the organization. This includes: (1) responsibility for all funds, assets, and liabilities gained as a result of the commission award; (2) compliance with commission rules and applicable federal and state laws and regulations; and (3) correction of identified organizational, fiscal and program deficiencies. (c) The governing board shall: (1) be informed and have a general understanding of the organization's obligations under the award agreement, including regulatory compliance; (2) maintain legal authority to operate in the State of Texas; (3) comply with all applicable laws, regulations and commission rules, and requirements specific to the funded services provided by the entity; (4) maintain active involvement in the organization's funded activities and document corrective actions taken to resolve identified problems in a timely manner; (5) approve an annual plan for the organization's substance abuse services; (6) appoint a person to manage the day-to-day administrative operations of the organization. The person shall demonstrate competency in financial management, personnel management, and other areas necessary to manage the organization effectively; (7) confirm the appointment of a person to manage the day-to-day operations of the funded program. The person shall demonstrate competency in chemical dependency, financial management, personnel management, and other areas necessary to manage the program effectively; (8) establish a written policy on board orientation and training. Board members shall receive orientation that addresses administration, legal liability, fiscal, public and community relations, personnel, fund raising, and cultural competency related to the program's target population. Additional information and training shall be provided as needed to develop appropriate knowledge and skills; (9) establish a written policy that prohibits staff members from serving on the board and ensures separation of powers, duties, and functions of board members and staff; (10) establish a written policy to conduct meetings at least quarterly. Minutes shall include the date, time, place, names of members present and absent, a summary of discussions, and actions taken; (11) establish a written policy prohibiting any form of collusion; (12) establish a written policy prohibiting any officer, employee, or member of the governing board of the organization or the organization's subcontractor from voting for or confirming the employment of any person related within the second degree by marriage or third degree by blood to any member of the governing board or to any other officer or employee authorized to employ or supervise the person. (d) The organization shall maintain a current organizational manual that includes all policies and procedures required by the commission. Policies shall be approved by the board and procedures shall be approved by the executive director. The manual shall be reviewed annually, and copies shall be convenient and readily available to all staff. sec.144.25. Restrictions on Use of Funds. (a) All providers shall ensure compliance with the following restrictions on the use of commission (state/federal) funds. (1) A provider shall not provide inpatient hospital services to an individual, except for medically necessary services that cannot be effectively provided in an alternative setting. Alcohol and drug treatment services licensed and funded by the commission are not traditional hospital services. The cost for these services shall not exceed the comparable daily rate provided for community- based, non-hospital residential substance abuse treatment programs. (2) Unless otherwise approved in writing, a provider shall not use commission funds to distribute sterile needles for the injection of any illegal drug. (3) A provider may not: (A) provide cash payments to intended recipients of funded activities or services; (B) make purchases or improvements to land; (C) purchase, construct, or permanently improve (other than minor remodeling) any building or other facility; (D) purchase major medical equipment; (E) use commission funds to meet a matching requirement of federal funds; or (F) use commission funds to pay any individual a salary greater than $125,000 per year. (b) Medicaid eligible clients are not eligible to treatment services through commission-funded awards until all Medicaid benefits have been exhausted. The services provided shall be in excess of the Medicaid limitations and documentation shall be maintained. sec.144.63. Remuneration. (a) Providers receiving funds from the commission shall neither compensate for client referrals to their own funded programs nor receive compensation for making client referrals to other programs. Providers shall not compensate or reward any individuals based on referrals, admissions, contacts made to solicit clients, or determinations made regarding client length of stay. Paying or receiving payment for admission into any commission-funded services or for placement on a waiting list to receive commission-funded services is prohibited. (b) The provider shall establish a written policy on remuneration and written procedures on program marketing, client admissions and referrals, and employee compensation which ensure compliance with this requirement. sec.144.74. Limiting Barriers. (a) The provider shall not discriminate against an individual or group based on race, religion, ethnicity, country of origin, age, disability, or sex. The provider shall also ensure that no person or group of persons is restricted from receiving the same services or the same quality of services available to others. (b) The provider shall: (1) provide annual staff training in cultural competency; (2) document good faith efforts to recruit and employ qualified staff which reflect the ethnic and cultural diversity of the target population; (3) adopt a policy which identifies the population to be served, acknowledges cultural diversity and its implications, and commits the program to culturally competent practices appropriate for the population served; (4) document a good faith effort to provide direct services or make appropriate referrals for all persons covered under the Americans with Disabilities Act; and (5) provide equal access to services and activities for pregnant females. (c) Materials and other communications shall be culturally appropriate and relevant. (d) Services shall be delivered at the developmental and literacy levels of the individuals served, through direct services or appropriate referrals. Provisions shall be made for participants or clients who cannot read and or write. (e) The program design, content and materials shall be reasonably appropriate to the gender, sexual orientation, age, and developmental levels of the participants. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607200 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720 Subchapter C. Fiscal 40 TAC sec.sec.144.211-144.215, 144.221-144.227, 144.231-144. 233, 144.235- 144.239, 144.241-144.245, 144.251-144.256, 144.261-144.265, 144. 271, 144.281- 144.283 The Texas Commission on Alcohol and Drug Abuse adopts new sec.sec.144. 211- 144.215, 144.221-144.227, 144.231-144.233, 144.235-144.239, 144.241-144. 245, 144.251-144.256, 144.261-144.265, 144.271, and 144.281-144.283 concerning fiscal requirements for service providers funded by the commission. Sections 144.225, 144.226, 144.237, 144.241, 144.256, 144.263, and 144.283 are adopted with changes to the proposed text published in the March 19, 1996 issue of the Texas Register (21 TexReg 2214). Sections 144.211-144.215, 144.221-144. 224, 144.227, 144.231-144.233, 144.235, 144.236, 144.238, 144.239 , 144. 242-144.245, 144.251- 144.255, 144.261, 144.262, 144.264, 144.265, 144.271, 144. 281, and 144.282 are adopted without changes and will not be republished. The new sections are adopted to establish rules for service providers funded by the commission. These sections describe minimum criteria for fiscal practices, including financial management; accounting systems; internal controls; budget controls; cost allocation plans; payments; cash management; matching; program income; award revisions; allowable costs; costs requiring prior approval; unallowable costs; double billing; minor remodeling; financial documentation; use of property; procurement; subcontracting; termination; and refunds. The commission received comments from the Association of Substance Abuse Service Providers of Texas, which are summarized below. Comment: Language in some sections continues to possibly convey that if the commission funds any portion of an available type of program or activity, the entire program becomes a "commission funded activity". Without additional clarification, program income could still be construed as any revenue acquired for providing the same type of service/activity that the commission also happens to fund. We would suggest wording be modified in sec.144.226 (relating to Program Income) and in sec.144.237 (relating to Prohibitions Against Billing More Than One Entity) to clarify that the rule applies only to the portion of a service or activity funded by the commission. Response: The commission has reworded these sections as suggested. Comment: This comment on sec.144.235 (relating to Expenditures Requiring Prior Approval) is made not in protest of prior approval, but is made in reference to situations that arise and do not fit into the commission's internal policy of 30 days to respond to requests for approval. In some instances, such as emergency equipment purchase or PRN contractual nursing services, the luxury of waiting 30 days for a written response is not there. It is suggested that provisions or criteria and procedures for emergency approval be developed and published. Response: An item specifically included in the provider's approved budget does not need additional approval. The provider should include all anticipated needs in the budget, such as necessary equipment and PRN nursing services. Emergency replacement of a piece of equipment is considered maintenance and does not need prior approval. If an emergency which could not have been anticipated does arise, the provider should submit a written request immediately and work with the assigned specialist to expedite approval. Comment: In sec.144.238 (relating to Minor Remodeling), the current definition includes such small items as changing the direction of a door or relocating a fire extinguisher. This seems overly burdensome to both the commission and the provider. It is suggested that another category be added to distinguish minor remodeling and minor minor remodeling. Response: The commission disagrees that the current definition of minor remodeling encompasses changing hardware used to mount fixtures inside the facility. Such actions do not alter the construction or integral components of the building, and should be classified as repair or maintenance. Comment: In sec.144.263 (relating to Methods of Procurement), requiring price and rate quotations from a minimum of three qualified sources for services, supplies, or other property costing not more than $25,000 in total seems unreasonable for the purchase of regular and necessary supplies. It is suggested that an additional method that does not require three price and rate quotations be allowed for minor supply purchases (such as a ream of paper) under a certain amount. Response: This section has been revised to state that three price or rate quotations shall be obtained to the fullest extent practical. For purchases under $1,000, price or rate quotations are not required. The provider must obtain three phone price or rate quotations for purchases between $1,000 and $5,000, and three written price or rate quotations for any purchase over $5, 000. Comment: Commenter opposed sec.144.282 (relating to Termination for Convenience) and asked why contract. Regardless of a clean compliance record, the appeals processes, et cetera, an award ultimately can be terminated (either way) for no reason. It seems to nullify the spirit of a contract. If there is a legal precedent or rationale, please inform. Response: This provision is included so that either party can end the agreement when unanticipated circumstances prevent follow-through on contractual commitments. Because of the difficulties imposed on the other party, neither party should invoke this clause frivolously. The commission shall use due process when taking disciplinary action against a provider and shall not use the termination for convenience clause as an alternative means of imposing sanctions. Comment: Throughout sec.144.283 (relating to Refunds), there is reference to "not to exceed two years". Commenter asked if it would be possible not to lock in a final time limit until there is more experience with audit resolution and sanctioning. Response: Wording has been added to accommodate exceptional circumstances for funded providers. In addition, language has been revised in sec.144.283 (relating to Refunds), to clarify that the commission shall select the method of repayment. Also, providers who are suspended or terminated are not required to pay the balance of their refunds in a lump sum. The commission has added new language to sec.144.237 (relating to Prohibitions Against Billing More Than One Entity) to clarify that total revenue may exceed total cost if the revenue is treated as program income in accordance with administrative rules. In sec.144.241 (relating to General Documentation Requirements) and in sec.144.225 (relating to Matching), "grant" and "contract" have been replaced with current terminology. Section 144.256 (relating to Insurance Coverage) has been revised to require employee bonding only for possible losses that might result from unauthorized use of funds; the phrase "or from lack of care and oversight" has been removed. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the new sections is the Texas Health and Safety Code, Chapter 461. (c) Providers receiving cash advances shall implement procedures for minimizing the time between receipt and disbursement of funds. (d) The provider shall be placed on the reimbursement method of payment for noncompliance with cash management standards. sec.144.225. Matching. Unless waived in writing by the commission, all prevention/intervention providers funded through financial assistance shall contribute a 5.0% cash match for each award funded by the commission through the financial assistance. Cash match shall: (1) be verifiable by records; (2) not be included as match for any other federally assisted program; (3) be necessary and reasonable; (4) be allowable under the appropriate cost principles; and (5) not be paid for using by another award funded with federal funds. sec.144.226. Program Income. (a) Providers shall separately record and report all program income earned or directly generated through the portion of the program or activities funded by the commission. (b) The provider may charge fees for commission-funded client services or the portion of activities funded by the commission, provided no one is refused commission-funded services for inability to pay and that the resulting income is used according to applicable regulations. Program income may be used only as follows: (1) Matching funds. With prior approval from the commission, program income may be used to offset allowable costs of the program and may count toward satisfying commission cash match requirements for that program. (2) Additional costs. With prior approval from the commission, income may be used to expand or increase funded program activities or objectives. (3) Award deduction. Program income is deducted from total program expenditures. Any program income generated as a result of a commission-funded program during the fiscal year and not expended or used for cash match shall be used to reduce the amount of the award. (4) Any other use of these funds is prohibited. (c) Revenue generated through legal and appropriate double billing shall be treated as program income. sec.144.237. Prohibitions Against Billing More Than One Entity. A provider shall not bill and receive payment in excess of actual costs from more than one entity for the same service at the same time for the same client. The total amount paid to a provider shall not exceed the actual costs of providing the services, either by client or in the aggregate. If double billing generates revenue that exceeds actual costs, the revenue shall be treated as program income in accordance with sec.144.226 (relating to Program Income). Double billing which does not comply with these rules is illegal and may result in the termination of an existing award and the inability to obtain future awards. sec.144.241. General Documentation Requirements. (a) Appropriate documentation shall be available to support any cost charged to an award. (b) Documentation shall be: (1) written; (2) independently generated or verifiable by an independent third party; (3) generated at the point of occurrence of the transaction; (4) in support of the amounts reflected on the books; and (5) filed in a manner that allows easy retrieval. (c) Documentation for direct, program-specific costs charged to the commission or shown as cash match shall show the cost's relevance and application to the program. sec.144.263. Methods of Procurement. (a) Methods. Providers shall follow one of the procurement methods described in this section. (b) Procurement by small purchase procedures. These are simple and informal methods for obtaining services, supplies, or other property costing no more than $25,000 in total. To the fullest extent practical, price or rate quotations shall be obtained from a minimum of three qualified sources. For purchases under $1,000, price or rate quotations are not required. The provider shall obtain three phone price or rate quotations for purchases between $1,000 and $5,000, and three written price or rate quotations for any purchase over $5,000. (c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed-price contract is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation for bids and is the lowest in price. (1) Sealed bids shall not be used unless: (A) a complete, adequate, and realistic specification or purchase description is available; (B) three or more responsible bidders are willing and able to compete for the business; and (C) the procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made largely on the basis of price. (2) The following requirements apply: (A) the invitation for bids shall be publicly advertised and bids solicited from an adequate number of known suppliers; (B) the invitation for bids shall clearly define the items or services; (C) all bids shall be opened at the time and place stated in the invitation; (D) a firm fixed-price contract award shall be made in writing to the lowest responsive and responsible bidder; and (E) any or all bids may be rejected if there is sound documented reason. (d) Procurement by competitive proposals. Proposals are publicly solicited, and either a fixed-price or reimbursement-type contract is awarded. The following requirements apply: (1) requests for proposals shall be publicized and shall identify all evaluation factors and their relative importance; (2) proposals shall be solicited from a minimum of three qualified sources; (3) providers shall have a method for conducting technical evaluations of the proposals received and for selecting providers; and (4) awards shall be made to the applicant who submits the proposal that provides the greatest benefit to the program, with price and other factors considered. (e) Procurement by noncompetitive proposals. This method shall be used only when the award of a contract is not feasible under small purchase procedures, sealed bids, or competitive proposals and one of the following circumstances apply: (1) the item is available only from a single source; (2) a public emergency does not permit the delay that would result from a competitive process; (3) the awarding agency authorizes noncompetitive proposals; or (4) after competitive solicitation, competition is found to be inadequate. sec.144.283. Refunds. (a) The commission shall require currently funded providers who owe a refund to: (1) pay the total amount due by the due date; (2) execute a repayment agreement or agreed order allowing payments to be deducted from subsequent requests for reimbursement for a period of time not to exceed two years (unless the commission finds that exceptional circumstances justify a longer period). If the provider is placed on suspension or the award is terminated, the provider shall submit equivalent payments directly to the commission; or (3) execute a repayment agreement or agreed order signed by the authorized official agreeing to repay funds by a specific due date, in specific amounts, over a specified period of time, not to exceed two years (unless the commission finds that exceptional circumstances justify a longer period). (b) Providers who are not currently funded shall pay the total amount due at the time specified by the commission. A repayment agreement or agreed order may be negotiated if it is approved by the commission and does not exceed two years. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607201 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720 Subchapter D. Prevention and Intervention 40 TAC sec.sec.144.301, 144.311-144.316, 144.321, 144.322, 144. 333, 144.341- 144.346, 144. 351, 144.352, 144.355, 144.356, 144.361 The Texas Commission on Alcohol and Drug Abuse adopts new sec.sec.144.301, 144.311-144.316, 144.321, 144.322, 144.333, 144.341-144.346, 144.351, 144.352, 144.355, 144.356, and 144.361, concerning requirements for prevention and intervention providers funded by the commission. Section 144.351 is adopted with changes to the proposed text published in the March 12, 1996 issue of the Texas Register (21 TexReg 2017). Sections 144.301, 144.311-144.316, 144. 321, 144.322, 144.333, 144.341-144.346, 144.352, 144.355, 144.356, and 144.361 are adopted without changes and will not be republished. The new sections are adopted to establish rules for service providers funded by the commission. These sections describe minimum criteria for prevention and intervention programs, including planning; staffing; program evaluation; participant rights; essential services; special programs; and performance measures. No comments were received regarding adoption of these rules. In the proposed rules, sec.144.351 (relating to Requirements for Early HIV Intervention Services) restricted services to the provider's treatment clients. This section has been modified to require providers to offer services to any HIV-infected individual identified as chemically dependent by any agency or facility in the service area. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the new sections is the Texas Health and Safety Code, Chapter 461. sec.144.351. Requirements for HIV Early Intervention Services. (a) Treatment providers receiving HIV early intervention funds designated by the Substance Abuse Prevention Treatment (SAPT) Block Grant set-aside shall offer HIV early intervention services for HIV-infected individuals identified as chemically dependent by any agency or facility in the service area, including: (1) appropriate pretest counseling for HIV and AIDS; (2) HIV testing to diagnose the disease, assess the deficiencies in the immune system, and identify appropriate therapeutic measures; (3) appropriate post-test counseling; and (4) case management to access the appropriate therapeutic measures. (b) HIV early intervention services can be provided only if the client voluntarily gives informed consent. Receiving these services shall not be required as a condition of receiving treatment or other services. (c) HEI funding may also be used to provide HIV antibody testing for individuals who are concerned about their risk of being infected as a result of substance abuse activity. (d) Providers shall establish linkages with a comprehensive community resource network of related health and social services organizations. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607202 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720 Subchapter E. Treatment 40 TAC sec.sec.144.401, 144.411-144.427, 144.431-144.435, 144.441-144.444, 144.451, 144.452. The Texas Commission on Alcohol and Drug Abuse adopts new sec.sec.144.401, 144.411-144.427, 144.431-144.435, 144.441-144.444, 144.451, and 144.452, concerning program requirements for treatment providers funded by the commission. Sections 144.424, 144.431, and 144.443 are adopted with changes to the proposed text published in the March 12, 1996 issue of the Texas Register (21 TexReg 2021). Sections 144.401, 144.411-144.423, 144.425-144. 427, 144.432- 144.435, 144.441, 144.442, 144.444, 144.451, and 144.452 are adopted without changes and will not be republished. The new sections are adopted to establish rules for service providers funded by the commission. These sections describe standards relating to treatment services, including continuum of care, family services, indigent status, admission, assessment, waiting lists, interim services, provisions for special populations, service areas, diagnosis, client chart documentation, client absent from treatment, level/phase systems, relapse prevention education, group size, specific provisions for each level of care and for specialized populations, and performance measures. No comments were received regarding adoption of these rules. In sec.144.424 (relating to Client Absence from Treatment), language has been added to ensure that the frequency of approved absences is reasonable and appropriate. In sec.144.431 (relating to General Treatment Services), an incorrect reference to the Texas Health and Safety Code has been changed to the correct reference, Texas Administrative Code. In sec.144.443 (relating to Court Commitment Services) incorrect references to the Texas Health and Safety Code and the Texas Administrative Code have been corrected. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the new sections is the Texas Health and Safety Code, Chapter 461. sec.144.424. Client Absence from Treatment. (a) Providers may hold a bed or day treatment slot open and bill for a client who is on a planned, approved absence for up to two days. (b) If a client leaves the program against program advice, an absence may be billed only if the client returns within two days and is accepted back into the program. (c) The bed or slot shall not be occupied by another client when billed to the commission. (d) The client record shall document the purpose, duration, and justification of an approved absence. (e) The frequency of approved absences shall be reasonable and appropriate. sec.144.431. General Treatment Services. (a) All treatment programs shall comply with applicable chemical dependency treatment facility licensure requirements for the specified level of service, Chapter 148 of this title (relating to Facility Licensure). (b) In addition, all treatment programs funded by the commission shall provide: (1) education about dysfunctional relationships within the family; (2) coping skills training; (3) access to tuberculosis services; (4) case management; (5) family services; (6) individual counseling; (7) waiting list interim services; and (8) support group opportunities for children and adults. (c) Level II, III, and IV treatment programs shall also provide relapse prevention services. sec.144.443. Court Commitment Services. (a) Court commitment service (CCS) programs only serve clients remanded for treatment by county and probate judges through certificates of commitment. (b) All programs providing these services shall be licensed and approved by the commission to provide chemical dependency care to a client court ordered to treatment before services are provided. (c) The program shall implement procedures for compliance with Federal and State Statutory and Administrative Code provisions that relate to the care and custody of court committed clients. These provisions include: (1) Code of Federal Regulations, Title 42, Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records; (2) Texas Health and Safety Code, Chapter 462; and (3) 40 Texas Administrative Code, Chapter 149. (d) The program shall provide training for all CCS staff to ensure they understand and comply with CCS statutes, regulations, and procedures. (e) Services shall be provided in compliance with all relevant statutory provisions. (f) All CCS staff and volunteers providing direct client services shall receive training in Prevention and Management of Aggressive Behavior (PMAB). The second part of PMAB training (relating to restraint procedures) is not required, and a facility may substitute another non-violent behavior management course with content equivalent to the PMAB training. This training shall be documented in personnel files. (g) In addition to the documentation requirements set out in the commission's licensure standards, the CCS provider shall document as a part of the client's record the conditions and/or behaviors that caused the client's entry into the civil court commitment process. (h) The client record shall also contain copies of the following documents: (1) order of detention (if applicable); (2) application for court ordered treatment; (3) two certificates of medical exam; (4) order of protective custody; (5) notification of probable cause hearing (6) waiver of attendance at hearing (if applicable); (7) finding of probable cause hearing; (8) order of commitment or writ of commitment; and (9) transfer order (if applicable). This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607203 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720 Subchapter F. Reports 40 TAC sec.sec.144.511, 144.512, 144.521-144.531. The Texas Commission on Alcohol and Drug Abuse adopts new sec.sec.144.511, 144.512, and 144.521-144.531, concerning reporting requirements for service providers funded by the commission, without changes to the proposed text published in the March 12, 1996 issue of the Texas Register (21 TexReg 2027). The new sections are adopted to establish rules for service providers funded by the commission. These sections describe general requirements for reporting, use of the Electronic Forms Interchange System, and the specific reports that providers must submit to the commission. No comments were received regarding adoption of these rules. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the new sections is the Texas Health and Safety Code, Chapter 461. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607204 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720 Subchapter G. Audits 40 TAC sec.sec.144. 611-144.615, 144.621-144.624, 144.631-144.633. The Texas Commission on Alcohol and Drug Abuse adopts new sec.sec.144. 611- 144.615, 144.621-144.624, and 144.631-144.633, concerning audits of service providers funded by the commission, without changes to the proposed text published in the March 12, 1996 issue of the Texas Register (21 TexReg 2029). The new sections are adopted to establish rules for service providers funded by the commission. These sections describe minimum standards for external audits required by the commission and the responsibilities of the commission and the provider during the program review process. No comments were received regarding adoption of these rules. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the new sections is the Texas Health and Safety Code, Chapter 461. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607205 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720 Subchapter H. Sanctions 40 TAC sec.sec.144. 711-144.714, 144.721-144.727, 144.731, 144.732 The Texas Commission on Alcohol and Drug Abuse adopts new sec.sec.144. 711- 144.714, 144.721-144.727, 144.731, and 144.732, concerning sanctions for service providers funded by the commission. Section 144.711 is adopted with changes to the proposed text published in the March 12, 1996 issue of the Texas Register (21 TexReg 2031). Sections 144.712-144.714, 144.721-144. 727, 144.731, and 144.732 are adopted without changes and will not be republished. The new sections are adopted to establish rules for service providers funded by the commission. These sections describe the criteria for sanctions, prohibited actions, the range of sanctions that may be applied by the commission, and the effect of sanctions. The commission received comments from the Association of Substance Abuse Service Providers of Texas. Comment: In sec.144.711 (relating to Criteria for Sanctions), the statement "Criteria is not limited to the specific examples below" is still too broad. At the least, a statement to the effect "Criteria for sanction will be determined based on the nature and severity of the violation" might be added below. Response: New language has been added to specify that sanctions are applied by the commission in a balanced response to a given act of non-compliance. The new sections are adopted under the Texas Health and Safety Code, sec.461. 012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs. The code affected by the adopted new sections is the Texas Health and Safety Code, Chapter 461. sec.144.711. Criteria for Sanctions. (a) The commission's executive director may terminate, suspend or otherwise require stipulations to an award if an applicant, license holder, owner, member of the governing board, administrator, or clinical staff member: (1) engages in fraud; (2) commits acts of abuse, neglect, or exploitation; or (3) violates any laws, regulations, or professional ethical codes. (b) Criteria for sanctions are not limited to the specific examples provided. (c) Sanctions are applied by the commission in a balanced response to a given act of non-compliance. The commission will apply sanctions consistent with its assessment of the nature and severity of the violation(s) and the harm caused by the organization's failure to comply with the commission's requirements. (d) Submission of false or fraudulent claims, statements, or documents or the concealment of a material fact may be prosecuted as a felony in either Federal or State court. (e) If records identify situations in which there is a question of fraud, the commission will consult with the Texas Attorney General's Office, the United States Attorney General's Office and other appropriate law enforcement agencies. (f) Abuse, neglect, or exploitation is a violation of commission rules and is punishable by criminal prosecution, administrative disciplinary action, or both. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on May 23, 1996. TRD-9607206 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Effective date: June 14, 1996 Proposal publication date: March 12, 1996 For further information, please call: (512) 867-8720