ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS PART XXIV. Texas Board of Veterinary Medical Examiners CHAPTER 571. Licensing License Renewals 22 TAC sec.571.61 The Texas Board of Veterinary Medical Examiners adopts an amendment to 571.61, concerning Inactive License Status without changes to the proposed text as published in the August 9, 1996, issue of the Texas Register (21 TexReg 7522). The agency is adopting this amendment to allow delinquent renewal of an inactive license. The amendment will allow licensees on an inactive status to renew at anytime during the year upon payment of the applicable penalty for delinquent license renewal. No written comments were received regarding adoption of the amendment. The amendment is adopted under the authority of the Veterinary Licensing Act, Texas Civil Statutes, Article 8890, sec.7(a) which states "The Board may make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." The amendment affects the Veterinary Licensing Act, Article 8890, sec.10B(b). 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 October 21, 1996. TRD-9615424 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 12, 1996 Proposal publication date: August 9, 1996 For further information, please call: (512) 305-7555 CHAPTER 573.Rules of Professional Conduct Records Keeping 22 TAC sec.573.52 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.573.52, concerning Patient Record Keeping, with changes to the proposed text as published in the August 9, 1996 issue of the Texas Register (21 TexReg 7522). The changes contained in subsection (a) of the rule replace the term strengths with the name, dosages and concentrations of medications be entered into patient records. The agency is adopting the amendment to document existing Board policy. Concern was expressed by Board members that the rule was not specific as to the information required concerning medications. The rule was amended to address these concerns. Additionally, a citizen requested the rule to amended to require: (1) written reports on all test results, including the name of the performing lab; and (2) the method and drug used in euthanasia. The Board disagrees with this comment because this information would not significantly improve the Board's ability to determine the quality of care provided. No written comments were received. The amendment will require practitioners to maintain patient records to substantiate diagnosis, treatment and/or surgery. It also requires that DVMs enter into the patient records the name, dosages, and concentrations of medications administered, prescribed or otherwise provided to the animal. Amendments also clarify that patient owners are entitled to obtain copies of their records. The amendment is adopted under the authority of the Veterinary Licensing Act, Texas Civil Statutes, Article 8890, sec.7(a), which states "The Board may make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." No other sections of the Veterinary Licensing Act are affected by this proposed revision. sec.573.52.Patient Record Keeping. (a) Individual records will be maintained at the veterinarian's place of business and include, but are not limited to: patient identity, patient history, dates of visits, immunization records, weight (estimate if necessary), temperature (except when treating a herd or flock or a species that is difficult to temperature), laboratory analysis, radiographs, names, dosages, concentration, and routes of administration of anesthetics and other medications administered and/or dispensed, and other details necessary to substantiate the examination, diagnosis, treatment provided, and/or surgical procedure conducted. (b) Patient records shall be current and maintained on the business premises for a period of three years and are the responsibility and property of the veterinarian or veterinarians who own the veterinary practice, provided however, the client is entitled to a copy of the patient records pertaining to his/her animals. (c) (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 October 21, 1996. TRD-9615425 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 12, 1996 Proposal publication date: August 9, 1996 For further information, please call: (512) 305-7555 CHAPTER 575.Practice and Procedure 22 TAC sec.575.27 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.575.27, concerning Complaints - Receipt, Investigation, and Disposition, without changes to the proposed text as published in the August 9, 1996 issue of the Texas Register (21 TexReg 7523). The agency is adopting the amendment to allow the use of private investigators in cases involving drugs and/or the practice of veterinary medicine without a license. The amendment will authorize the use of private investigators in those circumstances where Board investigators are either unable to effectively obtain necessary information or when the cost to use Board staff would exceed that of a private investigator. No written comments were received regarding adoption of the amendment. A citizen comment requested that the rule be amended to allow the Board to conduct "sting" operations in controlled substance cases. The Board disagrees with this comment because it believes only licensed peace officers can conduct the type of action requested. The amendment is adopted under the authority of the Veterinary Licensing Act, Texas Civil Statutes, Article 8890, sec.7(a), which states "The Board may make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." The amendment affects the Veterinary Licensing Act, Texas Civil Statutes, Article 8890, sec.18D(a)(5), which requires the Board to prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the Board to obtain the services of a private investigator. 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 October 21, 1996. TRD-9615422 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 12, 1996 Proposal publication date: August 9, 1996 For further information, please call: (512) 305-7555 CHAPTER 577.General Administration and Duties Staff and Miscellaneous 22 TAC sec.577.15 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.577.15, concerning the Fee Schedule, without changes to the proposed text as published in the August 9, 1996 issue of the Texas Register (21 TexReg 7523). The agency is adopting this amendment to reduce the Provisional License fee to comply with statutory revenue guidelines. The amendment will reduce the Provisional License Fee to $250. No written comments were received regarding adoption of the amendment. The amendment is adopted under the authority of the Veterinary Licensing Act, Texas Civil Statutes, Article 8890, sec.7(a), which states "The Board may make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." The amendment affects the Veterinary Licensing Act, Texas Civil Statutes, Article 8890, sec.19(a), which mandates that the Board, by rule, establish reasonable and necessary fees to produce sufficient revenue to cover the costs of administering 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 legal authority. Issued in Austin, Texas, on October 21, 1996. TRD-9615423 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 12, 1996 Proposal publication date: August 9, 1996 For further information, please call: (512) 305-7555 TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART VII. Texas Commission on Law Enforcement Officer Standards and Education CHAPTER 211.Administration Division 37 TAC sec.211.68 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts the repeal of sec.211.68 concerning instructor Licenses, without changes to the proposed text as published in the July 5, 1996, edition of the Texas Register (21 TexReg 6223). A reorganization plan for the commission's rules, which was developed by staff in response to concerns that the rules were becoming increasingly complex, disorganized and difficult to understand, was discussed by the commission's Ad Hoc Rules Committee and considered during the drafting of a number of new rules over the last year. Included in the reorganization plan is a schedule developed by staff for renumbering certain sections as a way to more clearly label specific topics and to more fully utilize the chapter numbers available in the Texas Administrative Code for the commission's rules. As a result of the Committee's recommendations, the provisions of sec.211.68 were revised and renumbered as sec.217.15, which is also adopted in this issue of the Texas Register . Chapter 217 is entitled "Licensing Requirements." None of the provisions of sec.211.68 were deleted or substantially altered. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Government Code, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415. 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 October 22, 1996. TRD-9615429 Edward T. Laine Chief, Professional Standards and Administrative Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: December 1, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 450-0188 37 TAC sec.211.74 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts the repeal of sec.211.74, concerning State Examinations, without changes to the proposed text as published in the July 5, 1996, edition of the Texas Register (21 TexReg 6223). A reorganization plan for the Commission's rules, which was developed by staff in response to concerns that the rules were becoming increasingly complex, disorganized and difficult to understand, was discussed by the Commission's Ad Hoc Rules Committee and considered during the drafting of a number of new rules over the last year. Included in the reorganization plan is a schedule developed by staff for renumbering certain sections as a way to more clearly label specific topics and to more fully utilize the chapter numbers available in the Texas Administrative Code for the commission's rules. As a result of the Committee's recommendations, the provisions of sec.211.74 were split into three general topic areas (eligibility, administration and scoring), revised and renumbered as sec.219.40. Eligibility to Take State Examinations, sec.219.50. Examination Administration, and sec.219.60. Scoring of Examinations, which are also adopted in this issue of the Texas Register. Chapter 219 is entitled "Prelicensing and Reactivation Courses, Tests and Endorsement of Eligibility." None of the provisions of sec.211.74 were deleted or substantially altered, except to add provisions relating to new statutory requirements that compel the commission to establish eligibility requirements to take state licensing examinations. No comments were received regarding the adoption of the repeal. The repeal is adopted under Texas Government Code, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415; and under sec.415.056, which establishes the requirements regarding examinations administered by the commission. 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 October 22, 1996. TRD-9615430 Edward T. Laine Chief, Professional Standards and Administrative Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: December 1, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 450-0188 37 TAC sec.211.80 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts the repeal of sec.211.80, concerning Minimum Standards for Licensing, without changes to the proposed text as published in the July 5, 1996, edition of the Texas Register (21 TexReg 6223). A reorganization plan for the Commission's rules, which was developed by staff in response to concerns that the rules were becoming increasingly complex, disorganized and difficult to understand, was discussed by the Commission's Ad Hoc Rules Committee and considered during the drafting of a number of new rules over the last year. Included in the reorganization plan is a schedule developed by staff for renumbering certain sections as a way to more clearly label specific topics and to more fully utilize the chapter numbers available in the Texas Administrative Code for the commission's rules. As a result of the Committee's recommendations, the provisions of sec.211.80 were revised and renumbered as sec.217.1, which is also adopted in this issue of the Texas Register. Chapter 217 is entitled "Licensing Requirements." Only one provision of sec.211.80 was substantially altered during this process. The section relating to the length of time that must have elapsed since a potential licensee was convicted of a misdemeanor offense was raised from between six and twenty-four months to five years. Texas Civil Statutes, Article 4413(29ee), regarding a License to Carry a Concealed Handgun requires that, in order for a private citizen to obtain such a license, he or she must not have been convicted of a Class A or B misdemeanor within the prior five years. The Commission, based on the report of and testimony of staff and the Ad Hoc Rules Committee, reasoned that there should not be a less restrictive standard for a citizen seeking a peace officer's license than for a citizen seeking only a permit to carry a concealed handgun. The recommendation was based on concern for citizens' perceptions of peace officers; a possible conflict with criminal law enforcement and prosecution of persons charged with unlawfully carrying a weapon; and constitutional concerns involving equal protection under the law. No comments were received regarding the adoption of the repeal. The repeal is adopted under Texas Government Code, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415. 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 October 22, 1996. TRD-9615431 Edward T. Laine Chief, Professional Standards and Administrative Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: December 1, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 450-0188 37 TAC sec.211.97 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts the repeal of sec.211.97, concerning Minimum Standards for Entry Level Age, without changes to the proposed text as published in the July 5, 1996, edition of the Texas Register (21 TexReg 6223). A reorganization plan for the Commission's rules, which was developed by staff in response to concerns that the rules were becoming increasingly complex, disorganized and difficult to understand, was discussed by the Commission's Ad Hoc Rules Committee and considered during the drafting of a number of new rules over the last year. Included in the reorganization plan is a schedule developed by staff for renumbering certain sections as a way to more clearly label specific topics and to more fully utilize the chapter numbers available in the Texas Administrative Code for the commission's rules. As a result of the Committee's recommendations, the provisions of sec.211.97 were combined with the provisions of sec.211.80, concerning minimum standards for licensing, and renumbered as sec.217.1, which is also adopted in this issue of the Texas Register. Chapter 217 is entitled "Licensing Requirements." None of the provisions of this section were deleted or substantially altered. No comments were received regarding the adoption of the repeal. The repeal is adopted under Texas Government Code, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415. 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 October 22, 1996. TRD-9615432 Edward T. Laine Chief, Professional Standards and Administrative Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: December 1, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 450-0188 CHAPTER 217.Licensing Requirements Division 37 TAC sec.217.1 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts new sec.217.1, concerning Minimum Standards for Licensing, without changes to the proposed text as published in the July 5, 1996, edition of the Texas Register (21 TexReg 6227). A reorganization plan for the Commission's rules, which was developed by staff in response to concerns that the rules were becoming increasingly complex, disorganized and difficult to understand, was discussed by the Commission's Ad Hoc Rules Committee and considered during the drafting of a number of new rules over the last year. Included in the reorganization plan is a schedule developed by staff for renumbering certain sections as a way to more clearly label specific topics and to more fully utilize the chapter numbers available in the Texas Administrative Code for the commission's rules. As a result of the Committee's recommendations, the provisions of sec.211.80 and sec.211.97, which are adopted as repealed in this issue of the Texas Register, were combined and reorganized. Chapter 217 is entitled "Licensing Requirements." This section also includes an increase in the length of time that must have passed since conviction for any misdemeanor offense before an individual may be licensed from between six and twenty-four months to five years. Texas Civil Statutes, Article 4413(29ee), regarding a License to Carry a Concealed Handgun requires that, in order for a private citizen to obtain such a license, he or she must not have been convicted of a Class A or B misdemeanor within the prior five years. The Commission, based on the report of and testimony of staff and the Ad Hoc Rules Committee, reasoned that there should not be a less restrictive standard for a citizen seeking a peace officer's license than for a citizen seeking only a permit to carry a concealed handgun. The recommendation was based on concern for citizens' perceptions of peace officers; a possible conflict with criminal law enforcement and prosecution of persons charged with unlawfully carrying a weapon; and constitutional concerns involving equal protection under the law. No other sections of sec.211.80 or sec.211.97 were deleted or substantially altered. No comments were received regarding the adoption of the new section. The new section is adopted under Texas Government Code, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415; under sec.415.052, which authorizes the commission to grant licenses for law enforcement officers; under sec.415.058 and sec.415.0581, which prohibit persons who have been convicted of certain offenses from becoming licensed; and under sec.415.059, which establishes age requirements for licensing. 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 October 22, 1996. TRD-9615434 Edward T. Laine Chief, Professional Standards and Administrative Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: December 1, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 450-0188 37 TAC sec.217.15 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts new sec.217.15, concerning Instructor Licenses, without changes to the proposed text as published in the July 5, 1996, edition of the Texas Register (21 TexReg 6227). A reorganization plan for the Commission's rules, which was developed by staff in response to concerns that the rules were becoming increasingly complex, disorganized and difficult to understand, was discussed by the Commission's Ad Hoc Rules Committee and considered during the drafting of a number of new rules over the last year. Included in the reorganization plan is a schedule developed by staff for renumbering certain sections as a way to more clearly label specific topics and to more fully utilize the chapter numbers available in the Texas Administrative Code for the commission's rules. As a result of the Committee's recommendations, this section was developed to replace current sec.211.68, which is repealed in this issue of the Texas Register. Chapter 217 is entitled "Licensing Requirements." No provisions of sec.211.68 were deleted or substantially altered, and no new provisions were added. No comments were received regarding the adoption of the new section. The new section is adopted under Texas Government Code, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415. 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 October 22, 1996. TRD-9615435 Edward T. Laine Chief, Professional Standards and Administrative Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: December 1, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 450-0188 CHAPTER 219.Prelicensing and Reactivation Course, Tests, and Endorsement of Eligibility Division 37 TAC sec.sec.219.40, 219.50, 219.60 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts new sec.sec.219.40, 219.50, and 219.60, concerning State Examinations, without changes to the proposed text as published in the July 5, 1996, edition of the Texas Register (21 TexReg 6229). A reorganization plan for the Commission's rules, which was developed by staff in response to concerns that the rules were becoming increasingly complex, disorganized and difficult to understand, was discussed by the Commission's Ad Hoc Rules Committee and considered during the drafting of a number of new rules over the last year. Included in the reorganization plan is a schedule developed by staff for renumbering certain sections as a way to more clearly label specific topics and to more fully utilize the chapter numbers available in the Texas Administrative Code for the commission's rules. As a result of the Committee's recommendations, these three new sections will supersede the provisions of sec.211.74, which is repealed in this issue of the Texas Register. Chapter 219 is entitled "Prelicensing and Reactivation Courses, Tests and Endorsement of Eligibility." Two new provisions, included as subsections (b)(2) and (e)(1) of sec.219.40, were developed by the Committee in response to new legislation (House Bill 752, 74th Legislature), and were presented to and adopted by the Commission. The statute requires that "...a person who is disqualified by law to be an officer or county jailer may not take an examination under this section." The new provisions require that a person issuing an endorsement of eligibility to take a state examination to have on file documentation that the person taking the examination has never been convicted of a felony, is not on probation or court- ordered community supervision subsequent to being changed with a felony, and has never been convicted of barratry. If an endorsement of eligibility is issued by an academy coordinator, the coordinator may already have this information on file. If the endorsement is issued by commission staff, they may require the submission of this information prior to issuance of an endorsement. An endorsement may only be issued by the academy coordinator or by commission staff. By placing this responsibility on the issuer of the endorsement, the Committee intended to insure that each person that takes an examination is qualified to become licensed by the commission, per the statutory requirement. No provisions of sec.211.74 were deleted or substantially altered. No comments were received regarding the adoption of the new sections. The new section is adopted under Texas Government Code, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415; and under sec.415.056, which establishes requirements regarding examinations administered by the commission. 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 October 22, 1996. TRD-9615436 Edward T. Laine Chief, Professional Standards and Administrative Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: December 1, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 450-0188