TITLE health-services

Part I. Texas Department of Health

Chapter 5. Grants and Contracts

Subchapter B. Poison Control Centers

25 TAC §5.51

The Texas Department of Health (department) proposes an amendment to §5.51, concerning the Poison Control Coordinating Committee (committee). The committee provides advice to the Texas Board of Health (board) and the Advisory Commission on State Emergency Communications (commission) in the area of poison control and the operation of the Texas Poison Control Network. The committee is governed by the Health and Safety Code, §777.008.

In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the Government Code, Chapter 2110) which requires that each state agency adopt rules on advisory committees. The rules must state the purpose and tasks of the committee, describe the manner in which the committee will report to the agency, and establish a date on which the committee will be automatically abolished unless the governing body of the agency affirmatively votes to continue the committee's existence.

In 1995, the board established a rule relating to the Poison Control Coordinating Committee. The rule states that the committee will automatically be abolished on November 1, 1999. The board has now reviewed and evaluated the committee and has determined that the committee should continue in existence until November 1, 2003.

This section amends provisions relating to the operation of the committee. Specifically, language is revised to reference the Health and Safety Code and the Government Code; to continue the committee until November 1, 2003; to clarify that members holdover until their replacement is appointed; to state that the presiding and assistant presiding officers shall be jointly appointed by the chairmans of the board and the commission for a term of two years; to allow a temporary vacancy in the office of assistant presiding officer to be filled by vote of the committee until appointment by the chairmans of the commission and board occurs; to clarify that the committee is prohibited from holding an executive session (closed meeting) for any reason; to clarify that the committee and its members may not participate in legislative activity in the name of the board, the department, the commission or the committee except with certain approval; to require the committee's annual report in November; to reference reimbursement for a committee member's expenses if authorized by the General Appropriations Act or budget execution process; and to address meetings, attendance, staff, procedures of the meetings, subcommittees, statement by members, and reporting procedures. Other minor language changes were made for clarification. These changes will clarify procedures for the committee and emphasize the advisory nature of the committee.

Dennis M. Perrotta, Chief, Bureau of Epidemiology, has determined that for each year of the first five years the proposed section is in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering this section.

Mr. Perrotta also has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be better information and advice provided to the board, the commission, and the department on the issues addressed by the committee and clarification of the role and procedures of the committee. There will be no effect on small businesses. There are no economic costs to persons who are required to comply with the section as proposed. There will be no effect on local employment.

Comments may be submitted to Dennis M. Perrotta, Bureau of Epidemiology, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7268. Comments on the proposed section will be accepted for 30 days following publication in the Texas Register .

The amendment is proposed under the Health and Safety Code, §777.008, which governs the committee; the Health and Safety Code, §11.016, which allows the board to establish advisory committees; the Government Code, Chapter 2110, which sets standards for the evaluation of advisory committees by the agencies for which they function; and the Health and Safety Code, §12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and commissioner of health.

The amendment affects the Health and Safety Code, Chapters 11 and 777, and the Government Code, Chapter 2110.

§5.51.General Program Information.

(a)

(No change.)

(b)

The committee. An advisory committee shall be appointed under and governed by this section.

(1)

(No change.)

(2)

The committee is established under the Health and Safety Code, §777.008, which requires the committee to be established and §11.016, which allows the Texas Board of Health (board) to establish advisory committees.

(c)

Applicable law. The committee is subject to the Government Code, Chapter 2110 [ Texas Civil Statutes, Article 6252-33 ], concerning state agency advisory committees.

(d)

Purpose. The purpose of the committee is to provide advice to the board and the commission in the area of poison control and the operation of the Texas Poison Control Network in accordance with the poison control provisions of the Health and Safety Code, Chapters 771 and 777. The advice and recommendations of the committee regarding such matters shall be provided to the department and commission in writing, in the following fashion.

(1)

In accordance with departmental organization, advice and recommendations to the department shall be referred to the board through the Health and Clinical Services Committee, or any similar committee officially established for such purposes by the board [ Texas Board of Health ].

(2)

In accordance with commission organization, advice and recommendations to the commission shall be referred to the commission through the commission's poison control committee, or any similar committee officially established for such purposes by the commission.

(e)-(f)

(No change.)

(g)

Review and duration. By November 1, 2003 [ 1999 ], the board and commission will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

(h)

(No change.)

(i)

Terms of office. The term of office of each member shall be six years. Members shall serve after expiration of their term until a replacement is appointed.

(1)-(2)

(No change.)

(j)

Officers. The chairmans of the board and the commission [ committee ] shall appoint [ elect ] a presiding officer and an assistant presiding officer to begin serving on November 1 of each odd-numbered year [ at its first meeting after August 31st of each year ].

(1)

Each officer shall serve until the next regular appointment [ election ] of officers.

(2)

(No change.)

(3)

The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is appointed [ elected ] to complete the unexpired portion of the term of the office of presiding officer.

(4)

If the office of assistant presiding officer becomes vacant, it [ A vacancy which occurs in the offices of presiding officer or assistant presiding officer ] may be filled temporarily by vote of the committee until a successor is appointed by the chairmans of the board and the commission [ at the next committee meeting ].

(5)-(6)

(No change.)

(7)

The presiding officer and assistant presiding officer serving on October 1, 1999, will continue to serve until the chairmans of the board and the commission appoint their successors.

(k)

Meetings. The committee shall meet only as necessary to conduct committee business.

(1)

A meeting may be called by agreement of commission staff and either the presiding officer or at least three members of the committee.

(2)

Meeting arrangements shall be made by commission staff. Commission staff shall contact committee members to determine availability for a meeting date and place.

(3)

The committee is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551, with the exception that the provisions allowing executive sessions shall not apply.

(4)

Each member of the committee shall be informed of a committee meeting at least five working days before the meeting.

(5)

A simple majority of the members of the committee shall constitute a quorum for the purpose of transacting official business.

(6)

The committee is authorized to transact official business only when in a legally constituted meeting with quorum present.

(7)

The agenda for each committee meeting shall include an item entitled public comment under which any person will be allowed to address the committee on matters relating to committee business. The presiding officer may establish procedures for public comment, including a time limit on each comment.

(l)

Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned.

(1)

A member shall notify the presiding officer or appropriate commission staff if he or she is unable to attend a scheduled meeting.

(2)

It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the committee and subcommittee meetings during a calendar year, or is absent from at least three consecutive committee meetings.

(3)

The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a member exists.

(m)

Staff. Staff support for the committee shall be provided by the commission.

(n)

Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.

(1)

Any action taken by the committee must be approved by a majority vote of the members present once quorum is established.

(2)

Each member shall have one vote.

(3)

A member may not authorize another individual to represent the member by proxy.

(4)

The committee shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.

(5)

Minutes of each committee meeting shall be taken by commission staff.

(A)

A summary of the meeting shall be provided to the board , the commission, and each member of the committee within 30 days of each meeting.

(B)

After approval by the committee, the minutes shall be signed by the presiding officer.

(o)

Subcommittees. The committee may establish subcommittees as necessary to assist the committee in carrying out its duties.

(1)

The presiding officer shall appoint members of the committee to serve on subcommittees and to act as subcommittee chairpersons. The presiding officer may also appoint nonmembers of the committee to serve on subcommittees.

(2)

Subcommittees shall meet when called by the subcommittee chairperson or when so directed by the committee.

(3)

A subcommittee chairperson shall make regular reports to the committee at each committee meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting.

(p)

Statement by members.

(1)

The board, the department, the commission, and the committee shall not be bound in any way by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, commission or committee.

(2)

The committee and its members may not participate in legislative activity in the name of the board, the department, the commission or the committee except with approval through the department's or commission's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.

(q)

Reports to board. The committee shall file an annual written report with the board and the commission.

(1)

The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board and the commission, the status of any rules which were recommended by the committee to the board or the commission, and anticipated activities of the committee for the next year.

(2)

The report shall identify the costs related to the committee's existence, including the cost of department staff time spent in support of the committee's activities.

(3)

The report shall cover the meetings and activities in the immediate preceding 12 months and shall be filed with the board and the commission each November. It shall be signed by the presiding officer and appropriate commission staff.

(r) [ (k) ]

Reimbursement for expenses. In accordance with the requirements set forth in the Government Code, Chapter 2110 [ Texas Civil Statutes, Article 6252-33 ], a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or budget execution process .

(1)

No compensatory per diem shall be paid to committee members unless required by law.

(2)

A committee member who is an employee of a state agency, other than the department or the commission , may not receive reimbursement for expenses from the department or the commission .

(3)

A nonmember of the committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department or the commission .

(4)

Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting.

(5)

Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by commission [ department ] staff.

(s) [ (l) ]

Definitions of terms and abbreviations. The following words, terms, and abbreviations, when used in this chapter have the following meanings, unless the context clearly indicates otherwise.

(1)

AAPCC--American Association of Poison Control Centers.

(2)

PCAP--Poison Control Answering Point; also referred to as Designated Regional Poison Control Center for the State of Texas.

(3)

PSAP--Public Safety Answering Point.

(4)

State fiscal year--A period of time which begins September 1 of a given year and ends August 31 of the following year.

(5)

UGCMS--Uniform Grant and Contract Management Standards, consisting of a set of rules set forth in 1 Texas Administrative Code, Chapter 5, Subchapter A, promulgated pursuant to the Uniform Grant and Contract Management Act, Government Code, Chapter 783 [ §783 ].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 25, 1999.

TRD-9903791

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: August 8, 1999

For further information, please call: (512) 458-7236


Chapter 123. Respiratory Care Practitioner Certification

25 TAC §123.3

The Texas Department of Health (department) proposes an amendment to §123.3, concerning the Respiratory Care Practitioners Advisory Committee (committee). The committee provides advice to the Texas Board of Health (board) on rules relating to the certification of respiratory care practitioners.

In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the Government Code, Chapter 2110) which requires that each state agency adopt rules on advisory committees. The rules must state the purpose and tasks of the committee, describe the manner in which the committee will report to the agency, and establish a date on which the committee will be automatically abolished unless the governing body of the agency affirmatively votes to continue the committee's existence.

In 1995, the board established a rule relating to the Respiratory Care Practitioners Advisory Committee. The rule states that the committee will automatically be abolished on November 1, 1999. The board has now reviewed and evaluated the committee and has determined that the committee should continue in existence until November 1, 2003.

This section amends provisions relating to the operation of the committee. Specifically, language is revised to reference the Government Code; to continue the committee until November 1, 2003; to change the composition of the committee; to clarify that members holdover until their replacement is appointed; to state that the presiding and assistant presiding officers shall be appointed by the chairman of the board for a term of two years; to allow a temporary vacancy in the office of assistant presiding officer to be filled by vote of the committee until appointment by the chairman of the board occurs; to clarify that the committee is prohibited from holding an executive session (closed meeting) for any reason; to clarify that the committee and its members may not participate in legislative activity in the name of the board, the department, or the committee except with certain approval; to require the committee's annual report in November rather than January; and to reference reimbursement for a committee member's expenses if authorized by the General Appropriations Act or budget execution process. Other minor language changes were made for clarification. These changes will clarify procedures for the committee and emphasize the advisory nature of the committee.

Amelia Middleton, Accountant, Associateship for Health Care Quality and Standards, has determined that for each year of the first five years the proposed section is in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering this section.

Ms. Middleton also has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be better information and advice provided to the board and the department on the issues addressed by the advisory committee and clarification of the role and procedures of the committee. There will be no effect on small businesses. There are no economic costs to persons who are required to comply with the section as proposed. There will be no effect on local employment.

Comments may be submitted to Donna S. Flippin, Professional Licensing and Certification Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 834-6632. Comments on the proposed section will be accepted for 30 days following publication in the Texas Register .

The amendment is proposed under the Health and Safety Code, §11.016, which allows the board to establish advisory committees; the Government Code, Chapter 2110, which sets standards for the evaluation of advisory committees by the agencies for which they function; and the Health and Safety Code, §12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and commissioner of health.

The amendment affects the Health and Safety Code, Chapter 11, and the Government Code, Chapter 2110.

§123.3.Respiratory Care Practitioners Advisory Committee.

(a)

(No change.)

(b)

Applicable law. The committee is subject to the Government Code, Chapter 2110 [ Texas Civil Statutes, Article 6252-33 ], concerning state agency advisory committees.

(c)-(d)

(No change.)

(e)

Review and duration. By November 1, 2003 [ 1999 ], the board will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

(f)

Composition. The committee shall be composed of nine members appointed by the board. The composition of the committee shall include:

(1)

(No change.)

(2)

three physicians with an interest in the practice of respiratory care; and [ one physician who is a qualified chest physician; ]

[ (3)

one physician who is a qualified anesthesiologist; ]

[ (4)

one physician who is a qualified expert in thoracic medicine; and ]

(3)

[ (5) ] three certified respiratory care practitioners.

(g)

Terms of office. The term of office of each member shall be six years. Members shall serve after expiration of their term until a replacement is appointed.

(1)-(2)

(No change.)

(h)

Officers. The chairman of the board [ committee ] shall appoint [ elect ] a presiding officer and an assistant presiding officer to begin serving on November 1 of each odd-numbered year [ at its first meeting after August 31st of each year ].

(1)

Each officer shall serve until the next regular appointment [ election ] of officers.

(2)

(No change.)

(3)

The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is appointed [ elected ] to complete the unexpired portion of the term of the office of presiding officer.

(4)

If the office of assistant presiding officer becomes vacant, it [ A vacancy which occurs in the offices of presiding officer or assistant presiding officer ] may be filled temporarily by vote of the committee until a successor is appointed by the chairman of the board [ at the next committee meeting ].

(5)-(6)

(No change.)

(7)

The presiding officer and assistant presiding officer serving on October 1, 1999, will continue to serve until the chairman of the board appoints their successors.

(i)

Meetings. The committee shall meet only as necessary to conduct committee business.

(1)-(2)

(No change.)

(3)

The committee is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each [ Each ] meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551 , with the exception that the provisions allowing executive sessions shall not apply .

(4)-(7)

(No change.)

(j)

Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned.

(1)-(3)

(No change.)

[ (4)

The attendance records of the members shall be reported to the board. The report shall include attendance at committee and subcommittee meetings. ]

(k)

(No change.)

(l)

Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.

(1)-(4)

(No change.)

(5)

Minutes of each committee meeting shall be taken by department staff.

(A)

A summary of the meeting [ draft of the minutes approved by the presiding officer ] shall be provided to the board and each member of the committee within 30 days of each meeting.

(B)

(No change.)

(m)

Subcommittees. The committee may establish subcommittees as necessary to assist the committee in carrying out its duties.

(1)-(2)

(No change.)

(3)

A subcommittee chairperson shall make regular reports to the [ advisory ] committee at each committee meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting.

(n)

Statement by members.

(1)

The board, the department, and the committee shall not be bound in any way by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, or committee.

(2)

The committee and its members may not participate in legislative activity in the name of the board, the department or the committee except with approval through the department's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.

(o)

Reports to board. The committee shall file an annual written report with the board.

(1)

The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board, the status of any rules which were recommended by the committee to the board, and anticipated activities of the committee for the next year [ , and any amendments to this section requested by the committee ].

(2)

The report shall identify the costs related to the committee's existence, including the cost of department [ agency ] staff time spent in support of the committee's activities.

(3)

The report shall cover the meetings and activities in the immediate preceding 12 months and shall be filed with the board each November [ January ]. It shall be signed by the presiding officer and appropriate department staff.

(p)

Reimbursement for expenses. In accordance with the requirements set forth in the Government Code, Chapter 2110 [ Texas Civil Statutes, Article 6252-33 ], a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or budget execution process .

(1)-(5)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 25, 1999.

TRD-9903793

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: August 8, 1999

For further information, please call: (512) 458-7236


Chapter 129. Opticians' Registry

25 TAC §129.3

The Texas Department of Health (department) proposes an amendment to §129.3, concerning the Opticians' Registry Advisory Committee (committee). The committee provides advice to the Texas Board of Health (board) concerning rules relating to opticians.

In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the Government Code, Chapter 2110) which requires that each state agency adopt rules on advisory committees. The rules must state the purpose and tasks of the committee, describe the manner in which the committee will report to the agency, and establish a date on which the committee will be automatically abolished unless the governing body of the agency affirmatively votes to continue the committee's existence.

In 1995, the board established a rule relating to the Opticians' Registry Advisory Committee. The rule states that the committee will automatically be abolished on November 1, 1999. The board has now reviewed and evaluated the committee and has determined that the committee should continue in existence until November 1, 2003.

This section amends provisions relating to the operation of the committee. Specifically, language is revised to reference the Health and Safety Code, §11.016 and the Government Code; to continue the committee until November 1, 2003; to change the composition of the committee; to clarify that members holdover until their replacement is appointed; to state that the presiding and assistant presiding officers shall be appointed by the chairman of the board for a term of two years; to allow a temporary vacancy in the office of assistant presiding officer to be filled by vote of the committee until appointment by the chairman of the board occurs; to clarify that the committee is prohibited from holding an executive session (closed meeting) for any reason; to require a summary of each meeting to be provided to the board; to clarify that the committee and its members may not participate in legislative activity in the name of the board, the department, or the committee except with certain approval; to require the committee's annual report in November rather than September; and to reference reimbursement for a committee member's expenses if authorized by the General Appropriations Act or budget execution process. Other minor language changes were made for clarification. These changes will clarify procedures for the committee and emphasize the advisory nature of the committee.

Amelia Middleton, Accountant, Associateship for Health Care Quality and Standards, has determined that for each year of the first five years the proposed section is in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering this section.

Ms. Middleton also has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be better information and advice provided to the board and the department on the issues addressed by the advisory committee and clarification of the role and procedures of the committee. There will be no effect on small businesses. There are no economic costs to persons who are required to comply with the section as proposed. There will be no effect on local employment.

Comments may be submitted to Stephen Mills, Professional Licensing and Certification Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 834- 6661. Comments on the proposed section will be accepted for 30 days following publication in the Texas Register .

The amendment is proposed under the Health and Safety Code, §11.016, which allows the board to establish advisory committees; the Government Code, Chapter 2110, which sets standards for the evaluation of advisory committees by the agencies for which they function; and the Health and Safety Code, §12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and commissioner of health.

The amendment affects the Health and Safety Code, Chapter 11, and the Government Code, Chapter 2110.

§129.3.Opticians' Registry Advisory Committee.

(a)

The committee. The Opticians' Registry Advisory Committee shall be appointed under and governed by this section. The committee is established under the Health and Safety Code, §11.016, which allows the Texas Board of Health (board) to establish Advisory Committees.

(b)

Applicable law. The committee is subject to the Government Code, Chapter 2110 [ Texas Civil Statutes, Article 6252-33 ], concerning state agency advisory committees.

(c)-(d)

(No change.)

(e)

Review and duration. By November 1, 2003 [ 1999 ], the board will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

(f)

Composition. The committee shall be composed of eleven [ nine ] members appointed by the board. The composition of the committee shall include four [ two ] consumer representatives, three opticians, two optometrists, and two physicians (ophthalmology).

(g)

Terms of office. The term of office of each member shall be six years. Members shall serve after expiration of their term until a replacement is appointed.

(1)-(2)

(No change.)

(h)

Officers. The chairman of the board [ committee ] shall appoint [ elect ] a presiding officer and an assistant presiding officer to begin serving on November 1 of each odd-numbered year [ at its first meeting after August 31st of each year ].

(1)

Each officer shall serve until the next regular appointment [ election ] of officers.

(2)

(No change.)

(3)

The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is appointed [ elected ] to complete the unexpired portion if the term of the office of presiding officer.

(4)

If the office of assistant presiding officer becomes vacant, it [ A vacancy which occurs in the offices of presiding officer or assistant presiding officer ] may be filled temporarily by vote of the committee until a successor is appointed by the chairman of the board [ at the next committee meeting ].

(5)-(6)

(No change.)

(7)

The presiding officer and assistant presiding officer serving on October 1, 1999, will continue to serve until the chairman of the board appoints their successors.

(i)

Meetings. The committee shall meet only as necessary to conduct committee business.

(1)-(2)

(No change.)

(3)

The committee is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each [ Each ] meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551 , with the exception that the provisions allowing executive sessions shall not apply .

(4)-(7)

(No change.)

(j)

Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned.

(1)-(3)

(No change.)

[ (4)

The attendance records of the members shall be reported to the board. The report shall include attendance at committee and subcommittee meetings. ]

(k)

(No change.)

(l)

Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.

(1)-(4)

(No change.)

(5)

Minutes of each committee meeting shall be taken by department staff.

(A)

A summary of the meeting shall be provided to the board and each member of the committee within 30 days of each meeting. After approval by the committee, the minutes shall be signed by the presiding officer.

(B)

(No change.)

(m)

(No change.)

(n)

Statement by members.

(1)

The board, the department, and the committee shall not be bound in any way by statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, or committee.

(2)

The committee and its members may not participate in legislative activity in the name of the board, the department or the committee except with approval through the department's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.

(o)

Reports to board. The committee shall file an annual written report with the board.

(1)

The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board, the status of any rules which were recommended by the committee to the board, and anticipated activities of the committee for the next year [ , and any amendments to this section requested by the committee ].

(2)

The report shall identify the costs related to the committee's existence, including the cost of department [ agency ] staff time spent in support of the committee's activities.

(3)

The report shall cover the meetings and activities in the immediate preceding 12 months and shall be filed with the board each November [ September ]. It shall be signed by the presiding officer and appropriate department staff.

(p)

Reimbursement for expenses. In accordance with the requirements set forth in the Government Code, Chapter 2110, a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or budget execution process.

(1)

No compensatory per diem shall be paid to committee members unless required by law.

(2)

A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department.

(3)

A nonmember of the committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department.

(4)

Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting.

(5)

Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 25, 1999.

TRD-9903800

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: August 8, 1999

For further information, please call: (512) 458-7236


Chapter 143. Medical Radiologic Technologists

25 TAC §143.3

The Texas Department of Health (department) proposes an amendment to §143.3 concerning the Medical Radiologic Technologist Advisory Committee (committee). The committee provides advice to the Texas Board of Health (board) concerning the regulation of persons performing radiologic procedures.

In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the Government Code, Chapter 2110) which requires that each state agency adopt rules on advisory committees. The rules must state the purpose and tasks of the committee, describe the manner in which the committee will report to the agency, and establish a date on which the committee will be automatically abolished unless the governing body of the agency affirmatively votes to continue the committee's existence.

In 1995, the board established a rule relating to the Medical Radiologic Technologist Advisory Committee. The rule states that the committee will automatically be abolished on November 1, 1999. The board has now reviewed and evaluated the committee and has determined that the committee should continue in existence until November 1, 2003.

This section amends provisions relating to the operation of the committee. Specifically, language is revised to reference the Government Code; to continue the committee until November 1, 2003; to revise the composition of the committee; to clarify that members holdover until their replacement is appointed; to state that the presiding and assistant presiding officers shall be appointed by the chairman of the board for a term of two years; to allow a temporary vacancy in the office of assistant presiding officer to be filled by vote of the committee until appointment by the chairman of the board occurs; to clarify that the committee is prohibited from holding an executive session (closed meeting) for any reason; to clarify that the committee and its members may not participate in legislative activity in the name of the board, the department, or the committee except with certain approval; to require the committee's annual report in November rather than January; and to reference reimbursement for a committee member's expenses if authorized by the General Appropriations Act or budget execution process. Other minor language changes were made for clarification. These changes will clarify procedures for the committee and emphasize the advisory nature of the committee.

Amelia Middleton, Accountant, Associateship for Health Care Quality and Standards, has determined that for each year of the first five years the proposed section is in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering this section.

Ms. Middleton also has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be better information and advice provided to the board and the department on the issues addressed by the advisory committee and clarification of the role and procedures of the committee. There will be no effect on small businesses. There are no economic costs to persons who are required to comply with the section as proposed. There will be no effect on local employment.

Comments may be submitted to Jeanette A. Hilsabeck, Professional Licensing and Certification Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, (512) 834-6617. Comments on the proposed section will be accepted for 30 days following publication in the Texas Register .

The amendment is proposed under the Health and Safety Code, §11.016, which allows the board to establish advisory committees; the Government Code, Chapter 2110, which sets standards for the evaluation of advisory committees by the agencies for which they function; and the Health and Safety Code, §12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and commissioner of health.

The amendment affects the Health and Safety Code, Chapter 11, and the Government Code, Chapter 2110.

§143.3.Medical Radiologic Technologist Advisory Committee.

(a)

(No change.)

(b)

Applicable law. The committee is subject to the Government Code, Chapter 2110 [ Texas Civil Statutes, Article 6252-33 ], concerning state agency advisory committees.

(c)-(d)

(No change.)

(e)

Review and duration. By November 1, 2003 [ 1999 ], the board will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee or abolished. If the committee is not continued or consolidated, the committee will be abolished on that date.

(f)

Composition. The committee shall be composed of eleven [ nine ] members appointed by the board. The composition of the committee shall include:

(1)

four [ two ] consumers;

(2)

one licensed physician who is a radiologist;

(3)

one licensed medical physicist or a hospital administrator;

(4)

one certified medical radiologic technologist whose primary practice is in diagnostic radiography [ three certified medical radiologic technologists ];

(5)

one certified medical radiologic technologist whose primary practice is in nuclear medicine technology;

(6)

one certified medical radiologic technologist whose primary practice is in radiation therapy;

(7)

[ (5) ] one licensed physician who has experience in radiologic procedures and who practices in a rural community or at a site serving a medically underserved population in Texas as defined in the Medical Practice Act, Texas Civil Statutes, Article 4495b, §3.06(d)(5)(E)(iv); and

(8)

[ (6) ] one registered nurse or certified physician assistant who has experience in radiologic procedures and who practices in a rural community or at a site serving a medically underserved population in Texas as defined in the Medical Practice Act, Texas Civil Statutes, Article 4495b, §3.06(d)(5)(E)(iv).

(g)

Terms of office. The term of office of each member shall be six years. Members shall serve after expiration of their term until a replacement is appointed.

(1)-(2)

(No change.)

(h)

Officers. The chairman of the board [ committee ] shall appoint [ elect ] a presiding officer and an assistant presiding officer to begin serving on November 1 of each odd-numbered year [ at its first meeting after August 31st of each year ].

(1)

Each officer shall serve until the next regular appointment [ election ] of officers.

(2)

(No change.)

(3)

The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is appointed [ elected ] to complete the unexpired portion of the term of the office of presiding officer.

(4)

If the office of assistant presiding officer becomes vacant, it [ A vacancy which occurs in the offices of presiding officer or assistant presiding officer ] may be filled temporarily by vote of the committee until a successor is appointed by the chairman of the board [ at the next committee meeting ].

(5)-(6)

(No change.)

(7)

The presiding officer and assistant presiding officer serving on October 1, 1999, will continue to serve until the chairman of the board appoints their successors.

(i)

Meetings. The committee shall meet only as necessary to conduct committee business.

(1)-(2)

(No change.)

(3)

The committee is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each [ Each ] meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551 , with the exception that the provisions allowing executive sessions shall not apply .

(4)-(7)

(No change.)

(j)

Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned.

(1)-(3)

(No change.)

[(4)

The attendance records of the members shall be reported to the board. The report shall include attendance at committee and subcommittee meetings.]

(k)

(No change.)

(l)

Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.

(1)-(4)

(No change.)

(5)

Minutes of each committee meeting shall be taken by department staff.

(A)

A summary of the meeting [ draft of the minutes approved by the presiding officer ] shall be provided to the board and each member of the committee within 30 days of each meeting.

(B)

(No change.)

(m)

(No change.)

(n)

Statement by members.

(1)

The board, the department, and the committee shall not be bound in any way by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, or committee.

(2)

The committee and its members may not participate in legislative activity in the name of the board, the department or the committee except with approval through the department's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.

(o)

Reports to board. The committee shall file an annual written report with the board.

(1)

The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board, the status of any rules which were recommended by the committee to the board, and anticipated activities of the committee for the next year [ , and any amendments to this section requested by the committee ].

(2)

The report shall identify the costs related to the committee's existence, including the cost of department [ agency ] staff time spent in support of the committee's activities.

(3)

The report shall cover the meetings and activities in the immediate preceding 12 months and shall be filed with the board each November [ January ]. It shall be signed by the presiding officer and appropriate department staff.

(p)

Reimbursement for expenses. In accordance with the requirements set forth in the Government Code, Chapter 2110, a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or budget execution process.

(1)

No compensatory per diem shall be paid to committee members unless required by law.

(2)

A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department.

(3)

A nonmember of the committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department.

(4)

Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting.

(5)

Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 25, 1999.

TRD-9903796

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: August 8, 1999

For further information, please call: (512) 458-7236