Part I.
Texas Department of Health
Chapter 1.
Texas Board of Health
Subchapter G. Clinical Health Services
25 TAC §1.91
The Texas Department of Health (department) proposes an amendment
to §1.91, concerning fees for clinical health services.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.91 has been reviewed,
and the department has determined that the reasons for adopting the section
continue to exist.
The Health and Safety Code, §12.032, states that the board may charge
fees to a person receiving public health services from the department or any
of its programs' contractors. While state law does not require the department
to adopt rules, it is appropriate to have rules to clarify the requirements
of the department for consumers and contractors and to provide consistency
throughout department programs. Other minor changes were made for the purpose
of updating language and for further clarification of the section.
The department published a Notice of Intention to Review the section as
required by Rider 167 in the
Texas Register
on September 4, 1998, (23 TexReg 9076). No comments were received by the department
on this section.
Jack Baum, D.D.S., Acting Associate Commissioner for Community Health and
Resources Development, has determined that for each year of the first five
years the section is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the section
as proposed.
Dr. Baum has determined that for each year of the first five years the
section is in effect, the public benefits anticipated as a result of enforcing
or administering the section will be clarification of and consistency in the
process of collecting fees for clinical health services. There will be no
effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the amendment as proposed. There is no impact
on local employment.
Comments on the proposal may be submitted to Zanette Hammonds, Texas Department
of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, extension
6445. Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendment is proposed under the Health and Safety Code, §12.032,
which provides the board with the authority to adopt rules for collecting
fees for clinical health services; and the Health and Safety Code, §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for its procedure and for the performance of each duty imposed by law
on the board, the department, and the commissioner of health.
The amendment affects the Health and Safety Code, §12.032; the Health
and Safety Code, §12.001; and the General Appropriations Act, House Bill
1, Article IX, Rider 167, passed by the 75th Legislature.
§1.91.Fees for Clinical Health Services.
(a)
(No change.)
(b)
Schedule of fees.
(1)
The department shall base the calculation of fees upon
the federal poverty [
(2)
The following schedule of fees lists the fees covering
clinical health services provided at public health clinics. Local health department
contractors may use the following schedule or their own schedule. Public health
regions
shall
[
Figure: 25 TAC, §1.91(b)(2)
(3)
(No change.)
(4)
The clinic
shall
[
(5)
Patients or clients whose incomes are above the 200%+
poverty level
shall
[
(6)-(10)
(No change.)
(c)
Modification, suspension, or termination of services.
(1)
The department may modify, suspend, or terminate services
to a person[
(2)
The department
shall
[
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
April 20, 1999.
TRD-9902317
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
25 TAC §§38.2, 38.3, 38.6, 38.13
The Texas Department of Health (department) proposes amendments
to §§38.2, 38.3, 38.6, and 38.13 concerning the administration of
the Chronically Ill and Disabled Children's Services (CIDC) Program. Specifically,
the sections cover Definitions, Eligibility for Client Services, Providers,
and Payment of Services.
The amendment to §38.2 defines retroactive eligibility as 15 days
preceding the date of receipt of a complete application, further defines newborns,
and adds definitions of eligibility dates for clients who are comatose, clients
who are born prematurely, clients who must meet spenddown eligibility requirements,
and clients who must provide additional documentation to make their applications
complete. A definition of "spenddown" has been added, and all the definitions
have been numbered in
Texas Register
format,
as required by 1 Texas Administrative Code (TAC) §91.1.
The amendment to §38.3(3)(A) clarifies the 12-month eligibility period
for clients who meet spenddown eligibility requirements and deletes criteria
for provisional eligibility. Section 38.3(3)(A)(vi) is renumbered to §38.3(3)(A)(v)
and language is added to clarify program policy and to specify the 60-day
time limit allowed for clients to submit an eligibility determination made
by Medicaid or by the Supplemental Security Income Program (SSI). The amendment
to §38.3(7)(B)(ii) provides that an application for CIDC eligibility
which lacks any data or documents required to process the application, specifically
including a determination of Medicaid eligibility, shall be considered incomplete.
The amendment to §38.6(a) adds "dietitians" to this subsection, and
in §38.6(a)(5), corrects grammar concerning overpayments made on behalf
of clients to CIDC Program providers. The amendment to §38.6(b)(2) authorizes
denial or suspension of approved provider status based on disciplinary action
taken by the licensing board of any provider or by the Texas Medicaid Program.
The amendment to §38.6(d)(4) corrects grammar in the sentence concerning
podiatrists accepting responsibility for actions of staff members. The amendment
to §38.6(e) adds provisions under which licensed dietitians may be approved
providers in the CIDC Program, as authorized by Senate Bill 1313, 75th Legislature,
1997. Dietitians were added as providers in policy effective September 1,
1997. This amendment names them as providers in rule.
The amendment to §38.13(3)(A)(iv) designates the current edition of
the Drug Topics Red Book as the source of price reimbursement information
for nutritional supplements rather than the 1996 edition of the Drug Topics
Red Book. This change reflects program and provider practice. The amendment
to §38.13(3)(B)(v) corrects the methodology used to determine reimbursement
for ambulatory surgical centers. The current rule is inaccurate and does not
reflect program practice.
Lesa Ross-Brown, Director, Division of Financial Management, Associateship
for Community Health and Resources Development, has determined that for the
five-year period the sections are in effect, there will be no fiscal implications
to state and local government as a result of administering the sections as
proposed.
Susan Penfield, M.D., Director, Children with Special Health Care Needs
Planning and Policy Development Division, Children's Health Bureau, Associateship
for Community Health and Resources Development, has determined that for each
of the first five years the sections are in effect, the public benefit anticipated
as a result of enforcing the sections will be improved service and more accurate
statement of program rules for CIDC clients and program providers. There is
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the sections as proposed. There is
no anticipated impact on local employment.
Comments on the proposals may be submitted in writing to Susan Penfield,
M.D., Children's Health Bureau, Texas Department of Health, 1100 West 49th
Street, Austin, Texas, 78756, by fax at (512) 458-7238, or by telephone at
(800) 252-8023 or (512) 458-7111, extension 3104. Comments will be accepted
for 60 days following publication of this proposal in the
Texas Register
. Also, a public hearing will be held to receive public
comments at 1:00 p.m., on Wednesday, May 19, 1999, at the Texas Department
of Health, Moreton Building, Room M- 652, 1100 West 49th Street, Austin, Texas
78756.
The amendments are proposed under Health and Safety Code, §§35.004-35.005,
which authorizes the Texas Board of Health (board) to adopt rules necessary
to administer the CIDC Program; and Health and Safety Code, §12.001,
which provides the board with authority to adopt rules to implement every
duty imposed by law on the board, the department, and the commissioner of
health.
The amendments will affect the Health and Safety Code, Chapter 35.
§38.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--The Chronically Ill and Disabled Children's
Services Act, Health and Safety Code, Chapter 35.
(2)
Advisory committee--Those individuals
appointed by the Texas Board of Health to serve in an advisory capacity to
the Chronically Ill and Disabled Children's Services (CIDC) Program staff.
(3)
Applicant--An individual making application
for CIDC Program services, but not currently determined eligible.
(4)
Board--Texas Board of Health.
(5)
Bona fide--In or with good faith; honestly,
openly, and sincerely; without deceit or fraud.
(6)
Case management--The assessment of a client's
overall service needs and the development and implementation of a course of
action or plan for meeting those needs, which is family centered, community-based,
culturally sensitive, comprehensive, and is intended to assist those clients
who need a variety of services.
(7)
Chronically ill and disabled child--An
individual whose physical function, condition, movement, or sense of hearing
is impaired to the extent that the individual is or may be expected to be
partially or totally incapacitated for educational purposes or for acquiring
remunerative occupation and who is under 21 years of age and has one or more
of the following conditions, in accordance with §38.3(1)(B) of this title
(relating to Eligibility for Client Services):
(A)
a joint, bone, ossicular chain, muscle, or neurological
defect or deformity, including craniofacial anomaly, neurofibromatosis, and
spina bifida;
(B)
cancer as defined by the Health and Safety Code, §35.002;
(C)
a disease or condition referenced in this chapter;
(D)
AIDS or HIV infection; or
(E)
cystic fibrosis, regardless of the individual's age.
(8)
CIDC Program--The Chronically Ill
and Disabled Children's Services Program, as described in §38.1 of this
title (relating to Purpose).
(9)
Claim form--The CIDC Program approved
document for submitting the unpaid claim for processing and payment.
(10)
Client--An individual who meets all CIDC
Program requirements for eligibility for specified services to be provided.
(11)
Commissioner--The commissioner of health.
(12)
Date of service--The actual date the
service was initiated or provided.
(13)
Dentist--An individual licensed by the
State Board of Dental Examiners to practice dentistry in the state.
(14)
Department--The Texas Department of Health.
(15)
Diagnosis and evaluation--The process
of performing specialized examinations, tests, and/or procedures in order
to determine whether the individual has a condition (diagnosis) covered by
the CIDC Program.
(16)
Early identification--The process of
performing initial or screening examinations on those individuals thought
to be at risk, or who are suspected of having chronic illness or handicapping
conditions, in order to identify such conditions as early as possible after
their onset. The purpose of early identification is to enable early definitive
diagnosis and evaluation and, thus, early health care intervention.
(17)
Eligibility date--The effective date
of [
(A)
The effective date of eligibility for newborns
who
are not born prematurely
will be the date of birth. Newborn means a
child 30 days old or younger.
(B)
The effective date of eligibility based upon traumatic
injury will be the day after the acute phase of treatment ends.
(C)
The effective date of eligibility
for applicants who are comatose at the time of application will be the day
the applicant is no longer comatose.
(D)
The effective date of eligibility
for an applicant that is born premature will be the day after the applicant
has been out of the hospital for 14 consecutive days.
(E)
The effective date of eligibility
for applicants with spenddown is the day after the earliest Date of Service
(DOS) on which the cumulative bills are sufficient to meet the spenddown amount.
(F)
If the application is received
without a Medicaid determination or other data/documents needed to process
the application, it will be considered incomplete. The applicant will be notified
that the application is incomplete and given 60 days to submit the Medicaid
determination or other missing data/documents to CIDC. If the application
is made complete within the 60 day time limit, the client's eligibility effective
date will be established as 15 days retroactive from the date when the application
was first received. If the application is made complete after the 60 days,
the eligibility effective date will be established as 15 days retroactive
from the date the application is made complete.
(18)
Emergency--A medical condition manifesting
itself by acute symptoms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could reasonably be expected
to result in: placing the individual's health in serious jeopardy; serious
impairment to bodily functions; or serious dysfunction to any bodily organ
or part.
(19)
Expectation of improvement--The reasonable
determination that as a result of treatment the problem will be corrected
or controlled or that increased function will be gained.
(20)
Family--The nuclear family, which consists
of the mother, father, and children, including stepparents.
(21)
Facility--A hospital, ambulatory surgical
center, specialty center, and/or outpatient clinic.
(22)
Financial independence--The individual
currently files his or her own personal U.S. income tax return and is not
claimed as a dependent by any other person on his or her U.S. income tax return.
(23)
Health insurance--A policy or plan, either
individual, group, or government sponsored, that an individual purchases or
in which an individual participates that provides benefits when medical and/or
dental costs are or would be incurred. Health insurance includes, but is not
limited to, health insurance policies, health maintenance organizations, preferred
provider organizations, employee health welfare plans, union health welfare
plans, medical expense reimbursement plans, CHAMPUS, CHAMPVA, Medicaid, and
Medicare. Benefits may be in any form, including, but not limited to, reimbursement
based cost, cash payment based upon a schedule, or access without charge or
at minimal charge to providers of medical and/or dental care. Benefits from
a municipal or county hospital, joint municipal-county hospital, county hospital
authority, hospital district, county indigent health care programs, or the
facilities of a medical school are not health insurance.
(24)
Household--The living unit in which the
applicant resides and which includes one or more of the following:
(A)
mother;
(B)
father;
(C)
stepparent;
(D)
managing conservator;
(E)
siblings;
(F)
stepbrother(s); or
(G)
stepsister(s).
(25)
Increase in functional independence--An
improvement in the ability of an individual to perform the basic activities
of daily living, with or without assistive devices, based on progress in relation
to age appropriate tasks or developmental milestones.
(26)
Other benefits--Any other resources (other
than what is specified under health insurance definition) available to the
client or the parent/guardian/conservator or other adult caretaker if the
client is a minor, for the costs of CIDC Program covered early identification
services, diagnostic and evaluation services, rehabilitation services, and
case management services, including, but not limited to, health insurance,
liability insurance, casualty insurance, workers' compensation benefits, personal
financial resources, available trust funds, government-sponsored compensation
or reimbursement programs, or a legal cause of action, agreed settlement,
or judgment in behalf of the client if such relates to CIDC Program covered
services. Excluded from this definition are benefits made available through
state law containing specific language to the effect that the payor of such
benefits is secondary payor to the CIDC Program.
(27)
Person--An individual, corporation, government
or governmental subdivision or agency, business trust, partnership, association,
or any other legal entity.
(28)
Physician--An individual licensed by
the Texas State Board of Medical Examiners to practice medicine in the state.
(29)
Provider--A person and/or facility approved
by the board that delivers services which are purchased by the CIDC Program
for the purposes of implementing the Act.
(30)
Rehabilitation--The process of physically
restoring the functions of the body destroyed or impaired by congenital defect,
disease, or injury.
(31)
Resident--A bona fide resident means
a person who:
(A)
is physically present within the geographic boundaries
of the state;
(B)
has an intent to remain within the state;
(C)
actually maintains an abode within the state (i.e., house
or apartment, not merely a post office box);
(D)
does not claim residency in any other state or country;
(E)
is a minor child residing in Texas and his/her parent(s),
or managing conservator or guardian of the child's person is a bona fide resident;
(F)
is an individual residing in Texas and who is the legal
dependent spouse of a bona fide resident; or
(G)
is an adult residing in Texas and his/her legal guardian
is a bona fide resident.
(32)
Social service organization--A for-profit
or nonprofit corporation or other entity, not including individual persons,
that provides travel, meal, and/or lodging expenses in advance to enable CIDC
clients to obtain medical care.
(33)
Specialty center--A facility and staff
which meets the CIDC Program requirements in this chapter and is designated
by the board for CIDC Program use for comprehensive diagnostic and treatment
services for a specific medical condition.
(34)
Spenddown--Financial
eligibility achieved when household income exceeds 200% of the federal poverty
guidelines if it can be shown that the applicant is responsible for household
medical bills equal to or greater than the amount in excess of the 200% level.
(35)
State--The State of Texas.
(36)
Support--The contribution of money or
services necessary for an individual's maintenance, including, but not limited
to, funds, food, clothing, shelter, transportation, and health care.
(37)
Treatment plan--The plan of care for
the client (time and treatment specific) as certified by and implemented under
the supervision of a CIDC Program approved physician.
(38)
United States Public Health Service (USPHS)
price--The average manufacturer price for a drug in the preceding calendar
quarter under Title XIX of the Social Security Act, reduced by the rebate
percentage, as authorized by the Veterans Health Care Act of 1992 (Public
Law 102-585, November 4, 1992).
(39)
Usual and customary--The least of the
following:
(A)
the customary charge, based on the provider's own historical
charges;
(B)
the prevailing charge, based on the customary charges
of all providers in the same geographical locality with the same medical specialty;
or
(C)
the provider's actual charge.
§38.3. Eligibility for Client Services.
In order for an individual to be eligible for the Chronically Ill and
Disabled Children's Services (CIDC) Program, the individual must meet the
medical, financial, and other criteria in this section.
(1)-(2)
(No change.)
(3)
Financial criteria. Financial need is established
on the basis of household income and assets which are legally available to
the family.
(A)
Household income.
(i)-(ii)
(No change.)
(iii)
The income level for eligibility currently is established
at 200% of the federal poverty guidelines. If the household income exceeds
this level and it can be shown that the applicant is responsible for medical
bills equal to or greater than the amount in excess of the 200% level, the
client may be financially eligible
for 12 months
from the eligibility
date [
(iv)
(No change).
[
Applicants who appear to
be financially eligible for Medicaid and meet all other CIDC Program requirements
will be given provisional eligibility for 30 days. During that time the applicant
must apply for Medicaid, including the Medically Needy Program, and notify
the CIDC Program of Medicaid's determination, the Medically Needy Program
determination. Once a Medicaid determination has been received within the
time frame specified by the CIDC Program, CIDC eligibility may be made retroactive
according to criteria set by CIDC. If the applicant fails to follow through
with the Medicaid application, eligibility will automatically expire at the
end of the 30 days. Claims for services provided within the 30-day period
will not be paid if no Medicaid determination is received in the time period
specified by the program. Under unusual circumstances, the program may grant
a 30-day extension of provisional eligibility.]
(v)
[
(B)
(No change).
(4)-(6)
(No change).
(7)
Application.
(A)
(No change).
(B)
An individual is considered to be an applicant from the
time that the CIDC Program receives an application. The CIDC Program will
respond in writing regarding eligibility status within 30 working days after
the completed application is received. Applications will be considered:
(i)
(No change).
(ii)
incomplete if required information
that includes
a Medicaid determination or any other data/document needed to process the
application
is not provided or if an outdated form is submitted; or
(iii)
(No change).
(C)-(D)
(No change).
(8)-(9)
(No change).
§38.6. Providers.
(a)
General requirements for participation. The Chronically
Ill and Disabled Children's Services (CIDC) Act, Health and Safety Code, §35.004
provides the Texas Board of Health (board) with the authority to approve the
physicians, dentists, podiatrists,
dietitians,
facilities, specialty
centers, and other providers to participate in the CIDC Program according
to criteria and procedures adopted by the Texas Board of Health.
(1)-(4)
(No change.)
(5)
Overpayments made
on
[
(6)-(7)
(No change.)
(b)
Denial, modification, suspension, and termination of provider
approval.
(1)
(No change.)
(2)
The CIDC Program may deny or suspend [
(3)
(No change.)
(c)
(No change.)
(d)
Podiatrists. The CIDC Program approves for CIDC Program
participation podiatrists who are working under a treatment plan prescribed
by a CIDC Program approved physician. To be approved for CIDC Program participation,
a podiatrist must:
(1)-(3)
(No change.)
(4)
accept responsibility for actions of his or her staff
performed
on
[
(e)
Dietitians. To be approved
for CIDC Program participation, an individual must:
(1)
have a Texas dietitian practice license;
(2)
be an active provider with the Texas Medicaid
Program;
(3)
agree to allow on-site visits and/or audit
privileges to the CIDC Program staff; and
(4)
accept responsibility for actions of his
or her staff performed on behalf of the provider.
(f)
[
(1)
have current approval by the Joint Commission on Accreditation
of Health Care Organizations or the American Osteopathic Association;
(2)
be located within Texas, except in those situations
that develop in Texas where it is a financial hardship or clearly a great
medical risk for a client to be transported to an adequate medical facility
within Texas when an out-of-state facility within 50 miles of the Texas border
is closer. Under these circumstances, all CIDC Program policies and procedures
will apply, including the legal requirement that physicians, dentists, and
podiatrists who are licensed to practice in Texas and who are active Texas
Medicaid providers be utilized;
(3)
allow on-site visits and/or audits; and
(4)
qualified pediatric hospitals must have a definable
pediatric unit or facilities, equipment, and qualified staff necessary to
meet the special needs of CIDC Program eligible clients, in accordance with
the specified CIDC Program criteria.
(g)
[
(1)
pharmacists;
(2)
private therapists;
(3)
medical supply and/or equipment companies;
(4)
meal and lodging facilities;
(5)
transportation companies or providers; and
(6)
funeral homes.
(h)
[
§38.13. Payment of Services.
The Chronically Ill and Disabled Children's Services (CIDC) Program
reimburses for covered services for CIDC Program eligible clients. Payment
may be made only after the delivery of the service. The client or client's
family must not be billed for the service or be required to make a preadmission
or pretreatment payment or deposit. Providers and facilities must agree to
accept established fees as payment in full. The program may negotiate reimbursement
alternatives to reduce costs through requests for proposals, contract purchases,
and/or incentive programs.
(1)-(2)
(No change.)
(3)
CIDC Program fee schedules. The CIDC Program shall
reimburse claims for covered medical, dental, and other services according
to the following fee schedules and/or methodologies.
(A)
The CIDC Program central office shall process claims as
follows:
(i)-(iii)
(No change.)
(iv)
nutritional supplements--the billed amount, up to $450
per month per client, according to the prices in the
current
[
(v)-(xii)
(No change.)
(B)
The National Heritage Insurance Company (NHIC) shall process
claims as follows:
(i)-(iv)
(No change.)
(v)
hospital ambulatory surgical centers--
the amount
billed, not to exceed the maximum fee allowable according to the Ambulatory
Surgical Code Groupings payment schedule approved by HCFA
[
(vi)-(vii)
(No change.)
(C)
(No change.)
(4)-(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
April 22, 1999.
TRD-9902381
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
25 TAC §130.19
The Texas Department of Health (department) proposes new
§130.19 concerning the Sanitarian/Code Enforcement Officers' Advisory
Committee (committee). The committee provides advice to the Texas Board of
Health (board) in the area of rules regarding registered professional sanitarians
and code enforcement offices.
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, §337.182, relating to the Sanitarian/Code
Enforcement Officers' Advisory Committee. The rule states that the committee
will automatically be abolished on September 1, 1999. The board has now reviewed
and evaluated the committee and has determined that the committee should continue
in existence until September 1, 2003. However, the rule currently found in
Chapter 337 of this title on water hygiene should be moved to Chapter 265
on general sanitation. The existing rule at §337.182 is being proposed
for repeal so that it can be replaced by new §265.131. Since this committee
also deals with code enforcement officers, it is appropriate to include a
cross-reference to §265.131 in the Chapter 130 on code enforcement registry.
Elias Briseno, Director, General Sanitation Division, 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. Briseno 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 Elias Briseno, General Sanitation Division,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512)
834-6635. Comments on the proposed section will be accepted for 30 days following
publication in the
Texas Register
.
The new section 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 new section affects the Health and Safety Code, Chapter 11, and the
Government Code, Chapter 2110.
§130.19. Sanitarian/Code Enforcement Officers' Advisory Committee.
(a)
The Sanitarian/Code Enforcement Officers' Advisory Committee
(committee) provides advice to the Texas Board of Health (board) in the area
of rules regarding registered professional sanitarians and code enforcement
officers.
(b)
The committee is governed by §265.131 of this title
(relating to Sanitarian/Code Enforcement Officers' Advisory Committee).
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
April 23, 1999.
TRD-9902389
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
Subchapter O. Licensing of Wholesale Disbributors of Drugs-Including Good Manufacturing Practices
25 TAC §229.255
The Texas Department of Health (department) proposes an amendment
to §229.255, concerning the Wholesale Drug Distributors Advisory Committee
(committee). The committee provides advice to the Texas Board of Health (board)
in the area of licensure of wholesale drug distributors.
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 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 Wholesale Drug Distributors
Advisory Committee. The rule states that the committee will automatically
be abolished on September 1, 1999. The board has now reviewed and evaluated
the committee and has determined that the committee should continue in existence
until September 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 September 1, 2003; 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 September rather than August;
and to reference reimbursement for a committee member's expenses if authorized
by General Appropriations Act or budget execution process. These changes will
clarify procedures for the committee and emphasize the advisory nature of
the committee.
Cynthia T. Culmo, R.Ph., Director, Drugs and Medical Devices Division 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. Culmo 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 Angela K. Bensel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, (512) 719-0237 extension 474.
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.
§229.255.Wholesale Drug Distributors Advisory Committee.
(a)
(No change.)
(b)
Applicable law. The committee is subject to
the Government
Code, Chapter 2110
[
(c)-(d)
(No change.)
(e)
Review and duration. By September 1,
2003
[
(f)
(No change.)
(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
[
(1)-(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
[
(4)
If the office of assistant presiding officer
becomes vacant, it
[
(5)-(6)
(No change.)
(7)
The presiding officer and assistant
presiding officer serving on April 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
[
(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)-(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 [
(2)
The report shall identify the costs related to the
committee's existence, including the cost of
department
[
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board each
September
[
(p)
Reimbursement for expenses. In accordance with the requirements
set forth in
the Government Code, Chapter 2110
[
(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
April 20, 1999.
TRD-9902288
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
25 TAC §229.444
The Texas Department of Health (department) proposes an amendment
to §229.444, concerning the Device Distributors and Manufacturers Advisory
Committee (committee). The committee provides advice to the Texas Board of
Health (board) in the area of licensure of device distributors and manufacturers.
The committee is required by the Health and Safety Code, 431.275.
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 1996, the board established a rule relating to the Device Distributors
and Manufacturers Advisory Committee. The rule states that the committee will
automatically be abolished on September 1, 1999. The board has now reviewed
and evaluated the committee and has determined that the committee should continue
in existence until September 1, 2003.
In addition the General Appropriations Act, House Bill 1, Article IX, Rider
167, passed by the 75th Legislature, requires each state agency to review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Section 229.444
has been reviewed and the department has determined that the reasons for adopting
the section continue to exist.
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 September
1, 2003; to reflect the statutory composition of the committee; to clarify
that members holdover until their replacement is appointed; 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
September rather than August; and to reference reimbursement for a committee
member's expenses if authorized by General Appropriations Act or budget execution
process. Other minor changes were made for clarification. These changes will
clarify procedures for the committee and emphasize the advisory nature of
the committee.
The department published a Notice of Intention to Review this section as
required by Rider 167 in the
Texas Register
(23 TexReg 9078) September 4, 1998. No comments were received by the department
on this section.
Cynthia T. Culmo, R.Ph., Director, Drugs and Medical Devices Division 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. Culmo 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 Tom Brinck, Texas Department of Health, 1100
West 49th Street, Austin, Texas 78756, (512) 719-0237. 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, §431.275,
which requires the board to establish a committee on the licensing of device
distributors and manufacturers; 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 431;
the Government Code, Chapter 2110; and the General Appropriations Act, House
Bill 1, Article IX, Rider 167, passed by the 75th Legislature.
§229.444.Device Distributors and Manufacturers Advisory Committee.
(a)
The committee. An advisory committee shall be appointed
under and governed by this section.
(1)
(No change.)
(2)
The committee is required to be established by the
Texas Board of Health (board) by Health and Safety Code, §431.275
and is subject to the Health and Safety Code, §11.016
.
(b)
Applicable law. The committee is subject to
the Government
Code, Chapter 2110
[
(c)-(d)
(No change.)
(e)
Review and duration. By September 1,
2003
[
(f)
Composition. The committee shall be composed of five members
appointed by the board. The composition of the committee shall include:
(1)
two consumer representatives; [
(2)
one person representing a distributor of devices;
and
[
(3)
two persons representing manufacturers
of devices.
(g)
Terms of office. The term of office of each member shall
be three years.
Members shall serve after expiration of their term until
a replacement is appointed.
(1)-(2)
(No change.)
(h)
(No change.)
(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
[
(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)-(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[
(2)
The report shall identify the costs related to the
committee's existence, including the cost of
department
[
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board each
September
[
(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
April 19, 1999.
TRD-9902289
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
Subchapter J. Advisory Committee
25 TAC §265.131
The Texas Department of Health (department) proposes new
§265.131 concerning the Sanitarian/Code Enforcement Officers' Advisory
Committee (committee). The committee provides advice to the Texas Board of
Health (board) in the area of rules regarding registered professional sanitarians
and code enforcement officers.
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, §337.182, relating to the Sanitarian/Code
Enforcement Officers' Advisory Committee. The rule states that the committee
will automatically be abolished on September 1, 1999. The board has now reviewed
and evaluated the committee and has determined that the committee should continue
in existence until September 1, 2003. However, the rule currently found in
Chapter 337 of this title on water hygiene should be moved to Chapter 265
on general sanitation. The existing rule at §337.182 is being proposed
for repeal so that it can be replaced by new §265.131.
This section incorporates existing provisions in §337.182 relating
to the operation of the committee. In addition, language is revised to delete
the reference to the repealed law on the sanitarians' advisory committee;
to reference the Government Code; to continue the committee until September
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 September
rather than August; and to reference reimbursement for a committee member's
expenses if authorized by 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.
Elias Briseno, Director, General Sanitation Division, 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. Briseno 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 Elias Briseno, General Sanitation Division,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512)
834-6635. Comments on the proposed section will be accepted for 30 days following
publication in the
Texas Register
.
The new section 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 new section affects the Health and Safety Code, Chapter 11, and the
Government Code, Chapter 2110.
§265.131. Sanitarian/Code Enforcement Officers' Advisory Committee.
(a)
The committee. An advisory committee shall be appointed
under and governed by this section.
(1)
The name of the committee shall be the Sanitarian/Code
Enforcement Officers' Advisory Committee (committee).
(2)
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, concerning state agency advisory committees.
(c)
Purpose. The purpose of the committee is to provide advice
to the board in the area of rules regarding registered professional sanitarians
and code enforcement officers.
(d)
Tasks.
(1)
The committee shall advise the board concerning rules
relating to registered professional sanitarians and code enforcement officers.
(2)
The committee shall assist the department in establishing
regulations regarding the registration of professional sanitarians and promoting
the registration of qualified individuals as professional sanitarians and
shall advise the department on the adoption and enforcement of regulations
regarding the registration of code enforcement officers.
(3)
The committee shall carry out any other tasks given
to the committee by the board.
(e)
Review and duration. By September 1, 2003, 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)
three consumer representatives;
(2)
three code enforcement officers; and
(3)
three registered sanitarians.
(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)
Members shall be appointed for staggered terms so that
the terms of a substantial equivalent number of members will expire on December
31st of each odd-numbered year.
(2)
If a vacancy occurs, a person shall be appointed
to serve the unexpired portion of that term.
(h)
Officers. The chairman of the board shall appoint a presiding
officer and an assistant presiding officer to begin serving on September 1
of each odd-numbered year.
(1)
Each officer shall serve until the next regular election
of officers.
(2)
The presiding officer shall preside at all committee
meetings at which he or she is in attendance, call meetings in accordance
with this section, appoint subcommittees of the committee as necessary, and
cause proper reports to be made to the board. The presiding officer may serve
as an ex-officio member of any subcommittee of the committee.
(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
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 may be filled temporarily by vote of the committee until a successor
is appointed by the chairman of the board.
(5)
A member shall serve no more than two consecutive
terms as presiding officer and/or assistant presiding officer.
(6)
The committee may reference its officers by other
terms, such as chairperson and vice-chairperson.
(7)
The presiding officer and assistant presiding officer
serving on August 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)
A meeting may be called by agreement of Texas Department
of Health (department)staff and either the presiding officer or at least three
members of the committee.
(2)
Meeting arrangements shall be made by department
staff. Department 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.
(j)
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
department 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.
(k)
Staff. Staff support for the committee shall be provided
by the department.
(l)
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 department staff.
(A)
A 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)
After approval by the committee, the minutes shall be
signed by the presiding officer.
(m)
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 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.
(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 preceding 12 months and shall be filed with the board each 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
April 23, 1999.
TRD-9902390
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
Subchapter C. Texas Regulations for Control of Radiation
25 TAC §289.130
The Texas Department of Health (department) proposes an amendment
to §289.130 concerning the Radiation Advisory Board (advisory board).
The advisory board provides advice to the Texas Board of Health (board) in
the area of state radiation policies and programs. The advisory board is required
by the Health and Safety Code, Chapter 401.
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. The advisory board is subject to Chapter 2110.
In 1995, the board established a rule relating to the Radiation Advisory
Board. The rule states that the advisory board will automatically be abolished
on September 1, 1999. The board has now reviewed and evaluated the advisory
board and has determined that the advisory board should be reviewed by September
1, 2003, to determine whether a recommendation should be made to appropriate
government officials, such as the governor or the heads of other state agencies,
to continue the advisory board, consolidate the advisory board with another
one, or abolish the advisory board.
This section amends provisions relating to the operation of the advisory
board. Specifically, language is revised to reference the Government Code;
to articulate the duties of the advisory board under the Health and Safety
Code, §401.019; require review of the committee by September 1, 2003;
to clarify that members holdover until their replacement is appointed; to
include the requirements in the Health and Safety Code, §401.018 on calling
a meeting; to clarify that the advisory board is prohibited from holding an
executive session (closed meeting) for any reason; to clarify that the advisory
board and its members may not participate in legislative activity in the name
of the board or the department except with certain approval; to require the
advisory board's annual report in September rather than August; and to reference
reimbursement for an advisory board member's expenses if authorized by General
Appropriations Act. Other minor changes were made for clarification. These
changes will clarify procedures for the advisory board.
Richard Ratliff, Chief, Bureau of Radiation Control 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. Ratliff 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 board and clarification
of the role and procedures of the advisory board. 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 Cindy Cardwell, Bureau of Radiation Control,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512)
834-6688. 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, Chapter
401, which addresses the advisory board; 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 401,
and the Government Code, Chapter 2110.
§289.130. Radiation Advisory Board.
(a)
(No change.)
(b)
Applicable law. The board is subject to
the Government
Code, Chapter 2110
[
(c)
Purpose. The purpose of the board is to provide advice
to the Texas Board of Health
,
[
(d)
Tasks.
(1)
The board shall advise the Texas Board of Health and the
department's radiation program concerning rules relating to state regulation
of radiation.
(2)
The board shall
:
(A)
review and evaluate policies and programs of
the state relating to radiation;
(B)
make recommendations
and
[
(C)
review proposed [
(e)
Review and duration. By September 1,
2003
[
(f)
(No change.)
(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 board shall elect a chairman, vice-chairman
and secretary at its first meeting after August 31st of each year.
(1)-(4)
(No change.)
[
The board may reference
its officers by other terms, such as chairperson and vice-chairperson.]
(i)
Meetings. The board shall meet quarterly on dates set
by the board to conduct board business.
(1)
A
special
meeting may be called by the
chairman
[
(2)
(No change.)
(3)
The advisory board is not a "governmental body"
as defined in the Open Meetings Act. However, in order to promote public participation,
each
[
(4)-(7)
(No change.)
(j)
Attendance. Members shall attend board meetings as scheduled.
Members shall attend meetings of subcommittees to which the member is assigned.
(1)-(3)
(No change.)
[
The attendance records
of the members shall be reported to the board. The report shall include attendance
at board 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 board meeting shall be taken by department
staff.
(A)
A
summary of the meeting
[
(B)
(No change.)
(m)
Subcommittees. The board may establish subcommittees as
necessary to assist the board in carrying out its duties.
(1)
The chairman shall appoint members of the board to serve
on subcommittees and to act as subcommittee chairpersons. The chairman [
(2)
(No change.)
(3)
A subcommittee chairperson shall make regular reports
to the [
(n)
Statement by members.
(1)
The Texas Board of Health, the department,
and the board shall not be bound in any way by any statement or action on
the part of any board member except when a statement or action is in pursuit
of specific instructions from the Texas Board of Health, department, or board.
(2)
The board and its members
may not participate in legislative activity in the name of the Texas Board
of Health or the department except with approval through the department's
legislative process. Board members are not prohibited from representing themselves
or other entities in the legislative process.
(o)
Reports to Texas Board of Health. The board shall file
an annual written report with the Texas Board of Health.
(1)
The report shall list the meeting dates of the board and
any subcommittees, the attendance records of its members, a brief description
of actions taken by the board, a description of how the board has accomplished
the tasks given to the board by the Texas Board of Health, the status of any
rules which were recommended by the board to the Texas Board of Health,
and
anticipated activities of the board for the next year[
(2)
The report shall identify the costs related to the
board's existence, including the cost of
department
[
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the Texas Board
of Health each
September
[
(p)
Reimbursement for expenses. In accordance with the requirements
set forth in
the Government Code, Chapter 2110
[
(1)
No
compensatory
per diem shall be paid to board
members unless required by law but members shall be reimbursed for travel,
meals, lodging, and incidental expenses in accordance with the
General
Appropriations Act.
(2)-(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
April 26, 1999.
TRD-9902443
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
Subchapter A. Hazard Communication
25 TAC §295.10
(Editor's note: The text of the following section proposed
for repeal will not be published. The section may be examined in the offices
of the Texas Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Health (department) proposes the
repeal of §295.10, concerning the Hazard Communication Act Advisory Committee
(committee). The committee has provided advice to the Texas Board of Health
(board) in the area of hazard communication and provided guidance on rules,
program policies and out reach documents pertaining to the Texas Hazard Communication
Act.
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 of the committee,
describe the 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 Hazard Communication
Act Advisory Committee. The rule states that the committee will automatically
be abolished on September 1, 1999. The board has now reviewed and evaluated
the committee and has determined that the committee should be abolished. Issues
relating to the type of advice previously provided by the committee may be
addressed through the establishment of ad hoc committees.
In addition the General Appropriations Act, House Bill 1, Article IX, Rider
167, passed by the 75th Legislature, requires each state agency to review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Section 295.10
has been reviewed and the department has determined that the reasons for adopting
the section no longer exist.
The department published a Notice of Intention to Review this section as
required by Rider 167 in the
Texas Register
(23 Tex Reg 9079) on September 4, 1998. No comments were received by the department
on this section.
Claren Kotrla, Director, Toxic Substances Control Division, has determined
that for each year of the first five years the repeal is in effect, there
will be no fiscal implications for state or local governments as a result
of enforcing or administering this section since the section will no longer
exist.
Mr. Kotrla also has determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of enforcing
the section will be nonexistent since the section will no longer exist. There
will be no effect on small businesses. There are no economic costs to persons
as a result of this repeal. There will be no effect on local employment.
Comments may be submitted to Claren Kotrla, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, (512) 834-6600. Comments on the
proposed section will be accepted for 30 days following publication in the
The repeal 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 the commissioner
of health.
The repeal affects the Health and Safety Code, Chapter 11; the Government
Code, Chapter 2110; and the General Appropriations Act, House Bill 1, Article
IX, Rider 167, passed by the 75th Legislature.
§295.10.Hazard Communication Act Advisory Committee.
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
April 19, 1999.
TRD-9902287
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
25 TAC §295.73
The Texas Department of Health (department) proposes an amendment
to §295.73, concerning the Asbestos Advisory Committee (committee). The
committee provides advice to the Texas Board of Health (board) in the area
of asbestos licensing and compliance.
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 Asbestos Advisory
Committee. The rule states that the committee will automatically be abolished
on September 1, 1999. The board has now reviewed and evaluated the committee
and has determined that the committee should continue in existence until September
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 September
1, 2003; to increase consumer members from three to four, therefore, reducing
nonconsumers from nine to eight, 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 September rather than August;
and to reference reimbursement for a committee member's expenses if authorized
by 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.
Claren Kotrla, Director, Toxic Substance Control Division, 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. Kotrla 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 Todd F. Wingler, Toxic Substances Control,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512)
834-6600 ext. 2462 or 1-800-572-5548. 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.
§295.73.Asbestos Advisory Committee.
(a)
The committee. An advisory committee shall be appointed
under and governed by this section.
(1)
(No change.)
(2)
The committee is [
(b)
Applicable law. The committee is subject to
the Government
Code, Chapter 2110
[
(c)
(No change.)
(d)
Tasks.
(1)
(No change.)
(2)
The committee shall advise the Texas Department of
Health (department) concerning rules, fees, courses,
and
other
topics necessary to administer the Texas Asbestos Health Protection Act.
(3)
(No change.)
(e)
Review and duration. By September 1,
2003
[
(f)
Composition. The committee shall be composed of 12 members
appointed by the board. The composition of the committee shall include:
(1)
four
[
(2)
eight
[
(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
[
(1)-(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
[
(4)
If the office of assistant presiding officer
becomes vacant, it
[
(5)-(6)
(No change.)
(7)
The presiding officer and assistant
presiding officer serving on August 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
[
(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)-(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[
(2)
The report shall identify the costs related to the
committee's existence, including the cost of
department
[
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board each
September
[
(p)
Reimbursement for expenses. In accordance with the requirements
set forth in
the Government Code, Chapter 2110
[
(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
April 19, 1999.
TRD-9902311
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 458-7236
Subchapter D. Registration of Professional Sanitarians
income
] guidelines
published annually
by the U.S. Department of Health and Human Services
. The commissioner
of health shall adjust the income guidelines
annually to determine the
schedule of fees for clinical health services
[
as needed to conform
to changes in federal guidelines as those changes occur
]. The current
Income Guidelines and Schedule of Charges
[
income guidelines
]
will be filed with this section in the
offices of the Associateship for
Community Health and Resources Development
[
Bureau of Community
Oriented Primary Care
] of the department and will be available for public
inspection during office hours.
The Income Guidelines and Schedule of
Charges shall
[
Income guideline adjustments will
] also be
published in the
Texas Register
not later
than 30 days after the date on which they have been adopted by the commissioner
of health.
will
] use the following schedule.
will
] determine
if a person is able to pay in accordance with the appropriate schedule; however,
the clinic
shall
[
will
] not deny services because of
a person's inability to pay.
will
] be referred to the private
sector for care unless extenuating circumstances exist. Such circumstances
include provision of immunization services, prevention and control of communicable
diseases, unusually high medical expenses or the unavailability of specific
care needed. Such exceptions may receive care at the public health clinic
in accordance with the schedule of fees.
,
] determined able to pay[
,
] for nonpayment
of fees after notice to the person and opportunity for hearing. The criteria
upon which the department will take such action is when the person fraudulently
or deliberately misrepresents a material fact about his or her eligibility,
ability to pay, or the application of the schedule of fees to him/her.
will
]
conduct the hearing in accordance with §§1.21-1.34 of this title
(relating to Formal Hearing Procedures).
Chapter 38.
Chronically Ill and Disabled Children's Services Program
initial
] eligibility for the CIDC Program is 15 days prior
to the date of receipt of the complete application, except in the following
circumstances.
until the end of the calendar year
].
(v)
(vi)
] If actual or projected
CIDC program
expenditures for a client exceed $2,000 per year, the client
may be required to apply periodically for
Medicaid, specifically including
the Medically Needy Program and, if eligible, to participate in
those programs
[
that program
] in order to remain eligible
for further CIDC program benefits. CIDC also may require a client for whom
actual or projected expenditures exceed $2,000 per year to apply for the Supplemental
Security Income Program (SSI), and, if eligible, to participate in that program
in order to remain eligible for further CIDC program benefits.
The client
must submit to the CIDC program an eligibility determination based upon a
timely and complete Medicaid or SSI application within 60 days of the date
of the notification letter. During this 60-day period, CIDC program coverage
will continue. If the client does not provide an eligibility determination
within the 60-day time limit, program coverage shall be terminated and may
not be reinstated unless an eligibility determination is received. The program
may grant the client a 30-day extension to obtain the determination.
in
] behalf
of clients to CIDC Program approved providers must be reimbursed to the CIDC
Program refund account by lump sum payment or, at the discretion of the Texas
Department of Health, in monthly installments or out of current claims due
to be paid the provider.
a physician's/dentist's/
podiatrist's
] approved provider status based on the CIDC Program's knowledge
of disciplinary action taken against the provider by the
licensing authority
under which the provider practices in the State of Texas or by the Texas Medicaid
Program
[
Texas State Boards of Medical Examiners, Dental Examiners,
and Podiatry Examiners
].
in
] behalf of the provider.
(e)
] Hospitals. The criteria for
hospital approval includes, but is not limited to, the following. Hospitals
must:
(f)
] Other CIDC Program approved
providers and facilities. Examples of other approved providers and facilities
are:
(g)
] Out-of-state coverage. The
commissioner of health may allow CIDC payment to out-of-state providers in
unique circumstances in which a CIDC provider (Texas physician) and the patient,
parent or guardian and the CIDC medical director agree that an out-of-state
provider is the provider of choice for quality care, the same treatment or
another treatment of equal benefit or cost is not available through Texas
CIDC providers, and the treatment results in a decrease in the patient's cost
of treatment to the CIDC program. The medical literature must indicate that
the out-of-state treatment is accepted medical practice and is anticipated
to improve the patient's quality of life. The cost of transportation, meals
and lodging may be reimbursed for the CIDC-approved out-of-state treatment.
Travel costs will be negotiated, with approval based on overall cost effectiveness.
1996
] edition of the Drug Topics Red Book, published by Medical Economics
Company, Inc., Montvale, New Jersey 07645-1742, on file with the CIDC Program;
reimbursed
at 80% of the rate authorized by the (TEFRA), which is equivalent to the hospital's
Medicaid interim rate
];
Chapter 130.
Code Enforcement Registry
Chapter 229.
Food and Drug
Texas Civil Statutes, Article 6252-33
],
concerning state agency advisory committees.
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.
committee
] shall
appoint
[
elect
] a presiding officer and
an assistant presiding officer
to begin serving on September 1 of each
odd-numbered year
[
at its first meeting after August 31st of each
year
].
elected
] to complete the unexpired portion of the term
of the office of presiding officer.
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
].
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
.
and any amendments
to this section requested by the committee
].
agency
] staff time spent in support of the committee's activities.
August
]. It shall be signed by the presiding officer
and appropriate department staff.
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
.
Subchapter X. Licensure of Device Distributors and Manufacturers
Texas Civil Statutes, Article 6252-33
],
concerning state agency advisory committees.
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.
and
]
three nonconsumer representatives, to include device distributors
and manufacturers.
]
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
.
, and any amendments
to this section requested by the committee
].
agency
] staff time spent in support of the committee's activities.
August
]. It shall be signed by the presiding officer
and appropriate department staff.
Chapter 265.
General Sanitation
Chapter 289.
Radiation Control
Texas Civil Statutes, Article 6252-33
],
concerning state agency advisory committees.
and to
] the Texas Department
of Health's (department) radiation program
, the Texas Natural Resource
Conservation Commission, the Railroad Commission, and other state agencies
in the area of state radiation policies and programs.
to the department,
] furnish technical advice as may be required on matters
relating to development, use, and regulation of sources of radiation
to the department, the Texas Natural Resource Conservation Commission, the
Railroad Commission of Texas, and other state agencies
; and
department
] rules
and guidelines
of any state agency
relating to regulation of sources
of radiation and recommend changes in proposed or existing rules and guidelines
relating to sources of radiation.
1999
], the Texas Board of Health will initiate and complete a review
of the board to determine whether
a recommendation should be made to
appropriate government officials to continue the board, consolidate the board
with another advisory board or committee, or abolish the board.
[
the board should be continued, consolidated with another board, or abolished.
If the board is not continued or consolidated, the board shall be abolished
on that date.
]
(5)
Commissioner of Health (commissioner)
] or at least
five
[
three
] members of the board.
Each
] meeting of the board 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)
draft of the
minutes approved by the chairman
] shall be provided to the
Texas
Board of Health
[
board
] and each member of the board within
30 days of each meeting.
presiding officer
] may also appoint nonmembers of the board to serve
on subcommittees as the need for additional expertise arises.
advisory
] board at each board meeting or in interim written
reports as needed. The reports shall include an executive summary or minutes
of each subcommittee meeting.
, and
any amendments to this section requested by the board
].
agency
] staff time spent in support of the board's activities.
August
]. It shall be signed
by the chairman and appropriate department staff.
Texas Civil
Statutes, Article 6252-33
], a board member may receive reimbursement
for the member's expenses incurred for each day the member engages in official
board business.
Chapter 295.
Occupational Health
Subchapter C. Texas Asbestos Health Protection
required to be
] established
under the Health and Safety Code, §11.016, which allows the Texas Board
of Health (board) to establish advisory committees
[
by the Texas
Board of Health (board) by Texas Civil Statutes, Article 4477-3a
].
Texas Civil Statutes, Article 6252-33
],
concerning state agency advisory committees.
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.
three
] consumer representatives;
and
nine
] nonconsumer representatives.
committee
] shall
appoint
[
elect
] a presiding officer and
an assistant presiding officer
to begin serving on September 1 of each
odd-numbered year
[
at its first meeting after August 31st of each
year
].
elected
] to complete the unexpired portion of the term
of the office of presiding officer.
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
].
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
. [
The meeting agenda, date, and place
will be set for publication in the Texas Register.
]
, and any amendments
to this section requested by the committee
].
agency
] staff time spent in support of the committee's activities.
August
]. It shall be signed by the presiding officer
and appropriate department staff.
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
.
Chapter 337.
Water Hygiene