TITLE 22.EXAMINING BOARDS

Part 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

Chapter 501. RULES OF PROFESSIONAL CONDUCT

Subchapter B. PROFESSIONAL STANDARDS

22 TAC §501.62

The Texas State Board of Public Accountancy adopts an amendment to §501.62, concerning Other Professional Standards without changes to the proposed text as published in the April 6, 2001, issue of the Texas Register (26 TexReg 2621).

The amendment allows the Board to add standards for tax services to the Board's list of professional standards it expects licensees to satisfy.

The amendment will function by having all consumers and licensees know that there are professional standards in the tax area that licensees should be satisfying.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 18, 2001.

TRD-200102792

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: June 7, 2001

Proposal publication date: April 6, 2001

For further information, please call: (512) 305-7848

Chapter 523. CONTINUING PROFESSIONAL EDUCATION

Subchapter B. CONTINUING PROFESSIONAL EDUCATION STANDARDS

22 TAC §523.32

The Texas State Board of Public Accountancy adopts the repeal of Section 523.32 concerning Ethics Course without changes to the proposed text as published in the April 6, 2001 issue of the Texas Register (26 TexReg 2622).

The repeal allows the Board to remove a rule that needs to be rewritten from the beginning.

The repeal will function by removing an old rule that needs to be rewritten and removed from the Board's rules.

No comments were received regarding adoption of the repeal.

The repeal is adopted under the Public Accountancy Act, Tex. Occupations Code, Section 901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 18, 2001.

TRD-200102795

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: June 7, 2001

Proposal publication date: April 6, 2001

For further information, please call: (512) 305-7848

22 TAC §523.32

The Texas State Board of Public Accountancy adopts new rule §523.32, concerning Board Rules and Ethics Course without changes to the proposed text as published in the April 6, 2001, issue of the Texas Register (26 TexReg 2623).

The new rule allows the Board to inform licensees and license applicants that the Board expects them to complete a Continuing Professional Education course on the Board's Rules and states the exceptions.

The new rule will function by having a rule that is clearer, better written and that contains fewer subject areas than the former Board Rule.

No comments were received regarding adoption of the rule.

The new rule is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 18, 2001.

TRD-200102793

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: June 7, 2001

Proposal publication date: April 6, 2001

For further information, please call: (512) 305-7848

22 TAC §523.33

The Texas State Board of Public Accountancy adopts new rule §523.33 concerning Course Content and Board Approval without changes to the proposed text as published in the April 6, 2001 issue of the Texas Register (26 TexReg 2624).

The rule allows the Board to have a new rule that informs course providers what the Board expects this course to contain.

The new rule will function by having a rule that is clearer, better written and that contains fewer subject areas than the former Board rule.

No comments were received regarding adoption of the rule.

The new rule is adopted under the Public Accountancy Act, Tex. Occupations Code, Section 901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 18, 2001.

TRD-200102794

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: June 7, 2001

Proposal publication date: April 6, 2001

For further information, please call: (512) 305-7848

Part 33. TEXAS STATE BOARD OF EXAMINERS OF PERFUSIONISTS

Chapter 761. PERFUSIONISTS

The Texas State Board of Examiners of Perfusionists (the board), by majority vote of the board on March 21, 2001, enters this order finally adopting amendments §§761.1 - 761.9, repeal of §§761.10 - 761.20, and new §§761.10 - 761.19 concerning the practice of perfusion. Sections 761.10, 761.13, and 761.17 are adopted with changes to the proposed text as published in the January 26, 2001, issue of the Texas Register (26 TexReg 876). Sections 761.1 - 761.9, 761.11 - 761.12, 761.14 - 761.16, and 761.18 - 761.19 are published without changes, and therefore will not be republished.

The amendments cover definitions, the board's organization and administration, professional and ethical conduct, educational requirements for licensure, examination procedures for perfusionists, procedures and criteria for exemptions, application procedures, determination of eligibility and provisional licensed perfusionist. The new sections cover licensing after examination, procedures for changes of name or address, license renewal, minimum continuing education requirements, licensing of persons with criminal backgrounds to be a perfusionist and provisional licensed perfusionist, violations, complaints, and subsequent board actions, formal hearings, informal dispositions, default orders, and suspension for failure to pay child support. The repeal covers the grandfather period, licensing after examination, procedures for change of name or address, license renewal, minimum continuing education requirements, licensing of persons with criminal backgrounds to be a perfusionist and provisional licensed perfusionist, violations, complaints and subsequent board actions, formal hearings, informal dispositions, default orders, and suspension of license for failure to pay child support.

Government Code §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999, 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). Sections 761.1-761.20 have been reviewed and the board has determined that reasons for adopting the sections continue to exist; however, revisions are being made to the rules.

The board published a Notice of Intention to Review for §§761.1-761.20 in the Texas Register on September 17, 1999, (24 TexReg 7775). No comments were received as a result of the publication of the notice.

These sections delete language no longer needed; update existing rules to reflect changes in the profession; add one new fee and increase two existing fees; amend rules according to changes pursuant to the codification of the Licensed Perfusionist Act in the new Texas Occupations Code, Chapter 603; clarify, reorganize and simplify the rules and make typographical corrections.

No comments were received on the proposed rules during the comment period.

The following changes were made due to staff comments.

Concerning §761.10(c)(4)(A), the word "license" was changed to "licensee" at the end of the sentence to correct the reference in regards to the place of employment of the licensee.

Concerning §761.13(b)(3)(A)(iii), a comma was added after "national" to be consistent.

Concerning §761.17(k), the word "Occupation" was changed to "Occupations" to reflect the correct legal cite.

22 TAC §§761.1 - 761.19

The amendments and new rules are adopted under Texas Occupations Code, Chapter 603, which provides the Texas State Board of Examiners of Perfusionists with the authority to adopt rules concerning the regulation of Perfusionists.

§761.10.Licensing After Examination.

(a)

Issuance of licenses.

(1)

Upon request the board shall send each applicant who has been approved and who has passed the examinations, if applicable, a form to complete and return with the upgrade fee, if applicable.

(2)

Upon receiving an applicant's form and fee, the board shall issue a license certificate and license identification card containing a license number.

(b)

Replacement. The board shall replace a lost, damaged, or destroyed license certificate or identification card upon a written request from the licensee and payment of the license replacement fee. Requests shall include a statement detailing the loss or destruction of the licensee's original license or identification card or be accompanied by the damaged certificate or card.

(c)

License certificates.

(1)

The board shall prepare and provide to each licensee a license certificate and identification card which contains the licensee's name, license number, and expiration date.

(2)

Official license certificates shall be signed by the executive secretary. Official identification cards shall be signed by the executive secretary and the licensee.

(3)

Any certificate or identification card issued by the board shall remain the property of the board and must be surrendered to the board on demand.

(4)

The license certificate must be displayed in an appropriate and public manner as follows:

(A)

The license certificate shall be displayed in the primary office or place of employment of the licensee.

(B)

In the absence of a primary office or place of employment, or when the licensee is employed at multiple locations, the licensee shall carry a current identification card.

(d)

Upgrading a provisional license.

(1)

The provisional licensed perfusionist shall submit to the board a photocopy of the examination results from the American Board of Cardiovascular Perfusion and a written request to upgrade.

(2)

The provisional licensed perfusionist who successfully completes the licensing examination shall surrender to the board the provisional license certificate and provisional license identification card, and submit the license fee for upgrade of provisional licensed perfusionist to licensed perfusionist.

(3)

If the provisional licensed perfusionist is not eligible for upgrade, the executive secretary shall notify the provisional licensed perfusionist in writing of the reasons for denial and the additional documentation needed to meet the minimum requirements for licensure as a licensed perfusionist.

§761.13.Minimum Continuing Education Requirements.

(a)

Completion of continuing education (CE) requirements with current certification by the American Board of Cardiovascular Perfusion (ABCP) or its successor agency. Completion of continuing education requirements shall be documented by demonstrating current certification by the ABCP annual license renewal.

(b)

Completion of CE requirements without current certification by the ABCP. Licensed perfusionists without current certification by the ABCP at the time of license renewal must meet the following criteria.

(1)

Document a minimum of 45 continuing education credit (CEUs) in a three-year period by submitting the professional activity report on the approved form every third year. A minimum of 15 hours of CEU must be earned in Category I. The activity period covered in the professional activity report is from the date of licensure to the third licensure renewal date and every subsequent third license renewal date.

(2)

Document a minimum of 40 clinical perfusions in a one-year period by submitting the clinical activity report on the approved form upon annual license renewal. The first clinical activity report from a newly licensed perfusionist is due on the second license renewal date.

(3)

One CEU or contact hour activity is defined as 50 minutes spent in an organized, structured or unstructured learning experience. Categories of CEU activities are:

(A)

Category I - Perfusion Meetings and Other Perfusion Related Activity - Perfusion meetings are those programs and seminars in which a minimum of 75% of the contact hours consist of perfusion related material. Only those meetings approved by the ABCP will qualify for Category 1 hours. Examples:

(i)

International, national regional, and state perfusion meetings.

(ii)

Publication of perfusion related book chapter or paper in a professional journal.

(iii)

Presentation at an international, national, regional or state perfusion journal.

(B)

Category II - Non-Accredited Perfusion Meetings and Other Medical Meetings- This category includes international, national, regional, and state meetings that have not been approved by the ABCP, local perfusion meetings and all other medically related meetings. Examples:

(i)

International, National, Regional, and State, perfusion meetings that have not been accredited by the ABCP.

(ii)

Local perfusion meetings (do not require ABCP accreditation). Any perfusion meeting NOT EQUALLY ACCESSIBLE to the general CCP community, this includes manufacturer-specific and company-sponsored educational activities.

(iii)

International, National, Regional, or Local medically-related meetings.

(C)

Category III- Individual Education and Other Self-Study Activities Credit in this category is acquired on an hour for hour basis of the time spent in these non-accredited or non-supervised activities. Examples:

(i)

Reading or viewing medical journals, audio-visual, or other educational material.

(ii)

Participation in electronic forums.

(iii)

Participation in a Journal Club.

(iv)

Participation in degree-oriented, professional-related course work.

(v)

Presentation of perfusion topic at a non-perfusion meeting

(D)

A minimum of 40 clinical perfusions per year are required of every licensed perfusionist.

(E)

40 cases are required each year as the Primary Perfusionist for Cardiopulmonary bypass, ECMO, VAD, Isolated Limb Perfusion, or VENO-VENO bypass. For each ECMO or VAD case, one case credit will be awarded for initiated and/or managing an eight-hour shift.

(4)

Documentation of activities. Licensed perfusionists are responsible for providing documentation of their professional activities. This documentation must be submitted along with the professional activity report. Credit will not be granted for activities that are not documented. The suitable documentation is outlined as follows:

(A)

Category I - Perfusion meetings - Approved perfusion meetings held before June 30, 1998, may be documented by copies of registration receipts or official meeting name tags. For approved perfusion meetings held after June 30, 1998, an official document from the meeting sponsor documenting attendance and the number of hours received must be provided.

(i)

Perfusion Publications must have complete reference of book or article (authors, title, journal and date/volume of journal.

(ii)

Perfusion Presentations must have copy of program agenda.

(B)

Category II - International, national, regional, and state perfusion meetings not accredited by the ABCP, local perfusion meetings and all other medical meetings - must provide an official document stating CEUs awarded and copy of the meeting program.

(C)

Category III - All self-study activities will require an official record of completion or written summary of the activity.

(c)

Exceptions. Any deviation from the continuing education requirements will be reviewed on a case-by-case basis by the Board. A request for special consideration shall be submitted in writing a minimum of 60 days prior to expiration of the license.

§761.17.Informal Settlement Conference.

(a)

Informal disposition of any complaint or contested case involving a licensee or an applicant for licensure may be made through an informal settlement conference held to determine whether an agreed settlement order may be approved.

(b)

If the executive secretary or a member of the complaints committee of the board determines that the public interest might be served by attempting to resolve a complaint or contested case by an agreed order in lieu of a formal hearing, the provisions of this section shall apply. A licensee or applicant may request an informal settlement conference; however, the decision to hold a conference shall be made by the executive secretary or the complaints committee.

(c)

An informal conference shall be voluntary. It shall not be a prerequisite to a formal hearing.

(d)

The executive secretary shall decide upon the time, date, and place of the settlement conference and provide written notice to the licensee or applicant of the same. Notice shall be provided no less than ten days prior to the date of the conference by certified mail, return receipt requested to the last known address of the licensee or applicant or by personal delivery. The 10 days shall begin on the date of mailing or personal delivery. The licensee or applicant may waive the 10 day notice requirement.

(1)

The notice shall inform the licensee or applicant of the following:

(A)

the nature of the alleged violation;

(B)

that the licensee may be represented by legal counsel;

(C)

that the licensee or applicant may offer the testimony of witnesses and present other evidence as may be appropriate;

(D)

that the licensee's or applicant's attendance and participation is voluntary;

(E)

that the complainant may be present; and

(F)

that the settlement conference shall be canceled if the licensee or applicant notifies the executive secretary that he or she or his or her legal counsel will not attend.

(2)

A copy of the board's rules concerning informal disposition shall be enclosed with the notice of the settlement conference.

(e)

The notice of the settlement conference shall be sent by certified mail, return receipt requested, to the complainant at his or her last known address or personally delivered to the complainant. The complainant shall be informed that he or she may appear and testify or may submit a written statement for consideration at the settlement conference. The complainant shall be notified if the conference is canceled.

(f)

A member of the complaints committee may be present at a settlement conference.

(g)

The settlement conference shall be informal and shall not follow the procedures established in this chapter for contested cases and formal hearings.

(h)

The licensee, the licensee's attorney, and board staff may question witnesses, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate.

(i)

The board's legal counsel will be requested to attend each settlement conference. The complaints committee member or executive secretary may call upon the board attorney at any time for assistance in the settlement conference.

(j)

The licensee shall be afforded the opportunity to make statements that are material and relevant.

(k)

Access to the board's investigative file may be prohibited or limited in accordance with the APA, Texas Government Code, Chapter 552, and the Texas Occupations Code, Chapter 603.

(l)

At the discretion of the executive secretary or the committee members, a tape recording may be made of none or all of the settlement conference.

(m)

The complainant shall not be considered a party in the settlement conference but shall be given the opportunity to be heard if the complainant attends. Any written statement submitted by the complainant shall be reviewed at the conference.

(n)

At the conclusion of the settlement conference, the executive secretary may make recommendations for informal disposition of the complaint or contested case. The recommendations may include any disciplinary action authorized by the Act. The executive secretary may also conclude that the board lacks jurisdiction, conclude that a violation of the Act or this chapter has not been established, or refer the matter for further investigation.

(o)

The licensee or applicant may either accept or reject at the conference the settlement recommendations. If the recommendations are accepted, an agreed settlement order shall be prepared by the board office or the board's legal counsel and forwarded to the licensee or applicant. The order shall contain agreed findings of fact and conclusions of law. The licensee or applicant shall execute the order and return the signed order to the board office within ten days of his or her receipt of the order. If the licensee or applicant fails to return the signed order within the stated time period, the inaction shall constitute rejection of the settlement recommendations.

(p)

If the licensee or applicant rejects the proposed settlement, the matter shall be referred to the executive secretary for appropriate action.

(q)

If the licensee or applicant signs and accepts the recommendations, the agreed order shall be submitted to the entire board for its approval. Placement of the agreed order on the board agenda shall constitute only a recommendation for approval by the board.

(r)

The identity of the licensee or applicant shall not be made available to the board until after the board has reviewed and accepted the agreed order unless the licensee or applicant chooses to attend the board meeting. The licensee or applicant shall be notified of the date, time, and place of the board meeting at which the proposed agreed order will be considered. Attendance by the licensee or applicant is voluntary.

(s)

Upon an affirmative majority vote, the board shall enter an agreed order approving the accepted settlement recommendations. The board may not change the terms of a proposed order but may only approve or disapprove an agreed order unless the licensee or applicant is present at the board meeting and agrees to other terms proposed by the board.

(t)

If the board does not approve a proposed agreed order, the licensee or applicant and the complainant shall be so informed. The matter shall be referred to the executive secretary for other appropriate action.

(u)

A licensee's opportunity for an informal conference under this section shall satisfy the requirement of the Texas Government Code, §2001.054(c).

(1)

If the executive secretary or complaints committee determines that an informal conference shall not be held, the executive secretary shall give written notice to the licensee or applicant of the facts or conduct alleged to warrant the intended disciplinary action and the licensee or applicant shall be given the opportunity to show, in writing and as described in the notice, compliance with all requirements of the Act and this chapter.

(2)

The complainant shall be sent a copy of the written notice described in paragraph (1) of this subsection. The complainant shall be informed that he or she may also submit a written statement to the board.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 21, 2001.

TRD-200102834

Debra Sue Douglas

Chairman

Texas State Board of Examiners of Perfusionists

Effective date: June 10, 2001

Proposal publication date: January 26, 2001

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

22 TAC §§761.10 - 761.20

The repeals are adopted under Texas Occupations Code, Chapter 603, which provides the Texas State Board of Examiners of Perfusionists with the authority to adopt rules concerning the regulation of Perfusionists.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 21, 2001.

TRD-200102835

Debra Sue Douglas

Chairman

Texas State Board of Examiners of Perfusionists

Effective date: June 10, 2001

Proposal publication date: January 26, 2001

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