Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 13.
HEALTH PLANNING AND RESOURCE DEVELOPMENT
Subchapter C. DESIGNATION OF SITES SERVING MEDICALLY UNDERSERVED POPULATIONS
25 TAC §§13.31 - 13.34
The Texas Department of Health (department) adopts amendments
to §§13.31-13.34 regarding the designation of sites serving medically
underserved populations. The sections are adopted without changes to the proposed
text as published in the March 9, 2001, issue of the
Texas Register
(26 TexReg 1975), and therefore the sections will not
be republished.
In accordance with the requirements of the Government Code, §2001.039
and the General Appropriations Act, 76th Legislature, Article IX, §9-10.13,
the department has determined that reasons for adopting the sections continue
to exist in that rules on this subject are needed; however the sections need
revision as described in this preamble.
The department published a Notice of Intention to Review in the
Texas Register
on February 12, 1999 (24 TexReg 1001). No comments were
received based on that notice.
Specifically, the Occupations Code, §157.052 requires the department
to designate two types of sites serving medically underserved populations:
(1) a site located in an area in which the department determines there is
an insufficient number of physicians providing services to eligible clients
of federal, state, or locally funded health care programs, and (2) a site
that the department determines serves a disproportionate number of clients
eligible to participate in federal, state, or locally funded health care programs.
The amended sections include purpose and scope, definitions, criteria for
designating sites serving medically underserved populations, and application
process. Amended §13.31 updates obsolete legal citations and corrects
a reference. Amended §13.32 updates obsolete language regarding state
funded health care programs and removes an obsolete legal citation. Amended §13.33
revises language to correspond with the definition of "eligible client population"
as defined in §13.32. Amended §13.34 clarifies the information required
in the application process and updates the mailing information for applications.
No comments were received concerning the proposed rules during the comment
period.
The sections are adopted under the Occupations Code, §157.052
which authorizes the Board of Health (board) to adopt rules relating to the
designation of sites serving medically underserved populations; and the Health
and Safety Code, §12.001 which provides the board with the authority
to adopt rules for the performance of every duty imposed by law on the board,
the department and the Commissioner of Health.
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-200102839
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 10, 2001
Proposal publication date: March 9, 2001
For further information, please call: (512) 458-7236
25 TAC §§13.41 - 13.44
The Texas Department of Health (department) adopts the repeal
of §§13.41-13.44 concerning administration of the resident physician
compensation program. The repeal of these sections is adopted without changes
to the proposed text as published in the March 9, 2001, issue of the
Specifically, the sections cover purpose and scope; define terms used in
the rules; define limits on reimbursement amounts; and describe methods of
reimbursement. The repeal of these sections is necessary because the legislature
transferred the responsibility for the program to the Texas Higher Education
Coordinating Board on September 1, 1995.
In accordance with the requirements of the Government Code, §2001.039
and the General Appropriations Act, 76th Legislature, Article IX, §9-10.13,
the sections have been reviewed and the department has determined that reasons
for adopting the sections no longer exist.
The department published a Notice of Intention to Review in the
Texas Register
on February 12, 1999 (24 Tex Reg 1001). No comments
were received based on that notice.
No comments were received on the proposal during the comment period.
The repeals are adopted under the Health and Safety Code, §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for the performance of every duty imposed by law on the board, the department,
and the Commissioner of Health.
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-200102838
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 10, 2001
Proposal publication date: March 9, 2001
For further information, please call: (512) 458-7236
25 TAC §§129.1 - 129.4, 129.8, 129.9, 129.11 - 129.13
The Texas Department of Health (department) adopts amendments
to §§129.1 - 129.4, 129.8, 129.9, and 129.11 - 129.13 concerning
the voluntary registration and regulation of dispensing opticians. Section
129.9 is adopted with changes to the proposed text as published in the February
2, 2001, issue of the
Texas Register
(26 TexReg
1085). Sections 129.1 - 129.4, 129.8, and 129.11 - 129.13 are adopted without
changes, and therefore the sections will not be republished.
The department published a Notice of Intention to Review the sections as
required by the Government Code, §2001.039 in the
Texas Register
on May 5, 2000, (25 TexReg 4196). No comments were received
in response to the notice.
The Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Each section
was reviewed and the department determined that the reasons for adopting the
sections continue to exist. The sections were edited to improve draftsmanship
and make the rules more accessible, understandable, and usable. Additionally,
amendments are necessary to reflect changes in citations created by House
Bill 3155, 76th Legislature, 1999, and to implement provisions of House Bill
2085, 76th Legislature, 1999.
Changes made to the proposed text resulted from comments received during
the comment period. The details of the changes are described in the summary
of comments that follow.
The following comment was received concerning the proposed rules. Following
the comment is the department's response and any resulting change(s).
Comment: Concerning §129.9(b), one commenter suggested changing "classroom
hours" to "contact hours" because using the term classroom hours does not
distinguish between semester credit hours, continuing education units, or
contact hours.
Response: The department agrees that the term "contact hours" more accurately
describes the requirement and has modified the language.
The comment was received from an individual who was generally in favor
of the rules and suggested recommendations for change as discussed in the
summary of comment.
The amendments are adopted under Texas Occupations Code, Chapter
352, which provides the Board of Health (board) with the authority to adopt
rules; 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.
§129.9.Requirements for Continuing Education.
(a)
Purpose. The purpose of this section is to establish the
continuing education requirements a registrant shall meet annually to maintain
registration. The requirements are intended to maintain and improve the quality
of services provided to the public by registered spectacle dispensing opticians
and registered contact lens dispensers. Continuing education credit includes
programs beyond the basic preparation which are designed to promote and enrich
knowledge, improve skills, and develop attitudes for the enhancement of dispensing
opticians, thus improving health care to the public. The Texas Department
of Health (department) assumes dispensing opticians will maintain the high
standards of the profession in selecting quality educational programs to fulfill
the continuing education requirements.
(b)
Number of hours required. Proof of having earned five contact
hours of continuing education credit in each area for which the registrant
is renewing shall be required at the time of renewal for each registration.
A contact hour is 50 minutes.
(1)
The hours must have been completed within 12 months prior
to the date of expiration of the registration.
(2)
For a registered spectacle dispensing optician the hours
must be offered or approved by the American Board of Opticianry. For a registered
contact lens dispenser the hours must be offered or approved by the National
Contact Lens Examiners.
(3)
If applying for dual registration renewal the applicant
must have a total of 10 contact hours of continuing education. Five contact
hours must be offered or approved by the American Board of Opticianry and
five contact hours must be offered or approved by the National Contact Lens
Examiners.
(c)
Records. The registrant shall be responsible for maintaining
a record of his or her continuing education experiences. The certificates,
diplomas, or other documentation verifying earning of the continuing education
hours are not to be forwarded to the department at the time of renewal unless
the registrant has been selected for audit by the department. Only the completed
continuing education report form should accompany the renewal form and fee
if the registrant has not been selected for audit.
(d)
Audit process.
(1)
The department shall select for audit a random sample of
registrants for each renewal month. Audit forms shall be sent to the selected
registrants at the time the renewal notice is mailed.
(2)
All registrants selected for audit will furnish documentation
such as official transcripts, certificates, diplomas, receipts, agendas, programs,
or an affidavit identifying the continuing education experience satisfactory
to the department, to verify proof of having earned the continuing education
hours listed on the continuing education report form. The documentation must
be provided at the time the renewal form is returned to the department.
(3)
Failure to timely furnish this information or knowingly
providing false information in the audit process or during the renewal process
are grounds for suspension or revocation of the registration.
(e)
Accrual carryover. Earned continuing education hours exceeding
the minimum requirements in a previous renewal period shall first be applied
to the continuing education requirements for the current renewal period. A
maximum of five additional clock hours may be accrued during a registration
period to be applied to the next consecutive renewal period. A maximum of
10 additional clock hours may be accrued for dual registrants during a registration
period to be applied to the next consecutive renewal period.
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-200102840
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 10, 2001
Proposal publication date: February 2, 2001
For further information, please call: (512) 458-7236
25 TAC §130.2, §130.3
The Texas Department of Health (department) adopts the repeal
of §130.19, amendment to §130.2 and new §130.3 concerning the
Code Enforcement Officers' Advisory Committee. The sections are adopted without
changes to the proposed text as published in the February 2, 2001, issue of
the
Texas Register
(26 TexReg 1087), and therefore
the sections will not be republished.
The sections cover definitions and the establishment, structure, and composition
of a Code Enforcement Officers' Advisory Committee. The rules are necessary
to separate the Sanitarian/Code Enforcement Officers' Advisory Committee into
the Registered Sanitarian Advisory Committee in Chapter 265 of this title
and the Code Enforcement Officers' Advisory Committee in this chapter.
The following comments were received concerning the proposed rules. Following
each comment is the department's response and any resulting changes.
Comment: Seven commenters expressed support for the rules as proposed.
Response: No changes were made as a result of the comments.
Six individuals and one professional association, the Texas Environmental
Health Association (TEHA), provided comments in favor of the rules as proposed.
The amendment and new section are adopted under the Texas Health
and Safety Code, §11.016, which allows the Board of Health (board) to
establish advisory committees; 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.
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-200102837
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 10, 2001
Proposal publication date: February 2, 2001
For further information, please call: (512) 458-7236
25 TAC §130.19
The repeal is adopted under the Texas Health and Safety Code, §11.016,
which allows the Board of Health (board) to establish advisory committees;
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.
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-200102836
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 10, 2001
Proposal publication date: February 2, 2001
For further information, please call: (512) 458-7236
Subchapter J. ADVISORY COMMITTEE
Subchapter D. ADMINISTRATION OF THE RESIDENT PHYSICIAN COMPENSATION PROGRAM
Chapter 129.
OPTICIANS' REGISTRY
Chapter 130.
CODE ENFORCEMENT REGISTRY
Chapter 265.
GENERAL SANITATION