Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 110.
ENTERAL CONSCIOUS SEDATION
22 TAC §110.2
The State Board of Dental Examiners adopts amendments to §110.2,
Permit, without changes to the text published in the November 30, 2001, issue
of the
Texas Register
(26 TexReg 9730) and
will not be republished.
This section is adopted to implement the requirements of Senate Bill 539,
Section 258.157, enacted by the 77th Texas Legislature. The rule provides
that a dentist who desires to use enteral conscious sedation must obtain an
enteral conscious sedation permit from the Board. A dentist may also administer
enteral conscious sedation if a dentist has a parenteral conscious sedation
permit or a deep/general sedation anesthesia permit. The rule at subsection
(b)(1) and (2) further provides that a dentist may request an on-site office
inspection and advisory opinion.
No comments were received regarding adoption of the proposal.
The amended rule is adopted under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry and Senate Bill 539, 77th Legislature,
2001, which requires the Board to adopt rules for the administration of enteral
conscious sedation.
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 January 22, 2002.
TRD-200200303
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Effective date: February 11, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 463-6400
22 TAC §110.4
The State Board of Dental Examiners adopts amendments to §110.4,
Effective Date, without changes to the text published in the November 30,
2001, issue of the
Texas Register
(26 TexReg
9732) and will not be republished.
The rule at subsection (a) and (b) provides that dentists who desire to
administer enteral conscious sedation must obtain a permit from the Board
not later than September 1, 2002. The date is extended from December 31, 2001
to September 1, 2002 pursuant to Senate Bill 539, 77th Legislature, 2001.
The Board, realizing that rule 110.2(f) establishes prerequisite criteria
in order to qualify for an enteral conscious permit, proposed the effective
date for §110.2 to be September 1, 2002. This is to allow dentists in
the state of Texas who do no have a parenteral conscious sedation permit or
a deep/general sedation anesthesia permit, but who wish to administer enteral
conscious sedation an adequate time period and opportunity to satisfy the
requirements of rule 110.2(f).
No comments were received regarding adoption of the proposal.
The amended rule is adopted under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry and Senate Bill 539, 77th Legislature,
2001, which requires the Board to adopt rules for the administration of enteral
conscious sedation.
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 January 22, 2002.
TRD-200200304
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Effective date: February 11, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 463-6400
Chapter 323.
POWERS AND DUTIES OF THE BOARD
22 TAC §323.4
The Texas Board of Physical Therapy Examiners adopts an amendment
to §323.4, Applications Review Committee, without changes to the proposed
text as published in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9502). The text of the rule will not be republished.
The amendment broadens the scope of the committee's duties to cover domestic-educated
as well as foreign-educated applicants.
The amendment deletes specific language regarding foreign-trained applicants.
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this 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 January 25, 2002.
TRD-200200456
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: February 14, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 305-6900
22 TAC §325.2
The Texas Board of Physical Therapy Examiners adopts the
repeal of §325.2, Quorum, without changes to the proposal as published
in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9503). The repeal of this rule will reduce the chance that
a scheduled meeting will not be held due to lack of a quorum.
The repeal is adopted without changes and will not be republished.
The repeal of this section will establish that the Board will rely on its
own statutory language designating the number of board members, and accepts
the traditional interpretation that a quorum is a simple majority of a board.
No comments were received regarding the repeal.
This section is repealed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this 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 January 25, 2002.
TRD-200200455
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: February 14, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 305-6900
22 TAC §347.1
The Texas Board of Physical Therapy Examiners adopts an amendment
to §347.1, Definitions, without changes to the proposed text as published
in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9503). However, the Board is reinserting the words "physical
therapy" into the chapter title. The words were left out inadvertently when
the proposed amendment was submitted. The text of the rule will not be republished.
The amendment will make the registration of facilities more efficient by identifying
the characteristics of a portable facility.
The amendment lists the conditions which must be met for a facility to
be considered portable.
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this 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 January 25, 2002.
TRD-200200454
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: February 14, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 305-6900
Chapter 425.
SUMMARY SUSPENSION
22 TAC §425.33
The Texas Commission on Private Security adopts new §425.33,
concerning Service of Notice in Non-Rulemaking Proceedings, without changes
to the proposed text as published in the July 27, 2001, issue of the
New §425.33 is adopted to govern notice of any summary suspension,
summary denial, imposition of penalty, preliminary hearing, pre-hearing conference,
hearing before the commission, notice of a contested case hearing before the
State Office of Administrative Hearings or Orders of the Commission per Chapter
2001, Government Code, Section 1702 of the Occupations Code.
No comments were received regarding adoption of the new rule.
The new section is adopted under 4413(29bb) V.A.C.S., Section
11.(a)(3) which provides the Texas Commission on Private Security with the
authority "to promulgate all rules and regulations necessary in carrying out
the provisions of this 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 January 28, 2002.
TRD-200200510
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Effective date: February 17, 2002
Proposal publication date: July 27, 2001
For further information, please call: (512) 936-2088
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Chapter 325.
ORGANIZATION OF THE BOARD
Chapter 347.
REGISTRATION OF PHYSICAL THERAPY FACILITIES
Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY
Chapter 430.
COMMISSIONED SECURITY OFFICERS