TITLE 25.HEALTH SERVICES

Part 1. TEXAS DEPARTMENT OF HEALTH

Chapter 313. ATHLETIC TRAINERS

Subchapter A. GENERAL GUIDELINES AND REQUIREMENTS

25 TAC §§313.9, 313.10, 313.12

The Advisory Board of Athletic Trainers (board) adopts amendments to §§313.9, 313.10 and 313.12 concerning the licensure and regulation of athletic trainers without changes to the proposed text as published in the November 2, 2001 issue of the Texas Register , (26 TexReg 8706), and therefore the sections will not be republished.

The sections are amended to accurately reflect that examination dates are set and announced by the board; to correct citations; to allow the board to issue a temporary license to persons who were licensed and allowed the license to expire; and to establish independent study courses and training as acceptable forms of continuing education.

The following comments were received during the comment period concerning the proposed amendments.

Comment: Concerning §313.10, the commenter supported the rules as proposed.

Response: The board agrees. No change was made as a result of this comment.

Comment: Concerning §313.12, the commenter recommended the board recognize university credit coursework.

Response: The board currently accepts university level coursework for continuing education. No change was made as a result of this comment.

The amendments are adopted under the Occupations Code, Chapter 451, §451.103, which authorizes the board to adopt rules necessary for the performance of its duties.

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 30, 2002.

TRD-200200586

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: February 19, 2002

Proposal publication date: November 2, 2001

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


Part 5. CENTER FOR RURAL HEALTH INITIATIVES

Chapter 500. EXECUTIVE COMMITTEE FOR THE CENTER FOR RURAL HEALTH INITIATIVES

Subchapter B. TEXAS OUTSTANDING RURAL SCHOLAR RECOGNITION PROGRAM

25 TAC §500.25

The Office of Rural Community Affairs (office) adopts amendments to §500.25, concerning the Outstanding Rural Scholar Recognition Program eligibility requirements for recognition. The amended section is adopted with changes to the proposed text as published in the November 23, 2001, issue of the Texas Register (26 TexReg 9508).

The section contains requirements for the Texas Outstanding Rural Scholar Recognition Program (ORS).

The purpose of the Outstanding Rural Scholar Recognition Program is to recognize, encourage, and financially support students in health care professions studies at institutions of higher education and to lead them to provide health care in rural communities in Texas.

The adopted amendment will inform prospective rural scholars of the eligibility requirements.

These rules were originally proposed by the Center for Rural Health Initiatives; however pursuant to House Bill 7 enacted by the 77th Texas Legislature, the center's rules have been transferred to the Office of Rural Community Affairs. All rules and decisions of the center continued as rules and decisions of the office under section 13 of House Bill 7. This includes the proposal of rules.

No comments were received on the proposal during the comment period; changes are needed to address House Bill 7. The following changes have been made in the section:

All references to the Center for Rural Health Initiatives (center) are changed to the Office of Rural Community Affairs (office).

The amendments are adopted under the Government Code, § 487.112 which provides the office with the authority to adopt rules concerning the Outstanding Rural Scholar Recognition Program, and §487.052, which allows the office to adopt rules to implement Chapter 487.

§500.25.Requirements for Forgiveness Loan.

(a) Eligibility Criteria for Forgiveness Loan.

(1) Initial Loan. To be eligible to apply for a forgiveness loan under this program, the student shall:

(A) meet the eligibility requirements and be recognized as an outstanding rural scholar;

(B) receive public recognition of the student's selection as an outstanding rural scholar. Each sponsor shall send the Office proof of public recognition of the student. Such recognition may include an announcement in local newspapers of the student's selection and public recognition of the student at civic gatherings or school assemblies;

(C) have the sponsor's commitment to provide 50% of the student's costs of education;

(D) not have defaulted on nor owe a refund on any state or federal aid.

(2) Subsequent Loan. A student who has received an initial loan shall have priority for subsequent loans provided the following requirements are satisfied:

(A) the student maintains satisfactory academic progress in the educational program in accordance with the prescribed degree plan;

(B) the student files a degree plan complete with graduation date;

(C) the student files a course plan, financial aid disclosure statement and grade report each academic term;

(D) the student completes the same number of credit hours for which the student enrolled at the beginning of the academic term each academic term, unless circumstances outside the student's control such as severe illness suffered by the student or a family member, or death of a family member have necessitated the student to reduce the credit load. The student shall present to the Office verification of the reason for dropping below the initial number of credit hours for which initially enrolled at the beginning of the academic term. Such verification may include a sworn affidavit from a qualified physician as to the student's or family member's health status, or a death certificate in the case of a death in the student's family. If the student repeatedly drops below the initial number of credit hours during the course of the academic program, the Office in concurrence with the sponsor shall determine whether the student is in breach of contract and whether the student should be discontinued from the program. However, the advisory committee may unilaterally recommend removal of a student from the program should the advisory committee determine that the student is not maintaining satisfactory academic progress to attain the prescribed degree; and

(E) state funds are available for subsequent loans.

(b) Application for Forgiveness Loan. The student shall submit the completed forgiveness loan application. The forgiveness loan application shall be in a form prescribed by the Office and may include but is not limited to:

(1) student personal information;

(2) health care professional education program the student is pursuing;

(3) name and relation of a cosigner for forgiveness loan;

(4) name of the academic institution the student shall attend;

(5) cost of attendance at the academic institution;

(6) other financial aid the student will receive;

(7) length of academic year;

(8) estimated graduation date;

(9) signature of financial aid officer;

(10) name and address of sponsoring rural community organization; and

(11) signature of sponsor representative.

(c) Conditions for Forgiveness Loan.

(1) The student shall use the proceeds of the forgiveness loan only for educational expenses at the agreed upon academic institution.

(2) The annual forgiveness loan shall not exceed the annual cost of attendance at the eligible academic institution the student attends.

(3) The cost of attendance shall be determined by the academic institution's financial aid office. A student may receive other financial aid in the form of grants, scholarships and loans for which the student may be eligible. However, it is recommended that the student decline any loans other than the forgiveness loan. The Office shall reduce the amount of the forgiveness loan by the amount of other financial aid a student receives in order that the total financial aid a student receives does not exceed the allowable cost of attendance as determined by the financial aid office.

(4) The executive director may authorize forgiveness loans to be awarded to eligible students provided the:

(A) student has submitted a forgiveness loan application;

(B) sponsor has executed a Memorandum of Understanding with the Office in which the sponsor agrees to provide 50% of the student's costs of attendance for the academic year;

(C) sponsor and the student have executed a contract with the Office in which the:

(i) sponsor agrees to provide 50% of the student's cost of attendance for the duration of the student's academic program as determined by the eligible academic institution;

(ii) sponsor agrees to provide a practice or employment opportunity for the student upon certification or licensure in the prescribed health care profession;

(iii) student agrees to provide a course plan, grade report or transcript and financial aid disclosure statement each academic term;

(iv) student agrees to complete the prescribed health care professional education program within the time period determined by the eligible academic institution for the specified degree;

(v) student agrees to attain certification or licensure in the prescribed health care profession;

(vi) in the case of medical students, the student agrees to complete a residency program in family practice, emergency medicine, general internal medicine, general pediatrics, general surgery, or general obstetrics and gynecology;

(vii) student agrees to return to the sponsoring rural community within 60 days of attaining certification or licensure or completing the prescribed residency program in the case of medical students;

(viii) student agrees to provide health care on a full-time basis in the sponsoring rural community for a period of obligated service equal to the same number of years loan support was provided;

(ix) office agrees to provide 50% of the student's cost of attendance for the duration of the student's academic program;

(x) office agrees to report the student's status to the sponsor at least once a year;

(xi) student agrees to coordinate with the sponsoring community regarding rural rotations, preceptorships or other programs in the sponsoring community; and

(xii) student agrees to meet with his or her sponsoring community annually in order for the participant to receive his or her check from the office to keep the sponsoring community and office informed of career goals, interns etc.

(d) Disbursement of Forgiveness Loan Funds. Disbursements shall be made according to a schedule determined by the Office. Before a disbursement is made:

(1) the student shall execute a promissory note with the Office to pay the forgiveness loan in the event of breach of contract. The promissory note must be cosigned:

(A) a cosigner of a promissory note executed under these rules shall be a person signing a note, other than the student, who is a citizen or permanent resident of the United States over 21 years of age and who is gainfully employed or otherwise demonstrates financial responsibility;

(B) a cosigner may be a relative other than the student's spouse and may not be a student;

(C) a cosigner is jointly and severally responsible for the promissory note in the event of breach of contract;

(2) the sponsor shall remit to the Office an amount equal to 50% of the disbursement; and

(3) a state warrant for the prescribed disbursement will be made payable to the student at the academic institution the student attends, and shall be sent to the financial aid office of the academic institution. Disbursements shall not be sent directly to the student.

(e) Refunds.

(1) A student shall be responsible for refunding the Office an amount equal to:

(A) the cost of attendance paid for courses not completed; and

(B) any amount of financial aid received from other sources.

(2) The Office may:

(A) deduct the refund from the student's next scheduled loan disbursement;

(B) request the financial aid office of the academic institution the student attends to remit an institutional check for the amount of the refund; or

(C) require the student to remit a personal check for the amount of the refund in the event the student will not receive any more loan disbursements.

(f) Loan Forgiveness.

(1) A student who receives a forgiveness loan under this program shall be forgiven the total forgiveness loan by providing full-time health care practice for an obligated period of service equal to 12 months for each year loan support is provided. If employment is on less than a full-time basis, forgiveness shall be prorated.

(2) The obligated period of service shall begin on the date full-time employment or practice begins in the sponsoring rural community after the student has become certified or licensed in the health care profession for which sponsored.

(3) Only outstanding principal and interest remaining unpaid shall be eligible for forgiveness.

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 31, 2002.

TRD-200200600

Robt. J. "Sam" Tessen

Executive Director

Center for Rural Health Initiatives

Effective date: February 20, 2002

Proposal publication date: November 23, 2001

For further information, please call: (512) 936-6710


Subchapter J. DESIGNATION OF A HOSPITAL AS A RURAL HOSPITAL

25 TAC §§500.701, 500.703, 500.705, 500.707

The Office of Rural Community Affairs (Office) adopts new §§500. 701, 500.703, 500.705, and 500.707, relating to the designation of a hospital as a rural hospital. New §§500.701, 500.705, and 500.707 are adopted with changes to the proposed text as published in the November 23, 2001, issue of the Texas Register (26 TexReg 9510). Section 500.703 is adopted without changes to the proposed text and will not be republished.

These rules are adopted to implement the federal laws cited in the rules and House Bill (HB) 7 passed during the 77th Texas Legislature.

The Office's criteria for determining the eligibility of urban hospitals to be designated as rural hospitals is derived from the criteria that was established previously under the critical access hospital program, also administered by the Office. The four criteria can be easily found and verified. It is the goal of the Office to ensure that the process not be an onerous one and that the decision to seek such a designation be initiated by the hospital.

These rules were originally proposed by the Center for Rural Health Initiatives; however pursuant to House Bill 7, the Center's rules have been transferred to the Office of Rural Community Affairs. All rules and decisions of the Center are continued as rules and decisions of the Office under section 13 of House Bill 7. This includes the proposal of rules.

No comments were received on the proposal during the comment period; however, changes are needed to address House Bill 7. The following changes have been made:

In §500.701(a) (42 United States Code §1395) is changed to (42 United States Code §1395l) and (42 United States Code §1395) is changed to (42 United States Code §1395i-4). The citations are changed due to the Federal Public Law.

In §500.701(d) the Health and Safety Code §106.020 changed to the Government Code §487.401 as a result of HB 7 becoming law.

All references to the Center for Rural Health Initiatives (Center) are changed to the Office of Rural Community Affairs (Office).

In §500.705(b)(2) the word "and" is changed to "land". This change is a result of the designation criteria.

In §500.707(b)(3) the wording is stricken after license to clarify the procedures for designation.

In §500.707(b)(4) the word "director" is changed to "directors". This is a grammatical change.

The new sections are adopted under the Government Code, §487.401 which provides the Office with the authority to adopt rules concerning the designation of a hospital as a rural hospital, and §487.052 which allows the Office to adopt rules to implement Chapter 487.

§500.701.Purpose.

(a) Federal Public Law 106-113 (also known as H.R. 3426), Title IV-Rural Provider Provisions, Section 401. Permitting Reclassification of Certain Urban Hospitals as Rural Hospitals provides procedures under which certain urban hospitals may apply for reclassification as rural hospitals for all purposes under the Medicare inpatient hospital prospective payment system (42 United States Code §1395ww), the Medicare prospective payment for hospital outpatient department services (42 United States Code §1395l), and the Medicare rural hospital flexibility program including designation of critical access hospitals (42 United States Code §1395i-4).

(b) The federal law allows a hospital for these Medicare purposes to be treated as being located in the rural area of the state in which the hospital is located if the hospital satisfies certain criteria stated in the law.

(c) The statutory criteria in pertinent part is that the hospital applying for reclassification is located in an area designated by any law or regulation of the state as a rural area or is designated by the state as a rural hospital.

(d) The Government Code, §487.401 (enacted by Acts 2001, 77th Legislature, Chapter 1424 (House Bill 7) requires the Office to adopt rules that establish a procedure for designating a hospital as a rural hospital in order for the hospital to qualify for federal funds under federal regulations relating to Medicare prospective payment systems for inpatient hospital services. Federal law then allows use of the state's designation for the other purposes discussed in this section.

(e) This subchapter establishes the procedure under which the Office will designate a hospital as a rural hospital. Once a hospital has received its designation from the Office under this subchapter, the hospital must submit an application directly to the Centers for Medicare and Medicaid Services (CMS) seeking reclassification under Medicare provisions.

§500.705.Designation Criteria.

(a) The hospital being considered must meet all four of the criteria established in subsection (b) of this section.

(b) The hospital must be located in:

(1) a county with a population of 75,000 persons or less;

(2) a county with a population density of less than 100 persons per square mile of land area;

(3) a municipality of 10,000 persons or less; and

(4) a rural census tract

§500.707.Procedures for Designation.

(a) The Office will accept a request for designation only by letter.

(b) The request must include the following:

(1) name of the county(s) in which the hospital is physically located;

(2) name of the municipality(s) in which the hospital is physically located;

(3) name of the hospital as it appears on its hospital license; and

(4) signature of the chief administrative Officer or chairperson of the hospital's board of directors.

(c) The Office will complete its review based on the criteria in this subchapter and render a decision within seven working days of the Office's receipt of a completed request.

(d) The Office will notify the requesting hospital of its final decision.

(e) The hospital is responsible for applying to CMS for reclassification under Medicare provisions.

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 31, 2002.

TRD-200200599

Robt. J. "Sam" Tessen

Executive Director

Center for Rural Health Initiatives

Effective date: February 20, 2002

Proposal publication date: November 23, 2001

For further information, please call: (512) 936-6710


Subchapter K. RURAL COMMUNITIES HEALTH CARE INVESTMENT PROGRAM

25 TAC §§500.801, 500.803, 500.805, 500.807, 500.809

The Office of Rural Community Affairs (Office) adopts new §§500.801, 500.803, 500.805, 500.807 and 500.809, concerning the Rural Communities Health Care Investment Program (Investment Program). Specifically, these rules cover definitions; purpose, administration and duties of the Investment Program; administration and use of funds; contracts; and advisory committee. The new sections are adopted with changes to the proposed text as published in the November 23, 2001, issue of the Texas Register (26 TexReg 9511).

The Investment Program is established under the Health and Safety Code, Chapter 106, Subchapter H, §§106.301 - 106.310 enacted in Senate Bill 126 by the 77th Texas Legislature. Although Section 11 of House Bill 7 repeals Chapter 106, the Code Construction Act, Government Code, §311.025 requires that if amendments (i.e., House Bill 7 and Senate Bill 126) to the same law are enacted at the same legislative session without reference to each other, the amendments should be harmonized, if possible, to give effect to each one. In this case Senate Bill 126 can be given effect by recognizing that House Bill 7 repealed the pre-existing provisions of Chapter 106. There is no indication that the Legislature intended to also repeal the new provisions in Senate Bill 126.

The rules will assist the Office in implementing the Investment Program, which is designed to attract and retain rural health care professionals.

These rules were originally proposed by the Center for Rural Health Initiatives; however pursuant to House Bill 7 enacted by the 77th Texas Legislature, the Center's rules have been transferred to the Office of Rural Community Affairs. All rules and decisions of the Center are continued as rules of the Office under section 13 of House Bill 7. This includes the proposal of rules.

No comments were received on the proposal during the comment period; however, changes are needed to address the following changes:

All references of the Center for Rural Health Initiatives (Center) are changed to the Office of Rural Community Affairs (Office).

In §500.801(6) a semicolon is inserted after "less," the word "and" is deleted, and a semicolon is added after "underserved area." These changes reflect the definition in law.

In §500.803(c) a period is inserted after "Office". The remaining words are deleted as unnecessary.

In §500.803(d)(7) the word "and" is deleted as a result of adding paragraphs(9) and (10).

In §500.803(d)(8) the period is changed to a semicolon as a result of adding paragraphs (9) and (10).

In §500.803(d)(9) is added and reads as follows, "assurance that recipients provide access to government-funded health benefit programs in qualifying communities, as evidenced by affidavits submitted to the Office annually by the recipients;". This wording is added to meet the requirements in the law at §106.306(4).

In §500.803(d)(10) is added and reads as follows, "the requirement that the benefiting community assist the Office in contracting with the recipients." This wording is added to meet requirements in the law at §106.306(9).

In §500.807(e)(1) new wording is added to explain the penalty. This wording explains how this rule fits the statutory language.

In §500.807(e)(3) a period is inserted after the word "fees" to end the sentence regarding the liability of the health professionals.

In §500.809 "(a)" is inserted because subsections (b), (c), and (d) are added. Subsections (b) - (d) are added because the Government Code, Chapter 2110 relates to the advisory committees of state agencies and requires agencies to adopt rules on the purpose, tasks, and reporting of the agency's advisory committee. The language reads as follows:

(b) The purpose of the panel is to advise the executive committee.

(c) The tasks of the panel are to assist with the program and provide input regarding the program.

(d) The panel will report to the Executive Committee in writing at least annually.

The new sections are adopted under the Health and Safety Code, §106.306 that provides the Office's executive committee with the authority to adopt rules concerning the Investment Program and Government Code, §487.052, which allows the Office to adopt rules to implement Chapter 487.

§500.801.Definition of Terms.

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

(1) Advisory Panel--a committee appointed by the Office of Rural Community Affairs which assists the Office in recruiting and retaining health professionals in medically underserved areas in the State of Texas.

(2) Office--the Office of Rural Community Affairs established by the 77th Legislature.

(3) Executive Committee--the nine member governing body of the Office, appointed by the governor, lieutenant governor, and speaker.

(4) Health professional--any provider of health care or health related services, other than a physician, who holds a license, certificate, registration, permit or other authorization required by law or a state agency rule that the individual must obtain in order to practice in a health care profession.

(5) Investment Program--the Rural Communities Health Care Investment Program that was created to attract and retain rural health professionals.

(6) Medically Underserved Community--a community that is located in a county with a population of 50,000 residents or less; which has been designated under state or federal law as either a health professional shortage or medically underserved area; or which the Office has designated as a medically underserved area.

(7) Permanent endowment fund--a special state treasury fund, outside general revenue, that supports the Investment Program.

(8) Recipient--an eligible health professional or student in a degree program preparing to become a health professional who receives a loan reimbursement or stipend through the Investment Program.

§500.803.The Purpose, Administration, and Duties of the Rural Communities Health Care Investment Program.

(a) The Investment Program assists rural communities in the recruitment and retention of health professionals to their community.

(b) The Investment Program seeks state and federal funds that are intended to further economic development in rural areas.

(c) The Investment Program is administered by the Office.

(d) The Investment Program attracts and retains health professionals through assisting medically underserved communities in recruiting health professionals to practice in those communities by providing:

(1) loan reimbursement for health professionals who serve in those communities;

(2) a stipend, payable in periodic installments, to health professionals who agree to serve in those communities;

(3) reasonable efforts to contract with health professionals from a variety of health professions;

(4) encouragement of the use of telecommunications or telemedicine, as appropriate;

(5) priority of the provision of loan reimbursements and stipends to:

(A) health professionals ineligible for any other state loan forgiveness, loan repayment or stipend;

(B) health professionals who are graduates of health professional degree programs in this state; and

(C) health professionals that use telecommunications, as appropriate;

(6) priority to a medically underserved community of a recipient's services if the community contributes to the cost of the loan reimbursement or stipend;

(7) the requirement that a medically underserved community engage in actions designed to recruit and retain the loan reimbursement or stipend recipient who will serve that community;

(8) the designation of certain areas of the state as medically underserved;

(9) assurance that recipients provide access to government-funded health benefit programs in qualifying communities, as evidenced by affidavits submitted to the Office annually by the recipients; and

(10) the requirement that the benefiting community assist the Office in contracting with the recipients.

§500.805.Administration and Use of Funds.

(a) The permanent endowment fund is composed of:

(1) money transferred at the direction of the legislature;

(2) gifts and grant contributions which may be solicited and accepted by the comptroller or the Office, subject to any limitation or requirement placed on the gift or grant by the donor or granting entity;

(3) investment returns; and

(4) amounts recovered for breach of contract.

(b) The fund may be administered by the Office or at the Office's option, the Comptroller.

(c) The Office or the comptroller shall invest the fund in a manner intended to preserve the purchasing power of the fund's assets and the fund's annual distributions.

(d) Annual fund distributions shall be determined by the investment and distribution policy adopted by the administrator of the fund's assets.

(e) The amount available for distribution from the fund, including any gift or grant, may be appropriated only for stipend and loan reimbursement provisions or fund management expenses.

(f) The Office shall provide a report on the endowment fund to the Legislative Budget Board no later than November 1 of each year.

§500.807.Contracts.

(a) A health professional may receive assistance under this subchapter only if the health professional signs a contract agreeing to provide health care services in a medically underserved community.

(b) A student enrolled in a health professional degree program may contract with the Office for the loan reimbursement program prior to obtaining the license required to practice as a health professional.

(c) The Office may contract with a health professional for part-time services under the stipend program.

(d) A health professional that participates in any loan reimbursement program is not eligible for a stipend.

(e) A contract under this section must provide that a health professional that does not provide the required services to the community or provides those services for less than the required time is personally liable to the state for:

(1) two times the total amount of assistance the health professional received from the Office and the medically underserved community. This is the amount of the assistance plus a penalty in the same amount;

(2) interest on the amount, equal to the prime rate accrued quarterly; and

(3) the state's reasonable expenses incurred in obtaining payment, including a reasonable attorney's fees.

(f) The participating health professional must establish an Office and residence in the medically underserved area before receiving any portion of the stipend.

§500.809.Advisory Committee.

(a) The Advisory Committee is appointed by the Office to assist in the Office's duties. The advisory panel must consist of at least the following:

(1) one representative from the Texas Higher Education Coordination Board;

(2) one representative from the institutions of higher education that offer degrees in health professions that are relevant to the Investment Program;

(3) one representative from a hospital in a medically underserved community;

(4) one physician practicing in a medically underserved community;

(5) one health professional, other than a physician, practicing in a medically underserved community; and

(6) one public representative who resides in a medically underserved community.

(b) The purpose of the panel is to advise the executive committee.

(c) The tasks of the panel are to assist with the program and provide input regarding the program.

(d) The panel will report to the Executive Committee in writing at least annually.

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 31, 2002.

TRD-200200601

Robt. J. "Sam" Tessen

Executive Director

Center for Rural Health Initiatives

Effective date: February 20, 2002

Proposal publication date: November 23, 2001

For further information, please call: (512) 936-6710


Part 8. INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION

Chapter 621. EARLY CHILDHOOD INTERVENTION

Subchapter B. EARLY CHILDHOOD INTERVENTION SERVICE DELIVERY

25 TAC §621.34

The Interagency Council on Early Childhood Intervention adopts new §621.34, concerning purchasing and contract management, without changes to the proposed text as published in the December 14, 2001, issue of the Texas Register (26 TexReg 10220).

The new section is being adopted because the Texas Government Code §2161.003 requires each state agency to adopt the General Services Commission rules regarding the Historically Underutilized Business (HUB) Program as the agency's own. In addition, rules of the Health and Human Services Commission (HHSC) require health and human service agencies to have purchasing procedures in place that are consistent with HHSC purchasing rules. Finally, the Government Code §2260.052 requires units of state government to develop rules to govern the negotiation and mediation of a claim under that section of the Government Code relating to negotiation of a claim for breach of contract. The Interagency Council on Early Childhood Intervention (Council) includes a contract provision in all its contracts relating to negotiation, but no rule has yet been adopted.

No comments were received regarding adoption of the new section.

The new section is adopted under the Texas Government Code, §2161.003, which requires each state agency to adopt the General Services Commission rules regarding the Historically Underutilized Business (HUB) Program as the agency's own. In addition, rules of the Health and Human Services Commission (HHSC) require health and human service agencies to have purchasing procedures in place that are consistent with HHSC purchasing rules. Finally, the Government Code §2260.052 requires units of state government to develop rules to govern the negotiation and mediation of a claim under that section of the Government Code relating to negotiation of a claim for breach of contract.

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 February 4, 2002.

TRD-200200662

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Effective date: February 24, 2002

Proposal publication date: December 14, 2001

For further information, please call: (512) 424-6750


Subchapter E. AGENCY ADMINISTRATION

25 TAC §621.71

The Interagency Council on Early Childhood Intervention adopts new §621.71, concerning agency administration, without changes to the proposed text as published in the December 14, 2001, issue of the Texas Register (26 TexReg 10221).

This section was inadvertently published under Subchapter D, regarding early childhood intervention advisory committee. The section is being adopted as it should have been proposed under new Subchapter E, regarding agency administration.

The new section is being adopted in accordance with the Texas Government Code, §656.048 and §656.102, which directs state agencies to adopt rules and policies relating to employee training and education. The Interagency Council on Early Childhood Intervention (Council) has a state policy regarding employee education and training (ECI State Office Policy No.4.08) as per §656.102. The following rules are intended to meet the requirements of §656.048.

No comments were received regarding adoption of the new section.

The new section is adopted under the Texas Government Code, §656.048 and §656.102, which directs state agencies to adopt rules and policies relating to employee training and education.

No other statutes, articles or codes are affected by the proposal.

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 February 4, 2002.

TRD-200200663

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Effective date: February 24, 2002

Proposal publication date: December 14, 2001

For further information, please call: (512) 424-6750