Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51
PRACTICE AND PROCEDURE
Subchapter D. BARBER SHOPS
22 TAC §51.93
The Texas State Board of Barber Examiners adopts new §51.93,
concerning Sanitation Rules for Barber Shops, Schools and Colleges without
changes to the proposed text as published in the April 26, 2002, issue of
the
Texas Register
(27 TexReg 3421) and will
not be republished. The new rule is pursuant to Senate Bill 660, 77th Texas
Legislature, Regular Session, and sets forth the criteria governing sanitary
conditions of barber shops, barber schools and colleges.
Public comment was received from Nancy King, Director, Association of Electric
File Manufacturers. She suggested that all tools and implements that come
in direct contract with a patron must be disinfected by total immersion in
an EPA disinfectant and that an ultraviolet cabinet is not an accepted method
of disinfection. The Board noted that a germicidal ultraviolet light is mentioned
in the rule but that an ultraviolet cabinet is not mentioned in the rule;
further, the germicidal ultraviolet light that is mentioned in the rule is
in addition to an EPA-approved disinfectant, germicide, or bactericide. Further,
the Board noted that total immersion would be inappropriate for some barbering
tools, e.g., clippers. Accordingly, the Board adopted the proposed rule without
the suggestions from Nancy King.
The new rule is adopted under the Texas Occupations Code, Chapter
1601, §1601.152, which directs the board to adopt reasonable rules on
sanitation for the operation of barber shops, specialty shops, and barber
schools, and Chapter 1601, §1601.151, which vests the board with the
authority to make and enforce all rules and regulations necessary for the
performance of its duties, to establish standards of conduct and ethics for
all persons licensed or practicing under the provision of the Texas Barber
Law, and to regulate the practice and teaching of barbering in keeping with
the intent of the Texas Barber Law and to ensure strict compliance with the
Texas Barber Law.
No other article or statute is affected by this new rule.
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 June 21, 2002.
TRD-200203919
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Effective date: July 11, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 458-1091
22 TAC §51.121
The Texas State Board of Barber Examiners adopts an amendment
to §51.121, concerning Barber Inspector without changes to the proposed
text as published in the April 26, 2002, issue of the
Texas Register
(27 TexReg 3422) and will not be republished. The amendment
provides that an applicant for the position of barber inspector must be a
licensed barber and must have practiced barbering for at least three (rather
than five) years immediately prior to applying for the position of barber
inspector.
The amendment is adopted under the Texas Occupations Code, §§1601.101
and 1601.104, and 1601.151 which vests the board with the authority to make
and enforce all rules and regulations necessary for the performance of its
duties, to establish standards of conduct and ethics for all persons licensed
or practicing under the provision of the Texas Barber Law, and to regulate
the practice and teaching of barbering in keeping with the intent of the Texas
Barber Law and to ensure strict compliance with the Texas Barber Law.
No other article or statute is affected by this amendment.
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 June 21, 2002.
TRD-200203920
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Effective date: July 11, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 458-1091
22 TAC §51.131
The Texas State Board of Barber Examiners adopts amendments
to §51.131, concerning Informal Disposition without changes to the proposed
text as published in the April 26, 2002, issue of the
Texas Register
(27 TexReg 3423) and will not be republished. The proposed
amendments are pursuant to the Texas Occupations Code, §1601.706. The
amendments rename §51.131 Informal Disposition as Administrative Procedures
Regarding Disciplinary Actions Against Licensees and adds a subsection (b)
such that the Executive Director may sign a Board Order once a Proposal for
Decision has been ratified by the Board.
The amendments are adopted under the Texas Occupations Code,
Chapter 1601, §1601.706 and the Texas Occupations Code, §1601.151
which vest the board with the authority to make and enforce all rules and
regulations necessary for the performance of its duties, to establish standards
of conduct and ethics for all persons licensed or practicing under the provision
of the Texas Barber Law, and to regulate the practice and teaching of barbering
in keeping with the intent of the Texas Barber Law and to ensure strict compliance
with the Texas Barber Law.
No other article or statute is affected by this amendment.
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 June 21, 2002.
TRD-200203921
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Effective date: July 11, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 458-1091
22 TAC §51.141
The Texas State Board of Barber Examiners adopts amendments
to §51.141, concerning Definitions without changes to the proposed text
as published in the April 26, 2002, issue of the
Texas Register
(27 TexReg 3424) and will not be republished. The amendments
provide that (1) the use of any blade, drill, or cutting tool for the purpose
of removing corns or calluses is considered a medical practice and is prohibited
and that (2) the use of any drill or similar tool designed for use by a manicurist
or pedicurist is prohibited without proof of certification of training of
that manicurist or pedicurist through a program approved by the Texas State
Board of Barber Examiners.
Public comment was received from Nancy King, Director, Association of Electric
File Manufacturers. Mrs. King's comments were responses to questions asked
by board staff and did not pertain to the substance of the rule. Accordingly,
the board adopted the amendments without changes.
The amendments are adopted under the Texas Occupations Code, §1601.151
which vests the board with the authority to make and enforce all rules and
regulations necessary for the performance of its duties, to establish standards
of conduct and ethics for all persons licensed or practicing under the provision
of the Texas Barber Law, and to regulate the practice and teaching of barbering
in keeping with the intent of the Texas Barber Law and to ensure strict compliance
with the Texas Barber Law.
No other article or statute is affected by this amendment.
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 June 21, 2002.
TRD-200203922
Douglas A. Beran, Ph.D.
Executive Director
Texas State Board of Barber Examiners
Effective date: July 11, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 458-1091
Chapter 465.
RULES OF PRACTICE
22 TAC §465.38
The Texas State Board of Examiners of Psychologists adopts
amendments to §465.38, concerning Psychological Services in the Schools,
without changes to the proposed text as published in the April 26, 2002, issue
of the
Texas Register
(27 TexReg 3427).
The amendments are being adopted in order to clarify that non-LSSPs may
not perform contracted school psychological services.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203848
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 9, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.8
The Texas State Board of Examiners of Psychologists adopts
amendments to §470.8, concerning Informal Disposition of Complaints,
without changes to the proposed text as published in the April 26, 2002, issue
of the
Texas Register
(27 TexReg 3428).
The amendments are being adopted in order to clarify that the Disciplinary
Review Panel cannot issue a default judgment against a licensee who does not
appear at an informal conference and to make clear that informal conferences
will occur in executive session in order to preserve the confidentiality of
the ongoing investigation.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203849
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 9, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.11
The Texas State Board of Examiners of Psychologists adopts
new Board rule §470.11, concerning Service in Non-rulemaking Proceedings,
without changes to the proposed text as published in the April 26, 2002, issue
of the
Texas Register
(27 TexReg 3428).
The new rule is being adopted in order to clarify the appropriate form
of service upon parties in contested case proceedings.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rule is adopted under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203850
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 9, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.18
The Texas State Board of Examiners of Psychologists adopts
new Board rule §470.18, concerning The Record, without changes to the
proposed text as published in the April 26, 2002, issue of the
Texas Register
(27 TexReg 3429).
The new rule is being adopted in order to clarify what the Board may appropriately
consider in terms of evidence when hearing a contested case. The rule conforms
to the requirements of the Administrative Procedure Act (Chapter 2001, Texas
Government Code).
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rule is adopted under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203851
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 9, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.20
The Texas State Board of Examiners of Psychologists adopts
new Board rule §470.20, concerning Computation of Time, without changes
to the proposed text as published in the April 26, 2002, issue of the
The new rule is being adopted in order to clarify how time is computed
for purposes of deadlines which exist in the rest of Chapter 470, as well
as other deadlines established by the State Office of Administrative Hearings
and for proceedings under Chapter 2001 of the Texas Government Code (the Administrative
Procedure Act).
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rule is adopted under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203852
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 9, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §470.21
The Texas State Board of Examiners of Psychologists adopts
amendments to §470.21, concerning Disciplinary Guidelines, without changes
to the proposed text as published in the April 26, 2002, issue of the
The amendments are being adopted in order to clarify that reprimands are
not for specific periods of time, but are a one-time disciplinary action against
a license.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203853
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 9, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §473.1, §473.2
The Texas State Board of Examiners of Psychologists adopts
amendments to §473.1, concerning Application Fees (Not Refundable), and §473.2,
concerning Examination Fees (Not Refundable) without changes to the proposed
text as published in the April 26, 2002, issue of the
Texas Register
(27 TexReg 3430).
The amendments are being adopted in order to fulfill requirements of contingent
revenue for Fiscal Year 2002-2003 appropriations for the Board. The amendments
were previously adopted on an emergency basis to enable the agency to comply
with House Bill 604 mandating an internal audit of the agency by the 77th
Legislature.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203854
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 9, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §473.3
The Texas State Board of Examiners of Psychologists adopts
the repeal of §473.3, concerning Annual Renewal Fees (Not Refundable),
without changes to the proposed text as published in the April 26, 2002, issue
of the
Texas Register
(27 TexReg 3431).
The repeal is being adopted in order to clarify fee changes in new Board
rule §473.3.
The adopted repeal will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203855
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: September 1, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §473.3
The Texas State Board of Examiners of Psychologists adopts
new Board rule §473.3, concerning Annual Renewal Fees (Not Refundable),
with changes to the proposed text as published in the April 26, 2002, issue
of the
Texas Register
(27 TexReg 3431).
The new rule is being adopted in order to comply with Texas Online fee
determinations authorized by Senate Bill 187 and House Bill 645 passed by
the 77th Legislature requiring on-line renewals and profiles of licensed psychologists.
The effective date will be September 1, 2002.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the new rule.
The new rule is adopted under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
§473.3. Annual Renewal Fees (Not Refundable).
(a)
Psychological Associate Licensure - $90
(b)
Psychological Associate Licensure over the age of 70 -
$15
(c)
Provisionally Licensed Psychologist - $85
(d)
Provisionally Licensed Psychologist over the age of 70
- $15
(e)
Psychologist Licensure - $180
(f)
Psychologist Licensure over the age of 70 - $15
(g)
Psychologist with Health Service Provider Status - $20
(h)
Psychologist with Health Service Provider status over the
age of 70 - No Fee
(i)
Licensed Specialist in School Psychology - $33
(j)
Licensed Specialist in School Psychology over the age of
70 - $13
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 June 19, 2002.
TRD-200203856
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: September 1, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
22 TAC §473.4
The Texas State Board of Examiners of Psychologists adopts
amendments to §473.4, concerning Late Fees for Renewals (not Refundable),
without changes to the proposed text as published in the April 26, 2002, issue
of the
Texas Register
(27 TexReg 3432).
The amendments are being adopted in order to comply with Texas Online fee
determinations authorized by Senate Bill 187 and House Bill 645 passed by
the 77th Legislature requiring on-line renewals and profiles of licensed psychologists.
The effective date will be September 1, 2002.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 June 19, 2002.
TRD-200203857
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: September 1, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 305-7700
Chapter 571.
LICENSING
Subchapter A. EXAMINATION
22 TAC §571.3
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.3 concerning Eligibility for Examination and Licensure without
change to the proposed text as published in the
Texas Register
on March 15, 2002 (27 TexReg 1974). The amendments update
the name of the organization responsible for administering the national veterinary
licensing examination; increase the passing score on the state licensing examination
from 75 percent to 85 percent; and require that graduates of veterinary schools
not accredited by the Board take and pass an English proficiency test prior
to sitting for the national examination. The new passing grade requirement
will require more diligence of veterinarians who wish to practice in Texas
and helps to enhance the knowledge and professionalism of Texas veterinarians.
A required English proficiency test will allow the national examination process
to be more efficient by ensuring that the examination does not need to be
repeated because of a failure to comprehend basic English.
No comments were received concerning this section.
The amended section is adopted under the authority of the Texas
Occupations Code, §801.151 (a) which authorizes the Board to adopt rules
necessary to administer the Veterinary Licensing 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 June 17, 2002.
TRD-200203781
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: July 7, 2002
Proposal publication date: March 15, 2002
For further information, please call: (512) 305-7555
22 TAC §571.4
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.4 concerning Special Licenses without change to the proposed
text as published in the
Texas Register
on
March 15, 2002 (27 TexReg 1975).
Special licenses may be issued to members of the staff of the Texas A&M
Veterinary Medical School and veterinary employees of the Texas Animal Health
Commission and the Texas Veterinary Medical Diagnostic Laboratory, and to
licensed veterinarians in other states whose specialty practices are unrepresented
or under represented in Texas.
The amendment will raise the passing examination grade from 75 to 85 percent.
This requirement will demand more diligence of veterinarians who wish to practice
in Texas and help to enhance the knowledge and professionalism of Texas veterinarians.
No comments were received concerning this section.
The amended section is adopted under the authority of the Texas
Occupations Code, §801.151 (a) which authorizes the Board to adopt rules
necessary to administer the Veterinary Licensing 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 June 17, 2002.
TRD-200203782
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: July 7, 2002
Proposal publication date: March 15, 2002
For further information, please call: (512) 305-7555
22 TAC §571.18
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.18 concerning Provisional License without change to the proposed
text as published in the
Texas Register
on
March 15, 2002 (27 TexReg 1976).
Provisional licenses are issued to applicants for regular licensure who
want to practice prior to taking the regular examination on its regularly
scheduled date. The amendment will raise the passing examination grade from
75 to 85 percent. This requirement will require more diligence of veterinarians
who wish to practice in Texas and helps to enhance the knowledge and professionalism
of Texas veterinarians.
No comments were received concerning this section.
The amended section is adopted under the authority of the Texas
Occupations Code, §801.151 (a) which authorizes the Board to adopt rules
necessary to administer the Veterinary Licensing 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 June 17, 2002.
TRD-200203783
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: July 7, 2002
Proposal publication date: March 15, 2002
For further information, please call: (512) 305-7555
Subchapter B. SUPERVISION OF PERSONNEL
Subchapter G. PERSONNEL--QUALIFICATIONS AND DUTIES
Subchapter H. INFORMAL HEARING DISPOSITION
Subchapter I. DEFINITIONS
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 470.
ADMINISTRATIVE PROCEDURE
Chapter 473.
FEES
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 573.
RULES OF PROFESSIONAL CONDUCT