Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 75.
RULES OF PRACTICE
22 TAC §75.7
The Texas Board of Chiropractic Examiners proposes to amend §75.7(a),
relating to board fees. By this amendment, the board is proposing to increase
the renewal fees for chiropractic licensees by $5 to cover the costs of participation
in the Texas Online Project. Section 2054.252 of the Government Code creates
the Project and requires the Board and other licensing agencies to participate
in the project, including establishing a profile system as provided in section
2054.2606 of the Government Code. Subsection (d) of section 2054.2606 authorizes
the Texas Online Authority to prepare rules for adoption by the Department
of Information Resources' (DIR) Board that set the amount of fee that a participating
licensing agency may charge its license holders. On February 20, 2002, the
DIR approved on an emergency basis, rules setting the fee at $5 pursuant to §2054.2606(d).
S. B. 187, 77th Leg., R.S., ch. 342 §11, requires licensing agencies
to begin collecting the fee authorized by subsection (d), on January 1, 2002.
The DIR has informed the Board that the profiling system will only cover chiropractors,
and not other licensees of the agency.
The Board is proposing the $5 increase for renewal of a chiropractic license,
under section 2054.2606(d). The Board, on November 8, 2001, authorized the
Executive Director and staff to prepare this proposed rulemaking consistent
with the actions of the Authority and the DIR Board. The $5 increase will
be effective and apply beginning with licensees whose licenses are renewed
on July 1, 2002.
Dr. Sergio François, D.C., Chair, Rules Committee, has determined
that for the first five-year period the section as amended is in effect, there
will be a positive fiscal implication for state government as a result of
enforcing or administering the section as amended. There are approximately
3,922 active chiropractic licensees subject to renewal in 2002. The anticipated
revenue from the $5 increase is $5 X 3,922= $19,610 per year. The first year
will be reduced since the fee will not be collected until July 1. The fee
is intended to offset the additional administrative costs incurred by the
agency from its participation in the Texas Online Project's profile system.
Dr. François has determined that for each year of the first five
years, the section as amended is in effect, the public benefit anticipated
as a result of enforcing and administering the section, as amended, will be
payment of the administrative expenses associated with this project. There
are probable economic costs to persons required to comply with the rule, as
amended, including small or micro-businesses. Each active licensee regardless
of the size of his or her practice will have to pay $5 more for renewal of
a chiropractic license.
Comments may be submitted, in writing, no later than 30 days after the
date of publication of this proposed rulemaking, to Joe Armstrong, Rules Committee,
Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825,
Austin, TX 78701.
The amendments are proposed under the Occupations Code, §201.152,
which the Board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the act, §201.153, which the Board interprets
as authorizing it to adopt necessary fees for administration of its programs,
and S.B. 187, which mandates the fee increase.
The following are the statutes, articles, or codes affected by the amendments:
Section 75.7 -- Occupations Code, §§201.152, .153; Government
Code, §2054.2606(d)
§75.7.Fees and Charges for Public Information.
(a)
Current fees required by the board are as follows:
Figure: 22 TAC §75.7(a)
(b)
The board is required to increase its fees for annual renewal,
a provisional license, an examination, and re-examination by $200 pursuant
to the Occupations Code §201.153(b). That increase is reflected in subsection
(a) of this section under the column entitled "153(b) FEE". The total amount
of each of these fees must be paid before the board will process an application
subject to such fee.
(c)
Any remittance submitted to the board in payment of a required
fee must be in the form of a personal or company check, cashier's or certified
check for guaranteed funds, or money order, made out to the "Texas Board of
Chiropractic Examiners." Checks from foreign financial institutions are not
acceptable. Persons who have submitted a check which has been returned, and
who have not made good on that check and paid the returned check fee provided
in subsection (a) of this section, within 10 days from notice from the board
of the returned check, for whatever reason, shall submit all future fees in
the form of a cashier's or certified check or money order.
(d)
An applicant for an initial license or registration, whose
check for the application processing, examination or initial licensing fee
is returned due to insufficient funds, account closed, or payment stopped,
shall be allowed to reinstate the application by remitting a money order or
cashier's or certified check for guaranteed funds, for the amount of the fee
and the returned check fee, immediately upon receipt of the board's notice
that the check was returned. Upon receipt of a returned check, the application
is considered incomplete until all fees have been received and cleared through
the appropriate financial institution. If the license has already been issued,
it shall be invalid and may not be displayed until the application is complete.
(e)
A licensee or registrant whose check for the renewal fee
is returned due to insufficient funds, account closed, or payment stopped
shall remit a money order or cashier's or certified check for guaranteed funds,
for the amount of the fee and the returned check fee, immediately upon receipt
of the board's notice that the check was returned. If the guaranteed funds
are received after the expiration of the renewal deadline, a licensee or registrant
must also include a late renewal fee as required by §73.2(d) of this
title (relating to Expired Licenses), §74.3(c) of this title (relating
to Annual Renewal (Facilities)), or §78.1(e) of this title (relating
to Expired Registration (CRT)). Upon receipt of a returned check, the application
will be considered incomplete until all fees have been received and cleared
through the appropriate financial institution. If the renewal license or registration
has already been issued, it shall be invalid and may not be displayed until
the application is complete.
(f)
Copies of public information, not excepted from disclosure
by the Texas Open Records Act, Chapter 552, Government Code, including the
information listed in paragraphs (1)-(6) of this subsection may be obtained
upon written request to the board, at the rates established by the General
Services Commission for copies of public information, 1 TAC §§111.61-111.70
(relating to Copies of Public Information).
(1)
List of New Licensees
(2)
Lists of Licensees
(3)
Licensee Labels
(4)
Demographic Profile
(5)
Facilities List
(6)
Facilities Labels
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 18, 2002.
TRD-200201661
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: April 28, 2002
For further information, please call: (512) 305-6709
Chapter 513.
REGISTRATION
Subchapter B. REGISTRATION OF CPA FIRMS
22 TAC §513.13
The Texas State Board of Public Accountancy (Board) proposes
new §513.13, concerning Death of a Sole Proprietor.
The new §513.13 will permit a needed provision of repealed §513.86
to remain in effect. The new rule will address the limited continuance of
a licensed sole proprietorship after the death of the sole proprietor.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed new rule will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing
or administering the new rule will be zero because the new rule continues
a provision of repealed rule §513.86 already enforced and administered
by the Board and because it does not require anyone to do anything extra.
B. the estimated reduction in costs to the state and to local governments
as a result of enforcing or administering the new rule will be zero because
the new rule continues a provision of repealed rule §513.86 already enforced
and administered by the Board and because it does not require anyone to do
anything extra.
C. the estimated loss or increase in revenue to the state as a result of
enforcing or administering the new rule will be zero because the new rule
continues a provision of repealed rule §513.86 already enforced and administered
by the Board and because it does not require anyone to do anything extra.
Mr. Treacy has determined that for the first five-year period the new rule
is in effect the public benefits expected as a result of adoption of the proposed
new rule will be reduced disruption of a sole proprietorship's engagements
after the death of the sole proprietor and allowing an estate to dispose of
an asset.
The probable economic cost to persons required to comply with the new rule
will be zero because the new rule continues a provision of repealed rule §513.86
already enforced and administered by the Board and because it does not require
anyone to do anything extra.
Mr. Treacy has determined that a Local Employment Impact Statement is not
required because the proposed new rule will not affect a local economy.
The Board requests comments on the substance and effect of the proposed
new rule from any interested person. Comments must be received at the Board
no later than noon on April 19, 2002. Comments should be addressed to Amanda
G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333
Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 305-7854.
Mr. Treacy has determined that the proposed new rule will not have an adverse
economic effect on small businesses because the new rule continues a provision
of repealed rule §513.86 already enforced and administered by the Board
and because it does not require anyone to do anything extra.
The Board specifically invites comments from the public on the issues of
whether or not the proposed new rule will have an adverse economic effect
on small business; if the new rule is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the amendment is to be adopted; and if
the new rule is believed to have such an effect, how the cost of compliance
for a small business compares with the cost of compliance for the largest
business affected by the new rule under any of the following standards: (a)
cost per employee; (b) cost for each hour of labor; or (c) cost for each $100
of sales. See Texas Government Code, §2006.002(c).
The new rule is proposed under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 2001) which authorizes the Board
to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed new rule.
§513.13.Death of a Sole Proprietor.
Upon written authorization from the executive director, a sole proprietorship
may continue to operate for a period of up to 12 months following the death
of the sole proprietor. The executive director, subject to ratification at
the next board meeting, may permit the continued operation of the sole proprietorship
when he has been provided with:
(1)
a certified copy of the sole proprietor's death certificate;
(2)
a copy of the power of attorney from the sole proprietor's
executor, administrator, or heir designating a certification or registration
holder in good standing with the board to manage the sole proprietorship on
behalf of such party. When such party is not a certificate or registration
holder, the power of attorney must authorize a certificate or registration
holder to manage the sole proprietorship on behalf of such party; and
(3)
written evidence that a disruption in the continuation
of the sole proprietorship would jeopardize the survivability of the firm.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 14, 2002.
TRD-200201587
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: April 28, 2002
For further information, please call: (512) 305-7848
22 TAC §521.13
The Texas State Board of Public Accountancy (Board) proposes
an amendment to §521.13, concerning Firm License Fees.
The amendment to § 521.13 will change language in the chart of this
rule to reduce confusion regarding when a licensed CPA firm may pay only a
flat licensing fee of $50.00 a year.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing
or administering the amendment will be zero because there is no substantive
change to the rule already being enforced and administered.
B. the estimated reduction in costs to the state and to local governments
as a result of enforcing or administering the amendment will be zero because
there is no substantive change to the rule already being enforced and administered.
C. the estimated loss or increase in revenue to the state as a result of
enforcing or administering the amendment will be zero because there is no
substantive change to the rule already being enforced and administered.
Mr. Treacy has determined that for the first five-year period the amendment
is in effect the public benefits expected as a result of adoption of the proposed
amendment will be reduced confusion among the board's licensees regarding
firm license fees.
The probable economic cost to persons required to comply with the amendment
will be zero because there is no substantive change to the rule already being
enforced and administered.
Mr. Treacy has determined that a Local Employment Impact Statement is not
required because the proposed amendment will not affect a local economy.
The Board requests comments on the substance and effect of the proposed
amendment from any interested person. Comments must be received at the Board
no later than noon on April 19, 2002. Comments should be addressed to Amanda
G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333
Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 305-7854.
Mr. Treacy has determined that the proposed amendment will not have an
adverse economic effect on small businesses because there is no substantive
change to the rule already being enforced and administered.
The Board specifically invites comments from the public on the issues of
whether or not the proposed amendment will have an adverse economic effect
on small business; if the amendment is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the amendment is to be adopted; and if
the amendment is believed to have such an effect, how the cost of compliance
for a small business compares with the cost of compliance for the largest
business affected by the amendment under any of the following standards: (a)
cost per employee; (b) cost for each hour of labor; or (c) cost for each $100
of sales. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 2001) which authorizes the Board
to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§521.13.Firm License Fees
(a)
The fee for a firm license shall be $50 for each office
of the firm in Texas plus the fee required by subsection (b) of this section,
if any.
(b)
A firm shall pay an additional fee based on the number
of CPAs employed at the firm in Texas plus the number of non-CPA owners of
the firm in Texas, in accordance with the following chart:
Figure: 22 TAC §521.13(b)
(c)
A firm "employs" a CPA within the meaning of this rule
when:
(1)
a CPA is a partner, owner, member, shareholder, or employee
of the firm;
(2)
a CPA works at the firm, either temporarily or long term,
under a lease agreement or contract with any other entity, including but not
limited to personnel staffing agencies or service companies affiliated with
the firm;
(3)
a CPA works at the firm on anything less than a full time
basis;
(4)
a CPA has any of the relationships described in paragraphs
(1)-(3) of this subsection with an entity that is a partner, owner, member,
or shareholder of the firm; or
(5)
a CPA has any of the relationships described in paragraphs
(1)-(3) of this subsection with an entity affiliated with the firm and that
CPA participates in performing professional services for clients of the firm.
(d)
Each firm shall certify to the board the highest number
of CPAs it employs within the meaning of this rule during the 30 days prior
to filing its application. Each CPA should be counted only once, even if he
or she has more than one relationship as described in paragraphs (1)-(5) of
subsection (c).
(e)
If a firm is required to be licensed in Texas but has no
office in Texas, the fee shall be $50 plus the fee required by subsection
(b) of this section, if any.
(f)
Firm license fees shall not be prorated or refunded.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 14, 2002.
TRD-200201588
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: April 28, 2002
For further information, please call: (512) 305-7848
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Subchapter G. OTHER PROVISIONS
22 TAC §573.64
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §573.64, concerning Continuing Education Requirements.
Currently fifteen hours of continuing education are required annually to
renew a veterinary license. The amended section increases the number of required
continuing education hours to 17 annually. It also expands the methods by
which veterinarians can obtain continuing education (CE) credits. Audio tapes,
video tapes, on-line presentations and other methods will be acceptable. Interactive
on-line hours may be claimed to fulfill seven of the 17-hour CE requirement.
The Board believes that modern telecommunications methods of delivering CE
information should be acknowledged in light of the current availability, usage
and demonstrated efficacy of such methods.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering this
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to increase the availability of CE delivery systems to veterinarians
and thus increase compliance with the Board's CE requirements and enhance
the professional competence of veterinarians. Increasing the number of hours
required for CE will increase the knowledge of veterinarians and enhance the
professionalism of the veterinary profession. There will be no effect on small
businesses. There will be no anticipated economic cost to persons required
to comply with the amended section as proposed except for the small cost of
obtaining two additional CE hours each year.
Comments on the proposed amendments may be submitted in writing to Judy
Huppert, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
2-330, Austin, Texas 78701-3998, phone (512) 305-7555, and must be received
by May 1, 2002.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Texas Occupations Code,
Section 801.307 which requires the Board by rule to require continuing education
of veterinarians in Texas.
§573.64.Continuing Education Requirements.
(a)
Requirements
(1)
Seventeen (17)
[
(A)
A licensee shall obtain the required
(17)
[
(B)
Effective Date. Beginning with the continuing education
requirement for license renewal in
2004
[
(2)
Hardship extensions may be granted by appeal to the Executive
Director of the Board. The executive director shall only consider requests
for a hardship extension from licensees who were prevented from completing
the required continuing education hours due to circumstances beyond the licensee's
control. Requests for a hardship extension must be received in the Board offices
by December 15. Should such extension be granted,
thirty-four (34)
[
(b)
(No change.)
(c)
Acceptable Continuing Education.
(1)
Acceptable continuing education hours shall
be hours earned by
:
(A)
attending meetings sponsored or co-sponsored
by the American Veterinary Medical Association ( AVMA), AVMA's affiliated
state veterinary medical associations and/or their continuing education organizations,
AVMA recognized specialty groups, regional veterinary medical associations,
local veterinary medical associations, and veterinary medical colleges
;
[
(B)
taking correspondence courses;
(C)
listening to audio tapes or
CD's, or viewing video tapes or other devices that transmit a video image,
or by participating in other telecommunications discussions;
(D)
participating in on-line courses
and discussions; or
(E)
any other methods approved by the Executive
Director and a veterinarian Board member appointed by the Board President,
or approved by the Registry of Approved Continuing Education (RACE) of the
American Association of Veterinary State Boards.
(2)
The Board shall accept continuing
education hours obtained as a requirement of disciplinary action.
(d)
Distribution of Continuing Education Hours.
(1)
Of the required
seventeen (17)
[
(A)
[
(B)
[
(2)
Hours claimed for listening
to audio and viewing video devices or participating in telecommunications
presentations shall be limited to no more than five (5) hours.
(3)
Interactive on-line hours that
are verifiable may be claimed without limitation up to seven (7) hours.
(e) - (f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 18, 2002.
TRD-200201690
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 13, 2002
For further information, please call: (512) 305-7555
Chapter 651.
FEES
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 521.
FEE SCHEDULE
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Fifteen (15)
] hours
of acceptable continuing education shall be required annually for renewal
of all types of Texas licenses except as provided in subsection (e) of this
section. Licensees who successfully complete the Texas State Board Examination
shall be allowed to substitute the examination for the continuing education
requirements of their examination
period
[
year
].
fifteen
] hours of acceptable continuing education during the calendar
year immediately preceding the licensee's application for license renewal.
Should a licensee obtain acceptable continuing education hours during the
year in excess of the required
17
[
15
] hours, the licensee
may carry over and apply the excess hours to the requirement for the next
year. A maximum of
17
[
15
] hours may be carried over
each year.
2000
], licensees
may carry over acceptable continuing education hours pursuant to subsection
(a)(1)(A) of this section. For example, acceptable continuing education hours
obtained in
2004
[
1999
] which are in excess of the
17
[
15
] hours required for renewal in
2005
[
2000
], may be carried over and applied to the continuing education requirement
for renewal in
2006
[
2001
], subject to the provisions
of subsection (a)(1)(A) of this section.
thirty (30)
] hours of continuing education shall be obtained in
the two-year period of time that includes the year of insufficiency and the
year of extension. Licensees receiving a hardship extension shall maintain
records of the
thirty-four (34)
[
thirty (30)
] hours
of continuing education obtained and shall file copies of these records with
the Board by attaching the records to the license renewal application submitted
following the extension year.
. The Executive Director and a licensed veterinarian Board member
appointed by the Board President may approve hours earned by alternative methods.]
fifteen (15)
] hours of continuing education, no more than five (5) hours
may be derived from either:
(1)
] correspondence courses; or
(2)
] practice management courses.
[
Continuing Education obtained as part of a disciplinary action is acceptable.
]
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS