Part 3.
TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE
Chapter 141.
GENERAL PROVISIONS
40 TAC §141.21
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Alcohol and Drug Abuse or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse (TCADA)
proposes the repeal of §141.21 of Chapter 141--General Provisions, concerning
Advisory Councils.
Section 141.21 pertains to the responsibilities of TCADA's Regional Advisory
Consortia (RAC), Multicultural Affairs Advisory Council (MAAC), and Statewide
Planning Committee (SPC).
The repeal of §141.21 is proposed because of extensive changes to
the existing rule. The proposed new rule, which will be published in this
issue of the
Texas Register
, consolidates
responsibilities of the RAC, MAAC, and SPC, into one advisory group, the Statewide
Planning Advisory Council (SPAC).
Dave Wanser, Ph.D., Executive Director, has determined that there will
be no fiscal implications for state or local government for the first five-year
period the repeal is in effect.
Dave Wanser has also determined that for each year of the first five years
the repeal is in effect the anticipated public benefit will be more efficient
use of resources to establish and sustain a broader mechanism through which
to consistently and systematically gather local, regional, and statewide perspectives
on TCADA policy. There will be no effect on small businesses and there is
no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Albert Ruiz, Texas Commission
on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529. Comments
must be received no later than 30 days from the date the proposal is published
in the
Texas Register
.
The repeal is proposed under the Texas Health and Safety Code, §461.012(a)(15)
which provides the Texas Commission on Alcohol and Drug Abuse with the authority
to adopt rules governing the functions of the Commission.
The code affected by the proposed repeal is the Texas Health and Safety
Code, Title 6, Subtitle B, §461.012(a)(15).
§141.21.Advisory Councils.
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 May 7, 2002.
TRD-200202838
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 349-6607
40 TAC §141.21
The Texas Commission on Alcohol and Drug Abuse proposes new §141.21
of Chapter 141--General Provisions, concerning Statewide Planning Advisory
Council.
The proposed new rule consolidates responsibilities of the Commission's
Regional Advisory Consortia, Multicultural Affairs Advisory Council, and Statewide
Planning Committee, into one advisory group, the Statewide Planning Advisory
Council (SPAC).
The proposed repeal of the existing rule will be published for public comment
in this issue of the
Texas Register
.
Dave Wanser, Ph.D., Executive Director, has determined that there will
be no fiscal implications for state or local government for the first five-year
period the proposed new rule is in effect.
Dave Wanser has also determined that for each year of the first five years
the new rule is in effect the anticipated public benefit will be more efficient
use of limited resources that results in a broader mechanism through which
to consistently gather local, regional, and statewide perspectives on TCADA
policy. There will be no effect on small businesses and there is no anticipated
economic cost to current providers.
Comments on the proposal may be submitted to Albert Ruiz, Texas Commission
on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529. Comments
must be received no later than 30 days from the date the proposal is published
in the
Texas Register
.
This new rule is proposed under the Texas Health and Safety Code, §461.012(a)(15)
which provides the Texas Commission on Alcohol and Drug Abuse with the authority
to adopt rules governing the functions of the Commission.
The code affected by the proposed new rule is the Texas Health and Safety
Code, Title 6, Subtitle B, §461.012(a)(15).
§141.21.Statewide Planning Advisory Council.
(a)
The commission establishes a Statewide Planning Advisory
Council (SPAC) to assist the Commission in planning and policy development.
The SPAC shall consist of a geographically and culturally diverse group of
individuals involved with substance abuse services and related issues. Members
shall include consumers, family members, professionals, and representatives
from statewide agencies, organizations, educational institutions, and coalitions.
(b)
The SPAC consists of no more than 15 individuals. Members
are appointed by the commission's executive director and serve for staggered
three-year terms.
(c)
The purpose of the SPAC is to:
(1)
assist the commission in developing and implementing the
Strategic Plan, the Statewide Service Delivery Plan, and the Substance Abuse
Prevention and Treatment block grant application;
(2)
participate in the development of rules and standards;
(3)
work with the commission in addressing substance abuse
needs across the state; and
(4)
provide input on other issues as requested by the commission.
(d)
The SPAC shall develop bylaws to govern its operations.
(e)
Each year, the SPAC shall submit proposed goals and objectives
and a report of its activities and achievements to the commission's executive
director.
(f)
The commission shall provide administrative support to
the SPAC.
(g)
Members may be reimbursed for travel expenses only when
funds are appropriated for this purpose.
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 May 7, 2002.
TRD-200202839
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 349-6607
Subchapter B. LICENSURE INFORMATION
40 TAC §148.31
The Texas Commission on Alcohol and Drug Abuse proposes an
amendment to §148.31, concerning Facility Licensure.
Section 148.31 establishes the grounds for taking action against a licensee.
The proposed amendment establishes the length of time that must pass before
the facility becomes eligible to receive faith-based exemption under Chapter
145.
Dave Wanser, Ph.D., Executive Director, has determined that there will
be no fiscal implications for state or local government for the first five-year
period the proposed amendment is in effect.
Dave Wanser has also determined that for each year of the first five years
the proposed amendment is in effect the anticipated public benefit will be
clearer guidelines regarding eligibility of a facility to receive a faith-based
exemption for a formerly licensed facility. There will be no effect on small
businesses and there is no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Albert Ruiz, Texas Commission
on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529. Comments
must be received no later than 30 days from the date the proposal is published
in the
Texas Register
.
This amendment is proposed under the Texas Health and Safety
Code, Chapter 464 which provides the Texas Commission on Alcohol and Drug
Abuse with the authority to adopt rules licensing chemical dependency treatment
facilities.
The code affected by the proposed amendment is the Texas Health and Safety
Code, Chapter 464.
§148.31.Action Against a License.
(a) - (e)
(No change.)
(f)
A facility whose license has been revoked
or a facility who surrendered its license after an administrative hearing
to revoke the license has been noticed is not eligible to receive a faith-based
exemption under Chapter 145 of this title (relating to Faith-Based Chemical
Dependency Treatment Programs) until two years have passed since the date
of revocation or surrender.
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 May 7, 2002.
TRD-200202840
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 349-6607
Chapter 159.
ADMINISTRATIVE RULES AND PROCEDURES
Subchapter A. GENERAL RULES
40 TAC §159.6
The Texas Commission for the Blind proposes amendments to §159.6,
pertaining to Rates for Medical Services. The proposed amendments are the
result of the agency's annual review of its rate schedule for eye-medical
and related services after a public hearing to consider whether adjustments
are necessary.
The amendments expand the process of purchasing from national suppliers
for optical low-vision devices to increase the efficiency of purchases and
maximize the cost savings to the state. The amendments also revise several
rates for services and items for which there is neither a rate nor an industry
standard that takes into consideration the unique needs of persons with vision
loss. Several rates have been increased to insure the availability of services
for agency consumers, and several new rates have been proposed to cover unique
low-vision systems.
Alvin Miller, Chief Financial Officer, has determined that for each year
of the first five years the rules are in effect there will be no foreseeable
implications relating to cost or revenues of the state or local governments
as a result of enforcing or administering the proposed rules.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be rates that
represent best-value criteria and that insure the availability of services
for consumers. There will be no economic cost to small businesses or individuals
as a result of the rule.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611, and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P.O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication. Comments may be also be submitted
by e-mail or fax. The e-mail address is pio@tcb.state.tx.us. The fax number
is (512) 377-0682.
The amendments are proposed under the authority of Human Resources
Code, Title 5, Chapter 91, §91.029, which authorizes the Commission to
adopt rules and standards governing the determination of rates the Commission
will pay for medical services.
The proposal affects no other statutes.
§159.6.Rates for Medical Services.
(a)
(No change.)
(b)
Rate schedule. Based on the standards set forth in subsection
(a) of this section, the Commission shall pay for medical services according
to the following:
(1) - (3)
(No change.)
(4)
When there is no rate established by Medicare and Medicaid
for optical low-vision devices, the Commission shall purchase these from national
suppliers
either at the supplier's published price or a lesser negotiated
price
[
(5)
(No change.)
(6)
For services and items for which there is neither a rate
nor an industry standard that takes into consideration the unique needs of
persons with vision loss, the Commission shall pay according to the following:
(A)
Low vision evaluation:
$243
[
(B)
Hand-held and other nonspectacle-mounted optical low vision
devices: national supplier catalog price with an add-on of a
25%
[
(C)
Spectacle-mounted optical low vision devices
--single
element systems
: national supplier catalog price, with an add-on of
a
30%
[
(D)
Spectacle mounted optical low vision devices--
Telescopic
and other compound optical low vision device systems, including distance vision
telescopes,
and
near vision telescopes [
(E)
Poly
carbonate
[
(F)
Beecher telescopic systems: national supplier catalog
price, with an add-on of a 40% prescriptive processing fee when purchased
through a low vision specialist: Total allowable payment $595, which includes
Beecher device up to $350 plus 40% ($490), and special fitting fee of $105;
[
(G)
Helm System for clip-on filters, which includes Noir
filters, clip-on frame, and UV tint cut and mount: Up to $114;
[
(H)
Fitting, spectacle prosthesis, when used in conjunction
with other low vision components: $105;
[
(I)
Fitting of spectacle-mounted low vision aid, when
used in conjunction with other low vision components: $240;
[
(J)
Deluxe frames (heavy duty; to support
lens(es) with +4D bifocal add or greater, optical low vision lens(es) at or
above plus or minus 8D, or spectacle-mounted optical devices greater than
plus or minus 8D): $100.00;
(K)
Psychological service, Comprehensive Vocational
Evaluation System (CVES) used as Vocational Evaluation: $500.00.
(c) - (d)
(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 May 7, 2002.
TRD-200202835
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 377-0611
The Texas Commission for the Blind proposes amendments to §163.4,
Definitions, and §163.61, Consumer Participation in the Cost of Services.
The Commission also proposes the repeal of §163.40, Self-employment Services,
and new §163.40, Establishing a Small Business as an Employment Outcome.
The changes to these rules in Chapter 163, Vocational Rehabilitation Program,
provide clearer procedures for providing vocational rehabilitation services
to a consumer who is pursuing an employment outcome of self-employment by
establishing a small business.
The amendment to §163.4, which defines terms used in the chapter,
brings the definition of self-employment into conformance with federal regulations.
Clarifications have also been added to the definition to aid in understanding
what is not considered to be self-employment.
Two amendments are proposed to §163.61, pertaining to the scope of
Subchapter E, Consumer Participation in Cost of Services. The first is to
clarify that financial participation is not required in the provision of assistive
technology devices and other necessary equipment to improve the functional
capabilities of an individual with a disability. The second is to add a subsection
that contains a cross reference to new §163.40 to aid in locating information
about participation in the cost of establishing a small business that will
provide an employment outcome of self-employment.
The repeal of §163.40, Self-Employment Services, in Subchapter C,
is proposed in order to adopt a new section §163.40, Establishing a Small
Business as an Employment Outcome. New §163.40 contains the agency's
rules for assessing the consumer's aptitude for self-employment and the viability
of a proposed small business. The section also sets forth the required participation
of the consumer in the establishment of a small business, the required documentation
that must be submitted before the Commission will consider supporting the
consumer's goal, and other limitations that may apply.
Alvin Miller, Chief Financial Officer, has determined that for each year
of the first five years the rules are in effect there will be no implications
relating to cost or revenues of the state or local governments as a result
of enforcing or administering the proposed rules.
Mr. Miller has also determined that for each year of the first five years
the rules are in effect the anticipated public benefits will be improved rules
for administering the vocational rehabilitation program. Self-employment affords
some individuals greater control over their work setting, work schedule and
pace, greater expression of talent, and long-term career growth. The rules
as proposed are designed to prepare consumers for the risks of self-employment
in a small business and to gain the best value from the state's investment
in vocational rehabilitation programs for individuals who are blind.
There will be no economic cost to small businesses as a result of the rules.
The economic cost to individuals required to comply with the rules is dependent
on the amount of funds the individual seeks from the Commission to establish
a small business that will result in self-employment. In determining the amount
required to be provided by the individual, the Commission will be considering
funds available to the individual from other sources as well as funds available
to the Commission under its then current budget limitations.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 377-0611, and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P.O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication. Comments may be also be submitted
by e-mail or fax. The e-mail address is pio@tcb.state.tx.us. The fax number
is (512) 377-0682.
Subchapter A. GENERAL INFORMATION
40 TAC §163.4
The amendment is proposed under the authority of Human Resources
Code, Title 5, Chapter 91, §91.022, which allows the agency to establish
and maintain, by rule, guidelines for the delivery of services by the Commission
consistent with state and federal law.
The proposal affects no other statutes.
§163.4.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (26)
(No change.)
(27)
Self-employment [
(28) - (34)
(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 May 7, 2002.
TRD-200202823
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 377-0611
40 TAC §163.40
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission for the Blind or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the authority of Human
Resources Code, Title 5, Chapter 91, §91.022, which allows the agency
to establish and maintain, by rule, guidelines for the delivery of services
by the Commission consistent with state and federal law.
The proposal affects no other statutes.
§163.40.Self-employment Services.
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 May 7, 2002.
TRD-200202825
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 377-0611
40 TAC §163.40
The rule is proposed under the authority of Human Resources
Code, Title 5, Chapter 91, §91.022, which allows the agency to establish
and maintain, by rule, guidelines for the delivery of services by the Commission
consistent with state and federal law.
The proposal affects no other statutes.
§163.40.Establishing a Small Business as an Employment Outcome.
(a)
The Commission recognizes that self-employment through
the establishment of a small business may be a viable employment outcome for
certain consumers. The purpose of the rules in this section is to implement
federal regulations (34 CFR Part 361, §361.48) that authorize the provision
of technical assistance and other consultation services to conduct market
analyses, develop business plans, and otherwise provide resources to eligible
individuals who are establishing a small business operation as an employment
outcome.
(b)
When a consumer expresses an interest in establishing a
small business as an employment outcome, the Commission shall make an assessment
of the consumer's potential and aptitude for self-employment before any efforts
are made to attain that goal. In doing so, the Commission shall utilize those
resources available for the purposes of assessing the potential and aptitude
of the consumer for successful self-employment. Such measures may include,
but are not necessarily limited to, the use of standardized tests and surveys
intended to measure vocational aptitudes as well as a consideration of the
consumer's personal characteristics such as prior education, work experience,
achievements, physical and psychological health, and independence.
(c)
After a preliminary assessment as described in subsection
(b) of this section, if the consumer and Commission agree that establishing
a small business as an employment outcome should be further considered, the
consumer shall submit to the Commission a written proposal. The proposal shall
provide in reasonable detail such information as will inform the Commission
of the financial and other support which will be requested of the Commission
for the purposes of establishing a small business. The information required
in the proposal shall include, but is not necessarily limited, to the following:
(1)
The type of business proposed;
(2)
The location from which the business will be operated;
(3)
An itemized list of all equipment, appliances, supplies,
initial start-up capital, and other materials requested from the Commission,
including the source of each item and its cost; and
(4)
An itemized list of all equipment, appliances, supplies,
start-up capital and other materials to be provided by the consumer or other
sources, including the source of each item and its cost.
(d)
With respect to any proposed small business, the Commission
shall require, in addition to any other relevant matters, verification that
the consumer has sought funding for the start up of the small business from
other available sources, including but not limited to the Small Business Administration,
community development funds that may be available for the purpose of establishing
small business enterprises in the locality in which the consumer resides,
funds from other sources such as programs for certain populations (e.g., programs
that assist women or minorities start or expand a business), the Social Security
Administration, or any other similar governmental or private funding source.
(e)
In order to make the consumer a stakeholder with a vested
interest in the success of the small business and to encourage the necessary
diligence, perseverance, and commitment to enhance the possibility of success,
the consumer shall be required to contribute to the start-up costs of the
business in such amounts as may be required by the Commission. In determining
the amounts required to be provided by the consumer, the Commission shall
consider funds available to the consumer from other sources as well as funds
available to the Commission under its then current budget limitations. The
contribution required of the consumer may be satisfied in whole or in part
by in-kind contributions (personal assets provided by the consumer, which
may include, but are not necessarily limited, to such items as tools, furniture,
supplies, business space) and funds acquired or to be acquired from other
sources as described in subsection (d) of this section.
(f)
In addition to the written proposal required by subsection
(c) of this section and the financial details required by subsection (d) of
this section, the consumer shall prepare and submit to the Commission a business
plan. The business plan shall describe the plans of the consumer to market
the business operations, the demographics of the area intended to be served
as such relate to the particular business being considered, the potential
for growth and expansion, and the potential of employing other persons in
the business, as well as any other information relevant to the operation of
the small business. A copy of a suggested format for writing a business plan
shall be provided to the consumer by the Commission. The Commission shall
provide technical assistance in preparing a business plan appropriate to the
individual and the amount of funds requested to establish the small business.
The consumer may be required to consult with entities providing services to
individuals seeking to establish and operate small businesses, such as the
Small Business Administration, Small Business Development Centers, Senior
Corps of Retired Executives (SCORE), or other similar organizations that offer
guidance in the preparation of business plans or self-employment. Any requirement
shall be discussed in advance with the consumer and included on the consumer's
individualized plan for employment.
(g)
Identifying a business location and signing any necessary
lease agreements are the sole responsibilities of the consumer.
(h)
Costs of renovations or remodeling shall be limited to
those costs essential to start the business.
(i)
The ongoing costs after the commencement of the business
are the full responsibility of the consumer, and the Commission shall have
no responsibility for further financial or other assistance to the consumer
subsequent to the commencement of the business.
(j)
The Commission's self-employment services do not include
the purchase of any of the following items; however, the cost of these items,
if necessary to the business, may be included in the business plan in arriving
at the total cost of establishing the business and may be considered as a
part of the consumer's contribution:
(1)
utility or other deposits;
(2)
insurance;
(3)
sales tax security deposit;
(4)
bonding fees;
(5)
the purchase or rental of real estate;
(6)
operating capital (cash), except any initial amount agreed
to be furnished by the Commission as initial cash start-up costs;
(7)
vehicles, boats, aircraft, or trailers requiring title
of ownership; and
(8)
firearms.
(k)
The consumer is responsible for obtaining and completing
application for all certificates and permits required by law in order to operate
the business. Assistance with these applications is available from the Commission.
(l)
After reviewing the proposal and business plan pursuant
to the requirements of this section, the Commission shall notify the consumer
in a format accessible to the consumer if the plan has been approved as an
employment outcome and whether the Commission shall provide funding and, if
so, the extent of such funding as well as any other assistance to be provided
to the consumer in establishing the small business. Appeals of decisions not
to approve a plan or to fund a plan may be filed in accordance with procedures
contained in §161.1, et seq., of this title, pertaining to appeals and
hearing procedures.
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 May 7, 2002.
TRD-200202826
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 377-0611
40 TAC §163.61
The amendments are proposed under the authority of Human Resources
Code, Title 5, Chapter 91, §91.022, which allows the agency to establish
and maintain, by rule, guidelines for the delivery of services by the Commission
consistent with state and federal law.
The proposal affects no other statutes.
§163.61.Scope of Subchapter.
(a)
In addtion to exception noted in subsection (b) of this
section, all vocational rehabilitation services are subject to this subchapter
except the following:
(1) - (9)
(No change.)
(10)
assistive technology devices and other necessary equipment
to improve the functional capabilities of an individual with a disability
(11)
personal assistance services;
and
(12)
(No change.)
(b)
(No change.)
(c)
A consumer's required participation in
the cost of establishing a small business when the consumer's vocational goal
is self-employment is contained in §163.40 of this title, pertaining
to Establishing a Small Business as an Employment Outcome.
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 May 7, 2002.
TRD-200202824
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 377-0611
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §362.1, concerning Definitions. The amendment will change
terms which are no longer consistent.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of terms used in the OT rules. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rule as proposed.
Comments on the proposed rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§362.1.Definitions.
The following words, terms, and phrases, when used in this part shall
have the following meaning, unless the context clearly indicates otherwise.
(1) - (30)
(No change.)
(31)
Non-licensed Personnel--OT Aide or OT Orderly or other
person not licensed by this board who provides support services to
occupational
therapy practitioners
[
(32) - (37)
(No change.)
(38)
Occupational Therapy Practitioners--
Registered
Occupational Therapists,
Licensed Occupational Therapists, Certified
Occupational Therapy Assistants and Licensed
[
(39) - (46)
(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 May 13, 2002.
TRD-200202954
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-3900
40 TAC §363.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §363.1, concerning Consumer/Licensee Information. The
amendment will make the reference to the Practice Act current.
The amendment is being proposed to recognize applications from the US military,
and to add a time limit duration for the temporary license.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of terms used in the OT rules. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas, 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§363.1.Consumer/Licensee Information.
(a) - (c)
(No change.)
(d)
The licensee is responsible for being knowledgeable of
Title 3, Subtitle H, Chapter 454 Occupations Code
[
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 May 13, 2002.
TRD-200202953
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-3900
40 TAC §364.1, §364.3
The Texas Board of Occupational Therapy Examiners (TBOTE)
proposes amendments to §364.1, concerning Requirements for Licensure
and §364.3, concerning Temporary License. The amendments will clarify
terms with current definitions.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rules.
Mr. Maline also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be clarification of terms used in the OT rules. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rules as proposed.
Comments on the proposed amendments may be submitted to Augusta Gelfand,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas, 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendments are proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by the amended sections.
§364.1.Requirements for Licensure.
(a) - (b)
(No change.)
(c)
If the applicant is licensed as an OTR or COTA in another
state, jurisdiction of the U.S.,
or US military,
the applicant
must also meet the requirements as stated in §364.4 of this title (relating
to Licensure by Endorsement).
(d) - (i)
(No change.)
§364.3.Temporary License.
(a)
The Board will issue a temporary license to an applicant
who is taking the exam for the first time. [
(b)
Temporary Licensure is not available to applicants
who have received a license in another state, US Territory or another country
as an occupational therapy practitioner, unless they were licensed as a certified
occupational therapy assistant (COTA) and now meet the requirements for a
temporary license as an OT.
[
(c) - (e)
(No change.)
(f)
A temporary license shall be valid no
longer than 180 days.
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 May 13, 2002.
TRD-200202955
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-3900
40 TAC §369.1
The Texas Board of Occupational Therapy Examiners (TBOTE)
proposes an amendment to §369.1, concerning Display of Licenses.
The section is being amended to make the reference to the Practice Act
current.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of terms used in the OT rules. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas, 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§369.1.Display of Licenses [
(a)
Licenses must be displayed in accordance with the Act,
§454.214
[
(b) - (c)
(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 May 13, 2002.
TRD-200202956
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-3900
40 TAC §372.1
The Texas Board of Occupational Therapy Examiners (TBOTE)
proposes an amendment to §372.1, concerning Provision of Services.
The section is being amended to change occupational therapist and occupational
therapy assistant to occupational therapy practitioner, and to change occupational
therapist to OTR or LOT and change occupational therapy assistant to COTA
or LOTA to keep terms consistent.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of terms used in the OT rules. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas, 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§372.1.Provision of Services.
(a)
Medical Conditions
(1)
(No change.)
(2)
The referral may be an oral or
signed
[
(3)
(No change.)
(b)
(No change.)
(c)
Screening. A screening may be performed by an
occupational
therapy practitioner
[
(d)
Evaluation
(1)
Only an
OTR or LOT
[
(2)
(No change.)
(3)
The
OTR or LOT
[
(4)
The
OTR or LOT
[
(e)
Plan of Care.
(1)
Only an
OTR, LOT or OT
[
(2)
The
OTR, LOT or OT
[
(3) - (4)
(No change.)
(5)
Only the occupational
therapy practitioner
[
(6)
The
OTR or LOT
[
(7)
The occupational
therapy practitioners
[
(8)
It is the
OTR's or LOT's
[
(9)
Except where otherwise restricted by rule,
the supervising OTR or LOT may only delegate to a COTA, LOTA or temporary
licensee tasks that they both agree are within the competency level of that
COTA, LOTA or temporary licensee.
(f)
Discharge.
(1)
Only an
OTR or LOT
[
(2)
The
OTR or LOT
[
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 May 13, 2002.
TRD-200202957
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-3900
40 TAC §§373.1 - 373.3
The Texas Board of Occupational Therapy Examiners (TBOTE)
proposes amendments to §373.1, concerning Supervision of Non-Licensed
Personnel, §373.2, concerning Supervision of a Temporary Licensee, and §373.3,
concerning Supervision of a Licensed Occupational Therapy Assistant.
The sections are being amended to change occupational therapist and occupational
therapy assistant to occupational therapy practitioner, and to change occupational
therapist to OTR or LOT and change occupational therapy assistant to COTA
or LOTA to keep terms consistent.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rules.
Mr. Maline also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be clarification of terms used in the OT rules. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rules as proposed.
Comments on the proposed amendments may be submitted to Augusta Gelfand,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas, 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendments are proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by the amended sections.
§373.1.Supervision of Non-Licensed Personnel.
(a)
OTRs and LOTs
[
(b)
Close
Personal
[
(c)
When occupational therapy
practitioners
[
(d)
The
occupational therapy practitioners
[
(e)
(No change.)
(f)
The non-licensed personnel may not:
(1) - (2)
(No change.)
(3)
act on behalf of the
OTR or LOT
[
§373.2.Supervision of a Temporary Licensee.
(a)
Supervision of an occupational therapist with a temporary
license includes:
(1)
(No change.)
(2)
encounters twice a month where the
OTR or LOT
[
(b) - (f)
(No change.)
§373.3.Supervision of a Licensed Occupational Therapy Assistant.
(a)
Supervision per month of eight hours includes:
(1)
A minimum of six hours a month of frequent communication
between
[
(2)
A minimum of two hours of supervision a month of face-to-face,
real time interaction
with the OTR(s) or LOT(s)
observing the
COTA or LOTA
[
(b)
Part-time licensees may pro-rate these hours, but shall
document no less than four hours of supervision per month, one hour of which
includes face-to-face, real time interaction
by the OTR(s) and LOT(s)
observing the
COTA or LOTA
[
(c)
COTAs or LOTAs
[
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 May 13, 2002.
TRD-200202958
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-3900
Chapter 800.
GENERAL ADMINISTRATION
Subchapter D. INCENTIVE AWARD RULES
Chapter 148.
FACILITY LICENSURE
Part 4.
TEXAS COMMISSION FOR THE BLIND
at the lowest available catalog price
].
$226.92
];
15%
] processing fee when purchased through a low vision specialist;
25%
] prescriptive/processing fee when purchased
through a low vision specialist;
and compound microscopic
lens systems
]: national supplier catalog price, with an add-on of a
40% prescriptive processing fee when purchased through a low vision specialist;
carbon
] safety lens:
base prescription, with a
$15 add for single vision lens, and a $25 add
for bifocal lens
[
$15.32 per lens add-on
];
Deluxe frames (heavy duty; to support optical low vision lens(es)
at or above plus or minus 8D, or spectacle-mounted optical devices; not for
use with lens(es) of less than 8D: $100.00;
]
Psychological service, Comprehensive Vocational Evaluation System (CVES) used
as Vocational Evaluation: $500.00;
]
Psychological service,
group counseling, per hour, Ph.D. level of academic training and current licensure
in accordance with requirements of the licensing entity: $30.85;
]
Psychological
service, group counseling, per hour, Master's level of academic training and
current certification in accordance with requirements of the certifying entity:
$23.14.
]
Chapter 163.
VOCATIONAL REHABILITATION PROGRAM
services
]--
An employment
outcome in which the individual works for profit or fee in his or her own
business, farm, shop, or office, including sharecroppers. Not included within
the definition is the employment outcome of licensed manager within Business
Enterprises of Texas administered by the Commission, supplemental income businesses,
hobbies that periodically produce income, enterprises in which income is based
solely or primarily on recruiting sales people to continue building the enterprise
(commonly known as "pyramid" schemes), and enterprises prohibited by law or
that sell products prohibited by law.
[
Services that assist a consumer
to earn income directly from their own business, trade, or profession rather
than a specified salary or wages from an employer. Not included within the
definition is self-employment within the Business Enterprises Program administered
by the commission.
]
Subchapter C. VOCATIONAL REHABILITATION SERVICES
Subchapter E. CONSUMER PARTICIPATION IN COST OF SERVICES
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
occupational therapists and occupational
therapy assistants,
] and whose activities require on-the-job training
and close personal supervision.
and
] Occupational
Therapy Assistants licensed by this board.
Chapter 363.
CONSUMER/LICENSEE INFORMATION
Texas Civil
Statutes, Article 8851
], the Occupational Therapy Practice Act, and
of the Texas Board of Occupational Therapy Examiners' rules.
Chapter 364.
REQUIREMENTS FOR LICENSURE
An applicant who has received
a license from another state is not eligible for a temporary license.
]
An applicant who has not begun the
process before the first available exam may not obtain a temporary license
but may become licensed under §364.2-of this title (relating to Initial
License by Examination).
]
Chapter 369.
DISPLAY OF LICENSES License ].
§23
].
Chapter 372.
PROVISION OF SERVICES
singed
] written order. If oral, it must be followed by a signed written
order.
occupational therapist or an occupational
therapy assistant
].
occupational therapist
] may perform the evaluation.
occupational therapist
] must have face-to-face, real time interaction with the patient or
client during the evaluation process.
occupational therapist
] may delegate to
a COTA, LOTA or temporary licensee
[
an occupational therapy assistant
] the collection of data for the assessment.
The
OTR or LOT
[
occupational therapist
] is responsible
for the accuracy of the data collected by the assistant.
occupational therapist
] may initiate, develop, modify or complete an occupational therapy
plan of care.
occupational therapist
] and
COTA, LOTA or OTA
[
occupational therapy assistant
] may work jointly to revise the short-term goals, but the final determination
resides with the
OTR or LOT
[
occupational therapist
].
therapist or occupational therapist assistant
] may train non-licensed
personnel or family members to carry out specific tasks that support the occupational
therapy plan of care.
occupational therapist
] is responsible for determining whether intervention is needed and
if a referral is required for occupational therapy intervention.
therapist or the occupational therapy assistant
] must have face-to-face,
real time interaction with the patient or client during the intervention process.
occupational
therapist's
] responsibility to ensure that all documentation which becomes
part of the patient's/client's permanent record is approved and co-signed
by the
OTR or LOT
[
occupational therapist
] and signed
on the bottom of each page.
occupational therapist
] has the authority to discharge patients from occupational therapy
services. The discharge is based on whether the patient or client has achieved
predetermined goals, has achieved maximum benefit from occupational therapy
services; or when other circumstances warrant discontinuation of occupational
therapy services.
occupational therapist
] is responsible for the content and validity of the discharge summary
and must sign the discharge summary.
Chapter 373.
SUPERVISION
Licensed occupational therapists
] are fully responsible for the planning and delivery of occupational
therapy services. They may use non-licensed personnel to extend their services;
however, the non-licensed personnel must be under the supervision of
an occupational therapy practitioner
[
the licensed occupational
therapist or licensed occupational therapy assistant
].
Personnel
] Supervision
implies direct, on-site contact whereby the supervising occupational therapy
licensee is able to respond immediately to the needs of the patient. This
type of supervision is required for non-licensed personnel providing support
services to the
occupational therapy practitioners
[
occupational
therapist and occupational therapy assistant
].
licensees
] delegate occupational therapy tasks to non-licensed personnel,
the
occupational therapy practitioners are
[
licensee is
]
responsible for ensuring that this person is adequately trained in the tasks
delegated.
licensee
] providing the treatment must interact with the patient regarding
the patient's condition, progress, and/or achievement of goals during each
treatment session.
occupational
therapist
] in any matter relating to occupational therapy which requires
decision making or professional judgements.
occupational therapist
] directly observes the temporary licensee
providing services to one or more patients/clients with face-to-face, real
time interaction.
with
] the supervising
OTR(s) or LOT(s)
[
occupational therapist(s)
] and the
COTA or LOTA
[
occupational therapy assistant
] by telephone, written report, email,
conference etc., including review of progress of patient's/client's assigned.
occupational therapy assistant
] providing services
with patients/clients.
occupational therapy assistant
] providing services with patients/clients.
Occupational Therapy Assistants
] with more than one employer must have a supervisor at each job
whose name is on file with the board
.
Part 20.
TEXAS WORKFORCE COMMISSION