Earliest possible date of adoption: September 21, 2003

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

Chapter 5. POISON CONTROL CENTERS

25 TAC §5.51, §5.52

The new sections are proposed under the Texas Health and Safety Code, §11.016, which allows the board to establish advisory committees; Government Code, Chapter 2110, which sets standards for the evaluation of advisory committees by the agencies for which they function; Texas Health and Safety Code, §77.009, which requires the board with the authority to establish a program to award grants to fund a network of regional poison control centers; and Health and Safety Code, §12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. The review of these rules implements Government Code, §2001.039.

The new sections affect the Health and Safety Code, Chapters 5, 11, and 12.

§5.51.General Program Information.

(a) Authority. Health and Safety Code, Chapter 777, provides the Texas Department of Health (department) and the Commission on State Emergency Communications (commission) with the authority to establish a program to award grants to fund a network of regional poison control centers.

(b) The commission and the department shall adopt a statewide telecommunications network plan. The plan may establish phased implementation of the network. The plan shall consider the following:

(1) uniform statewide 800-service availability for community and professional access for poison information and referral;

(2) direct access from Public Safety Answering Points to Poison Control Answering Points for emergency calls; and

(3) other features as appropriate and identified by this section.

(c) The Texas Health and Human Services (HHS) regions shall define the service areas for the Poison Control Answering Points, except where telecommunications network design would greatly increase the cost of routing the system. The regions are as follows:

(1) The University of Texas Medical Branch at Galveston - HHS Regions 5 and 6;

(2) The Dallas County Hospital District/North Texas Poison Center - HHS Regions 3 and 4;

(3) The University of Texas Health Science Center at San Antonio - HHS Regions 8 and 11;

(4) R.E. Thomason General Hospital, El Paso County Hospital District - HHS Regions 9 and 10;

(5) Northwest Texas Hospital, Amarillo Hospital District - HHS Regions 1 and 2; and

(6) Scott and White Memorial Hospital, Temple - HHS Region 7.

§5.52.Funding.

(a) Eligibility for funding.

(1) The entities eligible to request funding are the regional poison control centers for the state, designated under the Health and Safety Code, Chapter 777, as follows:

(A) University of Texas Medical Branch at Galveston;

(B) Dallas County Hospital District/North Texas Poison Center;

(D) R.E. Thomason General Hospital, El Paso County Hospital District;

(E) Northwest Texas Hospital, Amarillo Hospital District; and

(F) Scott and White Memorial Hospital, Temple.

(2) Each poison control center must be certified by the American Association of Poison Control Centers (AAPCC) until a statewide system certification is achieved. The Commission on State Emergency Communications and the Texas Department of Health shall work together with the AAPCC to certify the statewide poison control network and/or individual centers as required.

(b) Funding criteria. Applicants must meet all of the goals and objectives outlined in the annual Request for Proposals, including:

(1) the need of the region based on population served for poison control services, and the extent to which the grant would meet the identified need;

(2) a four-year strategic plan assuring provision of quality service;

(3) demonstration that the Poison Control Answering Point is working toward achieving and/or maintaining certification as a poison control center with the AAPCC; and

(4) the availability of other funding sources; the maintenance of effort; and the development or existence of telecommunications systems.

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 August 7, 2003.

TRD-200304849

Earliest possible date of adoption: September 21, 2003

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

Chapter 39. PRIMARY HEALTH CARE SERVICES PROGRAM

Subchapter D. CLEARINGHOUSE FOR PRIMARY CARE PROVIDERS SEEKING COLLABORATIVE PRACTICE

The Texas Department of Health (department) proposes the repeal of §§39.91-39.94 and new §§39.91-39.94, concerning the department's clearinghouse for primary care providers seeking collaborative practice.

Government Code, §2001.039, requires that each agency review and consider for readoption each rule adopted by the agency under Government Code, Chapter 2001 (Administrative Procedure Act). The department has reviewed and has determined that the reasons for adopting §§39.91-39.94 continue to exist. Health and Safety Code, §105.007, requires the Statewide Health Care Coordinating Council (the council) to develop and establish a clearinghouse for health professionals seeking collaborative practice. The department assists the council in performing the council's duties and functions as authorized by Health and Safety Code, §104.014, under these rules. The department has determined that the rules would be more useful to interested individuals if the language was simplified and updated; however, the existing sections are proposed for repeal and the new sections are proposed without substantive changes.

The department published a Notice of Intent to Review for §§39.91-39.94 in the Texas Register (25 TexReg 3800), on April 28, 2000. No comments were received due to publication of the notice.

Bruce A. Gunn, Ph.D., Director, Health Professions Resources Center, has determined that for the each year of the first years the sections are in effect, there will be no fiscal impact on state or local governments as a result of administering the sections.

Dr. Gunn has determined that for each of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the increased ability for health professionals seeking collaborative practice to locate positions available, or communities, professionals and entities seeking health professionals to locate and place qualified individuals. The purpose of the clearinghouse remains the same. There will be no effect on small businesses or micro-businesses as a result of the new sections because no substantive changes are being made. Only persons seeking to register with the clearinghouse are required to comply with the sections. There are no economic costs to persons who are required to comply with the sections as proposed. There will be no effect on local employment.

Comments on the proposal may be submitted to Bruce A. Gunn, Ph.D., Director, Health Professions Resource Center, Center for Health Statistics, or Joan Carol Bates, Assistant General Counsel, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3180, or electronically to bruce.gunn@tdh.state.tx.us, or joan.bates@tdh.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

25 TAC §§39.91 - 39.94

The repeals are proposed under the Health and Safety Code, §105.007, which requires the council to establish the clearinghouse. The department assists the council in performing the council's duties and functions as authorized by Health and Safety Code, §104.014, under these rules. Health and Safety Code, §12.001, provides the board with the authority to adopt rules for the performance of each duty imposed by law on the board, the department, and the commissioner. The review of these rules implements Government Code, §2001.039.

The repeals affect Health and Safety Code, Chapters 12, 104, and 105.

§39.91.Purpose and Scope.

§39.92.Definitions.

§39.93.Scope of Clearinghouse Activities.

§39.94.Establishment of a Registry of Primary Care Providers Seeking Collaborative Practice Opportunities.

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 August 7, 2003.

TRD-200304842

Earliest possible date of adoption: September 21, 2003

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

25 TAC §§39.91 - 39.94

The new sections are proposed under the Health and Safety Code, §105.007, which requires the council to establish the clearinghouse. The department assists the council in performing the council's duties and functions as authorized by Health and Safety Code, §104.014, under these rules. Health and Safety Code, §12.001, provides the board with the authority to adopt rules for the performance of each duty imposed by law on the board, the department, and the commissioner. The review of these rules implements Government Code, §2001.039.

The new sections affect Health and Safety Code, Chapters 12, 104, and 105.

§39.91.Purpose and Authority.

(a) Purpose. These sections provide the criteria and procedures the department uses to determine the health professionals to include in the Health Professions Resource Center's primary care provider clearinghouse.

(b) Authority. These sections are authorized by Health and Safety Code, §105.007, which requires the council to develop and establish a clearinghouse for health professionals seeking collaborative practice. The department assists the council in performing the council's duties and functions as authorized by Health and Safety Code, §104.014, under these rules.

§39.92.Definitions.

Terms used in this section have the following meanings, unless the context clearly indicates otherwise. Terms not defined have their common meanings.

(1) Board - The Texas Board of Health.

(2) Clearinghouse - The Internet accessible registry maintained by the Health Professions Resource Center listing primary care providers seeking opportunities to serve on a primary care team in settings such as rural health clinics, federally qualified health centers, or private group practices.

(3) Council - The Statewide Health Coordinating Council

(4) Department - The Texas Department of Health.

(5) Federally qualified health centers - Has the meaning given the term in 42 U.S.C. §1395x(aa)(4).

(6) Health Professions Resource Center - The center established by Health and Safety Code, Chapter 105, for the collection and analysis of educational and employment trends for health professions in the state.

(7) Primary care provider - Primary care providers include the following:

(A) a physician with an unrestricted, active license issued by the Texas State Board of Medical Examiners who practices or plans to practice in the following specialty areas:

(i) family/general practice;

(ii) general pediatrics;

(iii) general internal medicine; or

(iv) obstetrics/gynecology;

(B) an advanced practice nurse with an unrestricted, active license as a registered nurse in Texas or a state party to the Interstate Nurse Licensure Compact, authorization to practice as an advanced practice nurse by the Board of Nurse Examiners for the State of Texas, and who practices or plans to practice in any of the following specialty areas:

(i) adult health;

(ii) family health;

(iii) geriatrics;

(iv) nurse-midwifery;

(v) pediatrics;

(vi) school health; or

(vii) women's health;

(C) a physician assistant with an unrestricted, active license issued by the Texas State Board of Physician Assistant Examiners who practices or plans to practice in one of the following specialty areas:

(i) family/general medicine;

(ii) general pediatrics;

(iii) general internal medicine; or

(iv) obstetrics/gynecology.

(8) Rural health clinics - Has the meaning given the term in 42 U.S.C. §1395x(aa)(2).

§39.93.Provider Registration.

A primary care provider may register with the clearinghouse by completing and submitting a paper form to the clearinghouse, or by accessing and completing the electronic Candidate Interview Forms available online using the department's Internet site at http://www.tdh.state.tx.us/dpa/clrhouse.htm or http://www.texaspracticesites.org/.

§39.94.Duties of the Department.

(a) The department will develop, maintain, and encourage the use of the clearinghouse as an effective and efficient tool for primary care providers to establish collaborative practice opportunities.

(b) The department will collect name, mailing address, phone number, electronic mail address, primary specialty information, preferred practice setting, preferred practice location, and other information relevant to establishing and effective clearinghouse for primary care providers.

(c) The department will give a provider either written or electronic notice of the status of the provider's registration. Only registrations with all required fields completed and accepted will be included in the registry.

(d) A provider whose registration is not approved for inclusion in the registry for any reason other than for incomplete information may request informal reconsideration of the determination by submitting a written request to Manager, Health Professions Resource Center, Center for Health Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Written requests for reconsideration must be made within 10 days from the date the department sent an electronic notice or within 10 working days of the postmarked date of the department's written notice. Denials based on failure to meet the licensing requirements of the appropriate licensing authority are not appealable to the department.

(e) A provider will be included in the clearinghouse registry for four months, unless the provider requests to be deleted. A provider must reapply every four months to remain in the registry. The department will provide electronic or written notices to registrants whose names will be deleted if the provider does not re-register.

(f) The department will update the registry only during the first week of each month. Information received during the second through fourth weeks of the month regarding additions, changes, or deletions to the registry will be processed during the first week of the following month.

(g) The department will notify providers and registrants when the opportunity for a successful collaboration occurs, and work with each party to follow through on opportunities.

(h) There are no fees for using the services provided by the clearinghouse.

(i) Information provided to the department for inclusion in the clearinghouse is subject to Government Code, §552.001, et seq.

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 August 7, 2003.

TRD-200304841

Earliest possible date of adoption: September 21, 2003

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

Chapter 61. CHRONIC DISEASES

Subchapter D. OSTEOPOROSIS ADVISORY COMMITTEE

25 TAC §61.61

(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 Department of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Health (department) proposes the repeal of §61.61, concerning the Osteoporosis Advisory Committee (committee). The committee has provided advice to the Texas Board of Health (board) and the department on strategies for educating the public on the health benefits of the early detection, prevention, and treatment of osteoporosis.

In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the Government Code, Chapter 2110) which requires that each state agency adopt rules on advisory committees. The rules must state the purpose of the committee, describe the tasks of the committee, and describe the manner in which the committee will report to the agency.

Funding for the Osteoporosis Prevention Education Program was eliminated for the FY 2004-2005 Biennium. Therefore, the need for this committee and section no longer exists.

Jacquelyn McDonald, Director, Office of the Board of Health, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering this section.

Ms. McDonald has also determined that for each year of the first five years the section is in effect, the public benefit anticipated will be increased flexibility and breadth in obtaining specific input on issues related to osteoporosis. There will be no effect on micro-businesses or small businesses. The proposed rule will not require small businesses and micro-businesses to alter their business practices. There is no economic costs to persons as a result of the elimination of all references to the committee. There will be no effect on local employment.

Comments may be submitted to Jacquelyn McDonald, Director, Office of the Board of Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7484. Comments on the proposed section will be accepted for 30 days following publication in the Texas Register .

The repeal is proposed under the Health and Safety Code, §11.016, which allows the board to establish advisory committees; Health and Safety Code, §90.03, which allows the department to establish a task force on osteoporosis; the Government Code, Chapter 2110, which sets standards for the evaluation of advisory committees by the agencies for which they function; and the Health and Safety Code, §12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health.

The proposed repeal affects the Health and Safety Code, Chapters 11 and 90; and the Government Code, Chapter 2110.

§61.61.The Osteoporosis Advisory Committee.

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 August 7, 2003.

TRD-200304848

Earliest possible date of adoption: September 21, 2003

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

Chapter 73. LABORATORIES

The Texas Department of Health (department) proposes the repeal of §73.22 and amendments to §§73.51, 73.54 and 73.55, concerning fees for laboratory services.

The proposed rules include editorial changes to the existing rules; increases to the maximum cap on existing fees and new fees for clinical and environmental testing; and other laboratory services, such as calibration of thermometers. The repeal of §73.22, which is the fee schedule for certification and accreditation of environmental laboratories, is necessary because the Texas Commission for Environmental Quality now administers this program. Section 73.51 contains editorial changes to correct misspelled chemical names and to expand some of the definitions. Sections 73.54 and 73.55 contain the fee schedules for clinical, newborn screening, environmental testing, and other laboratory services. These sections include proposed new fees and increased maximum caps on existing fees.

Dr. Susan Neill, Chief, Bureau of Laboratories, has determined that for each year of the first five-year period the sections are in effect, there will be fiscal implications as a result of administering the sections as proposed. The estimated increase in revenues to the state for each of the first five years the sections are in effect are $200,000 for FY 2004, $250,000 for FY 2005, $300,000 for FY 2006, $350,000 for FY 2007 and $400,000 for FY 2008. These revenues will offset a portion of the costs of performing the laboratory tests. Potentially, there will be increased costs to manage billing and accounts receivable in the Bureau of Laboratories (bureau). It is estimated that the costs to the department to administer the new provisions will be offset by the estimated revenue increases. There will be no effect on existing contracts with other state agencies. Increased costs to local governments cannot be determined at this time.

Dr. Neill has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be the availability of tests previously unavailable to local health departments, state agencies and contractors on a fee for service basis. There will be no cost to micro-businesses, small businesses or persons (other than to those that submit specimens for testing) to comply with the sections as proposed. There is no anticipated impact on local employment.

Comments on the proposal may be directed to Mrs. Sherry S. Clay, Director, Quality and Regulatory Affairs Division, Bureau of Laboratories, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. Comments will be accepted for 30 days following the date of publication of this proposal in the Texas Register .

25 TAC §73.22

The repeal is proposed under Health and Safety Code, §12.001, which provides the Texas Board of Health (board) with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health; §§12.031 and 12.032, which allow the board to charge fees to a person who receives public health services from the department; §12.034, which requires the board to establish collection procedures and §12.035, which required the department to deposit all money collected for fees and charges under §§12.032 and 12.033 in the state treasury to the credit of the Texas Department of Health public health service fee fund; and §12.0122, which allows the department to enter into a contract for laboratory services.

The repeal affects Health and Safety Code, Chapter 12.

§73.22.Fee Schedule for Certification and Accreditation of Environmental Laboratories.

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 August 7, 2003.

TRD-200304846

Earliest possible date of adoption: September 21, 2003

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

25 TAC §§73.51, 73.54, 73.55

The amendments are proposed under Health and Safety Code, §12.001, which provides the Texas Board of Health (board) with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health; §§12.031 and 12.032, which allow the board to charge fees to a person who receives public health services from the department; §12.034, which requires the board to establish collection procedures and §12.035, which required the department to deposit all money collected for fees and charges under §§12.032 and 12.033 in the state treasury to the credit of the Texas Department of Health public health service fee fund; and §12.0122, which allows the department to enter into a contract for laboratory services.

The amendments affect Health and Safety Code, Chapter 12.

§73.51.Fees.

(b) Definitions. The following words and terms, when used in this section shall have the following meaning unless the context clearly indicates otherwise.

(3) Fish tissue metals group - Arsenic, [ ~~mercury, copper, selenium,~~ ] cadmium, copper, [ ~~zinc, and~~ ] lead, mercury, selenium, and zinc .

(4) (No change.)

(5) ICP/ICP-MS drinking water metals group - Aluminum, arsenic, barium, beryllium, calcium, total hardness (calculated), chromium, copper, iron, lead, magnesium manganese, nickel, silver, sodium, and zinc.

(6) (No change.)

(7) Semi-volatile organic compounds in fish - 1,2,4,5-Tetrachlorobenzene, 1,2,3-trichlorobenzene, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene, 2,4,5-trichlorophenol, 2,4,6-trichlorophenol, 2,4-dichlorophenol, 2,4-dimethylphenol, 2,4-dinitrophenol, 2,4-dinitrotoluene, 2,6-dinitrotoluene, 2-chloronaphthalene, 2-chlorophenol, 2-methylnaphthalene, 2-methylphenol, 2-nitroaniline, 2-nitrophenol, 3,4-methylphenol, 3,3'-dichlorobenzidine, 3-nitroaniline, 4,5-dinitro-2-methylphenol, 4-bromophenyl-phenylether, 4-chloro-3-methylphenol, 4-chloraniline, 4-chlorophenyl-phenylether, 4-nitroaniline, 4-nitrophenol, acenaphthene, acenapthylene, aldrin, alpha-bhc, alpha-endosulfan, aniline, anthracene, benzidine, benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(g,h,i)perylene, benzo(k)fluoranthene, benzoic acid, benzyl alcohol, beta-bhc, beta-endosulfan, bis(2-chloroethoxy)methane, bis(2-chloroethyl)ether, bis(2-chloroisopropyl)ether, bis(2-ethylhexyl)adipate, bis(2-ethylhexyl)phthalate, butylbenzylphthalate, chrysene, delta-bhc, dibenz(a,h)anthracene, [ ~~dinbenz(a,h)anthracene,~~ ] dibenzofuran, dieldrin, diethylphthalate, dimethylphthalate, di-n-butylphthalate, di-n-octylphthalate, diphenylhydrazine, endosulfan sulfate, endrin, endrin aldehyde, endrin ketone, fluoranthene, fluorene, heptachlor, heptachlor epoxide, hexachlorobenzene, hexachlorobutadiene, hexachlorocyclopentadiene, hexachloroethane, hexachlorophene, indeno-(1,2,3-cd)pyrene, [ ~~indent-(1,2,3-cd)pyrene,~~ ] isophorone, lindane, napthalene, nitrobenzene, n-nitrosodiethylamine, n-nitrosodimethylamine, n-nitroso-di-n-butylamine, n-nitroso-di-n-propylamine, n-nitrosodiphenylamine, p,p'-ddd, p,p'-dde, p,p'-ddt, pentachlorophenol, phenanthrene, phenol, pyrene, pyridine.

(8) (No change.)

(c)-(h) (No change.)

§73.54.Fee Schedule for Clinical Testing and Newborn Screening.

Fees for clinical testing and newborn screening shall not exceed the following amounts.

(1) Human specimens.

(A) Bacteriology.

(i) Aerobic isolation, comprehensive - $119 [ ~~$95~~ ].

(ii) Anaerobic isolation, comprehensive - $94 [ ~~$75~~ ].

(iii) Bioterrorism [ ~~Bioterriorism~~ ]:

(I) culture - $119 [ ~~$95~~ ]; and

(II) smear - $19 [ ~~$15~~ ].

(iv) Bordetella pertussis :

(I) culture - $138 [ ~~$110~~ ]; and

(II) molecular testing - $125 [ ~~$100~~ ].

(v) C. botulinum isolation - $94 [ ~~$75~~ ].

~~[ ~~(vi)~~ C. difficile - $95.]~~

(vi) [ ~~(vii)~~ ] Diphtheria culture - $113 [ ~~$90~~ ].

(vii) [ ~~(viii)~~ ] Drug susceptibility testing:

(I) VRE (vancomycin resistant enterococcus) - $63; [ ~~$50; and~~ ]

(II) VRSA (vancomycin resistant Staphylococcus aureus ) - $63 [ ~~$50~~ ];

(III) MRSA (methicillin resistant Staphylococcus aureus) - $63;

(IV) Neisseria gonorrhoeae - $63; and

(V) One drug susceptibility testing - $63.

(viii) [ ~~(ix)~~ ] Enteric pathogens - $88 [ ~~$70~~ ].

(ix) Magnetic bead enrichment for E. coli, Enterohemorrhagic E. coli (EHEC) - $50.

(x) Fatty acid analysis - $63 [ ~~$50~~ ].

(xi) Genetic probe :

(I) [ ~~for~~ ] gonorrhea/chlamydia (GC/CT) - $31 [ ~~$25.~~ ] ;

(II) amplified probe for gonorrhea - $31;

(III) amplified probe for chlamydia - $31; and

(IV) amplified probe for gonorrhea/chlamydia -$63.

(xii) Identification and typing:

(I) EHEC [ E. coli, enterohemorrhagic E. coli (EHEC) ], only - $128 [ ~~$102~~ ];

(II) Haemophilus [ ~~type-name="italic">Hemophilus~~ ] influenzae - $119 [ ~~$95~~ ];

(III) Neisseria meningitides [ ~~Neiseria meningitidies~~ ] - $119 [ ~~$95~~ ];

(IV) noncomplex typing ( Vibrio , Brucella , etc.) - $63 [ ~~$50~~ ];

(V) other complex typing - $130 [ ~~$110~~ ];

(VI) Salmonella - $119 [ ~~$90~~ ];

(VII) Shigella - $73 [ ~~$58~~ ]; [ ~~and~~ ];

(VIII) Streptococcus , Group A (GAS) - $88 [ ~~$70.~~ ] ; and

(IX) Streptococcus, typing Groups B, C, D, G - $88.

(xiii) Molecular studies:

(I) pulsed-field gel electrophoresis [ ~~Pulsed-Field Gel Electrophoresis~~ ] (PFGE) - $125 [ ~~$100~~ ]; and

(II) polymerase chain reaction (PCR) - $56 [ ~~$45~~ ].

(xiv) Mycolic acid studies - $31 [ ~~$25~~ ].

(xv) Neisseria type-name="italic">gonorrhoeae [ ~~N. gonorrheae~~ ] culture - $56 [ ~~$45~~ ].

(xvi) Pure culture identification:

(I) aerobes - $56 [ ~~$45~~ ];

(II) anaerobes - $100 [ ~~$80~~ ];

(III) Campylobacter - $69 [ ~~$55~~ ]; and

(IV) Neisseria type-name="italic">gonorrhoeae [ ~~N. gonorrheae~~ ] - $69 [ ~~$55~~ ].

(xvii) Streptococcus screen - $25 [ ~~$20~~ ].

(xviii) Tissue:

(I) Lyme disease - $75 [ ~~$60~~ ];

(II) Rocky Mountain Spotted Fever (RMSF) [ ~~RMSF~~ ] - $75 [ ~~$60~~ ]; and

(III) relapsing fever - $113 [ ~~$90~~ ].

(xix) Toxin studies:

(I) Botulinum [ ~~botulinus~~ ] toxin - $163 [ ~~$130~~ ];

(II) Clostridium toxin - $44 [ ~~$35~~ ];

(III) Shiga toxin - $94; [ ~~$75; and~~ ]

(IV) Toxic Shock Syndrome Toxin-1 (TSST) - $88; [ ~~$70.~~ ] and

(V) Vibrio cholera toxin - $88.

(xx) Vibrio culture - $88 [ ~~$70~~ ].

(B) Clinical chemistry.

(i) Blood typing:

(I) ABO typing - $9.00 [ ~~$7.50~~ ];

(II) antibody screen (blood type) - $25 [ ~~$20~~ ];

(III) antigen typing (blood type) - $13 [ ~~$10~~ ];

(IV) antigen titering - $13 [ ~~$10~~ ]; and

(V) Rh typing - $13 [ ~~$10.50~~ ].

(ii) Cholesterol:

(I) cholesterol and high density lipoprotein (HDL) - $9.00 [ ~~$7.50~~ ]; and

(II) cholesterol only - $8.00 [ ~~$6.00~~ ].

(iii) Glucose:

(I) glucose, postprandial, 0 and 2 hours - $14 [ $1 ];

(II) glucose, random, fasting - $7.00 [ ~~$5.50~~ ];

(III) glucose tolerance test, 1 hour - $14 [ ~~$11~~ ];

(IV) glucose tolerance test, 2 hour - $21 [ ~~$16.50~~ ]; and

(V) glucose tolerance test, 3 hour - $28 [ ~~$22~~ ].

(iv) Hemoglobin, total - $6.00 [ ~~$4.50~~ ].

(v) Hemoglobinopathy - $15 [ ~~$12~~ ].

(vi) Lead screen - $11 [ ~~$9.00~~ ].

(vii) Lipid profile, includes cholesterol; triglycerides; HDL; and low-density lipoprotein (LDL) - $28 [ ~~$22.00~~ ].

(viii) Phenylalanine - $38 [ ~~$30~~ ].

(ix) Phenylalanine/Tyrosine - $38 [ ~~$30~~ ].

(x) Tyrosine - $38.

(xi) [ ~~(x)~~ ] Thyroid profile includes total thyroxine (T4); free T4; and thyroid stimulating hormone (TSH) - $63 [ ~~$25~~ ].

(xii) [ ~~(xi)~~ ] TSH - $31 [ ~~$25~~ ].

~~[ ~~(xii)~~ Tyrosine - $30.]~~

(xiii) Free T4 - $19 [ ~~$15~~ ].

(xiv) Total T4 - $16 [ ~~$12.50~~ ].

(i) Beta-Globin 6 mutation panel (HbS, HbC, Hb E, HbD, Beta-Thalassemias-29 and -88) - $150;

(ii) Beta-Globin 5 mutation panel (HbS, HbC, Hb E, Beta-Thalassemias-29 and -88) - $138;

(iii) Hemoglobin S and C mutation Test - $88;

(iv) Hemoglobin E mutation test - $88;

(v) Beta-Thalassemia-29 and -88 mutation test - $100;

(vi) Beta-Thalassemia-29 mutation test - $63;

(vii) Beta-Thalassemia-88 mutation test - $63;

(viii) Hemoglobin D mutation test - $63;

(ix) Beta-Globin sequencing (from 105 of cap site to IVS-1-60 - $188;

(x) Beta-Globin sequencing (from 105 of cap site to IVS-1-60) added to another test - $100;

~~[ ~~(i)~~ ß-Hemoglobulin panel (5 tests) - $85;]~~

(xi) [ ~~(ii)~~ ] Congenital adrenal hyperplasia - $538 [ ~~$430~~ ];

(xii) [ ~~(iii)~~ ] Congenital adrenal hyperplasia, DNA carrier analysis of family member - $206 [ ~~$165~~ ];

(xiii) [ ~~(iv)~~ ] Galactosemia - $506 [ ~~$405~~ ];

(xiv) [ ~~(v)~~ ] Galactosemia, DNA carrier analysis of family member - $206 [ ~~$165~~ ];

~~[ ~~(vi)~~ Hemoglobinopathy study, E29n or E28 - $45;]~~

~~[ ~~(vii)~~ Hemoglobinopathy study, S and C - $50;]~~

(xv) [ ~~(viii)~~ ] Phenylketonuria - $600 [ ~~$480~~ ]; and

(xvi) [ ~~(ix)~~ ] Phenylketonuria, DNA carrier analysis of family member - $206 [ ~~$165~~ ].

(D) Genetics:

(i) alpha fetoprotein (AFP) - $31 [ ~~$25~~ ];

(ii) ß-human chorionic gonadotropin (ß-HCG) - $16 [ ~~$12.50~~ ];

(iii) unconjugated estriol-3 (UE3) - $22 [ ~~$17.50~~ ]; and

(iv) triple screen, includes ß-HCG, UE3, and AFP - $63 [ ~~$50~~ ].

(E) Mycobacteriology/mycology.

(i) Acid fast bacillus (AFB):

(I) amplification only - $69 [ ~~$55~~ ];

(II) identification, referred isolates - $31 [ ~~$25~~ ];

(III) primary drug panel - $56 [ ~~$45~~ ];

(IV) probe only - $44 [ ~~$35~~ ];

(V) Pyrazinamide (PZA) only - $19 [ ~~$15~~ ];

(VI) secondary drug panel - $163 [ ~~$130~~ ];

(VII) smear and culture - $56 [ ~~$45~~ ];

(VIII) smear only - $19 [ ~~$15~~ ]; and

(IX) smear, culture and fungal culture - $131 [ ~~$105~~ ].

(ii) Direct High Performance Liquid Chromatography (HPLC), only - $31 [ ~~$25~~ ].

(iii) Fungus:

(I) culture - $75 [ ~~$60~~ ];

(II) identification - $69 [ ~~$55~~ ]; and

(III) probe only - $44 [ ~~$35~~ ].

(iv) M. kansasii susceptibility, Rifampin [ ~~rifampin~~ ] - $13 [ ~~$10~~ ].

(F) Newborn screening test kit, including screening panel - $38 [ ~~$30~~ ]. (Fees are based on the newborn screening test kits described in §73.21 of this title (relating to Newborn Screening), which includes the costs of the screening panel.)

(G) Parasitology.

(i) Blood/tissue parasites - $156 [ ~~$125~~ ].

(ii) Giardia/Cryptosporidium antigen screen - $94 [ ~~$75~~ ].

(iii) Intestinal parasites - $119 [ ~~$95~~ ].

(iv) Parasite culture - $169 [ ~~$135~~ ].

(v) Pinworm swab - $31 [ ~~$35~~ ].

(vi) Worm identification - $44 [ ~~$25~~ ].

(H) Serology.

(i) Arbovirus:

(I) immunoglobulin G (IgG) - $63 [ ~~$50~~ ];

(II) immunoglobulin M (IgM) - $88 [ ~~$70~~ ]; and

(III) panel - $150 [ ~~$120~~ ].

(ii) Aspergillus - $31 [ ~~$25~~ ].

(iii) Brucella - $16 [ ~~$12.50~~ ].

(iv) Cat scratch fever ( Bartonella ) - $50 [ ~~$40~~ ].

(v) Cytomegalovirus (CMV):

(I) IgG - $38 [ ~~$30~~ ];

(II) IgM - $44 [ ~~$35~~ ]; and

(III) panel - $44 [ ~~$35~~ ].

(vi) Erlichia - $50 [ ~~$40~~ ].

(vii) FTA (fluorescent triponemal antibody) only - $38 [ ~~$30~~ ].

(viii) Fungus:

(I) identification - $69 [ ~~$55~~ ]; and

(II) panel - $88 [ ~~$70~~ ].

(ix) Hantavirus, IgG/IgM - $94 [ ~~$75~~ ].

(x) Hepatitis A:

(I) IgM - $56 [ ~~$45~~ ]; and

(II) total - $13 [ ~~$10~~ ].

(xi) Hepatitis B:

(I) core antibody - $38 [ ~~$30~~ ];

(II) surface antibody (Ab) - $19 [ ~~$15~~ ]; and

(III) surface antigen (Ag) - $13 [ ~~$10~~ ].

(xii) Hepatitis B e Ab - $25 [ ~~$20~~ ].

(xiii) Hepatitis B e Ag - $19 [ ~~$15~~ ].

(xiv) Hepatitis C (HCV) - $15 [ ~~$12~~ ].

(xv) Hepatitis C (RIBA) - $175 [ ~~$140~~ ].

(xvi) Human immunodeficiency virus (HIV):

(I) confirmation - $44 [ ~~$35~~ ];

(II) screen - $13 [ ~~$10~~ ]; and

(III) viral load - $175 [ ~~$140~~ ].

(xvii) HIV/HCV panel - $28 [ ~~$22~~ ].

(xviii) Influenza A and B - $50 [ ~~$40~~ ].

(xix) Legionella - $69 [ ~~$55~~ ].

(xx) Lyme ( Borrelia ) IgG/IgM panel - $38 [ ~~$30~~ ].

(xxi) Miscellaneous serological tests - $38 [ ~~$30~~ ].

(xxii) Mumps:

(I) IgG - $38 [ ~~$30~~ ]; and

(II) IgM - $38 [ ~~$30~~ ].

(xxiii) Parvovirus B-19, IgG/IgM - $75 [ ~~$60~~ ].

(xxiv) Plague ( Yersinia ) - $19 [ ~~$15~~ ].

(xxv) Poliomyelitis (polio) I, II, III - $88 [ ~~$70~~ ].

(xxvi) Q-fever - $63 [ ~~$50~~ ].

(xxvii) Rickettsia Panel - $69 [ ~~$55~~ ].

(xxviii) Rickettsia/Ehrlichia Panel - $119 [ ~~$95~~ ].

(xxix) RPR (rapid plasma reagent test) - $6.00 [ ~~$5.00~~ ].

(xxx) RPR/syphilis confirmation - $16 [ ~~$12.50~~ ].

(xxxi) Rubella:

(I) IgG - $19 [ ~~$15~~ ];

(II) IgM - $38 [ ~~$30~~ ]; and

(III) screen - $9.00 [ ~~$7.50~~ ].

(xxxii) Rubeola:

(I) IgG - $38 [ ~~$30~~ ]; and

(II) IgM - $44 [ ~~$35~~ ].

(xxxiii) Toxoplasmosis:

(I) IgG - $50 [ ~~$40~~ ]; and

(II) IgM - $50 [ ~~$40~~ ].

(xxxiv) Tularemia ( Francisela ) - $56 [ ~~$45~~ ].

(xxxv) Varicella zoster - $56 [ ~~$45~~ ].

(xxxvi) VDRL (venereal disease research laboratory) test - $28 [ ~~$25~~ ].

(xxxvii) West Nile virus (WNV) - $19 [ ~~$15~~ ].

(I) Virology.

(i) Chlamydia culture - $100 [ ~~$80~~ ].

(ii) Dengue isolation - $100 [ ~~$80~~ ].

(iii) Electron microscope studies only - $356 [ ~~$285~~ ].

(iv) Herpes simplex isolation - $106 [ ~~$85~~ ].

(v) Influenza:

(I) surveillance - $156 [ ~~$125~~ ]; and

(II) subtyping - $131 [ ~~$105~~ ].

(vi) Virus:

(I) detection by PCR - $313 [ ~~$250~~ ];

(II) virus identification on submitted isolate (reference specimen) - $313 [ ~~$205~~ ]; and

(III) virus isolation, comprehensive - $263 [ ~~$210~~ ].

(2) Non-human specimens.

(A) Bacteriology.

(i) Environmental:

(I) Swabs - $31 [ ~~$25~~ ];

(II) Legionella - $88 [ ~~$70~~ ];

(III) bioterrorism - $250 [ ~~$200; and~~ ] ;

(IV) bioterrorism smear - $19; [ ~~$15.~~ ]

(V) thermometer calibration - $38; and

(VI) weight calibration - $38.

(ii) Food.

(I) Bioterrorism - $250 [ ~~$200~~ ].

(II) Botulism ( C. botulinum ) - $150 [ ~~$120~~ ].

(III) Pathogen panel:

(-a-) basic - $144 [ ~~$115~~ ]; and

(-b-) complex - $350 [ ~~$280.~~ ] ;

(IV) Single organism - $56 [ ~~$45~~ ].

(V) Standard plate count - $31 [ ~~$25~~ ].

(VI) Toxin - $56 [ ~~$45~~ ].

(iii) Milk and dairy products.

(I) Dairy, cultured - $44 [ ~~$35~~ ].

(II) Ice cream - $88 [ ~~$70~~ ].

(III) Milk:

(-a-) pasteurized milk panel - $119 [ ~~$95~~ ];

(-b-) raw milk panel - $150 [ ~~$120~~ ]; and

(-c-) single test - $88 [ ~~$70~~ ].

(iv) Seafood:

(I) brevitoxin - $250 [ ~~$200~~ ];

(II) fecal coliform - $50 [ ~~$40~~ ];

(III) standard plate count - $44 [ ~~$35~~ ]; and

(IV) Vibrios - $75 [ ~~$60~~ ].

(v) Water.

(I) Bay waters - $38 [ ~~$30~~ ].

(II) Coliform:

(-a-) fecal - $38 [ ~~$30~~ ]; and

(-b-) coliform, total - $50 [ ~~$40~~ ].

(III) Potable water - $31 [ ~~$25~~ ].

(IV) Reagent water suitability - $113 [ ~~$90~~ ].

(B) Entomology.

(i) Insect examination, Chaga's disease - $31 [ ~~$25~~ ].

(ii) Insect identification - $25 [ ~~$20~~ ].

(iii) Mosquito identification:

(I) adult, per carton - $63 [ ~~$50~~ ];

(II) egg paddle, per paddle - $8.00 [ ~~$5.00~~ ]; and

(III) larvae, per vial - $56 [ ~~$45~~ ].

(iv) Tick examination:

(I) Lyme disease, Borrelia and Rocky [ ~~Rock~~ ] Mountain Spotted Fever [ ~~spotted fever~~ ] (RMSF) - $44 [ ~~$35~~ ];

(II) relapsing fever - $44 [ ~~$35~~ ]; and

(III) tick [ ~~Tick~~ ] identification, per vial - $31 [ ~~$25~~ ].

(D) Serology.

(i) Arbovirus, equine, includes western equine encephalitis (WEE); eastern equine encephalitis (EEE); and west nile virus (WNV) [ ~~WNV~~ ] - $63 [ ~~$50~~ ].

(ii) Hantavirus, animal - $94 [ ~~$75~~ ].

(iii) Plague ( Yersinia ), animal - $19 [ ~~$15~~ ].

(E) Virology.

(i) Arbovirus isolation:

(I) avian - $44 [ ~~$35~~ ]; and

(II) mosquito - $75 [ ~~$60~~ ].

(ii) Arbovirus PCR:

(I) avian - $313 [ ~~$250~~ ]; and

(II) mosquito - $313 [ ~~$250~~ ].

(iii) Avian serology:

(I) arbovirus - $69 [ ~~$55~~ ]; and

(II) arbovirus (chicken) - $38 [ ~~$30~~ ].

(iv) Rabies testing - $81 [ ~~$65~~ ].

(v) Rabies virus typing:

(I) molecular - $156 [ ~~$125~~ ]; and

(II) monoclonal - $44 [ ~~$35~~ ].

(F) Handling fees.

(i) Pathogenic agents - $75 [ ~~$60~~ ];

(ii) Clinical specimens and environmental samples - $38 [ ~~$30~~ ].

§73.55.Fee Schedule for Chemical Testing of Environmental Samples.

Fees for chemical testing of environmental samples shall not exceed the following amounts.

(1) The following fees apply to the analysis of organic compounds in air:

(A) formaldehyde, National Institute Of Occupational Safety and Health (NIOSH) methods - $163 [ ~~$130~~ ];

(B) pesticides, NIOSH method [ ~~Method~~ ] - $200 [ ~~$160~~ ]; and

(2) The following fees apply to the analysis of drinking [ ~~(including bottled)~~ ] water (including bottled water) samples.

(A) Inorganic parameters.

(i) Individual tests:

(I) alkalinity, total and phenolphthalein, Standard Methods (SM), 18th edition, 2320B - $29 [ ~~$23~~ ];

(II) bicarbonate-carbonate, with alkalinity, SM, 18th edition, 2320B - $19 [ ~~$15~~ ];

(III) bicarbonate-carbonate, without alkalinity, SM, 18th edition, 2320B - $29 [ ~~$23~~ ];

(IV) boron, SM, 18th edition, 4500B [ ~~4500B-B~~ ] - $66 [ ~~$53~~ ];

(V) bromate, Environmental Protection Agency (EPA) method 300.1 - $138 [ ~~$110~~ ];

(VI) bromide, EPA method 300.0 - $31 [ ~~$25~~ ];

(VII) carbon, total organic, SM, 18th edition, 5310C - $54 [ ~~$43~~ ];

(VIII) chlorate, EPA method 300.0 - $69 [ ~~$55~~ ];

(IX) chloride, EPA method 300.0 - $24 [ ~~$19~~ ];

(X) chlorine, SM, 19th edition, 4500-Cl F - $25 [ ~~$20~~ ];

(XI) chlorine dioxide, SM, 19th edition, 4500-ClO2 B - $100 [ ~~$80~~ ];

(XII) chlorite, EPA method 300.0 - $69 [ ~~$55~~ ];

(XIII) chloramines, SM, 19th edition, 4500-ClO2 D - $25 [ ~~$20~~ ];

(XIV) color, SM, 18th edition, [ ~~Ed.~~ ] 2120B - $30 [ ~~$24~~ ];

(XV) conductivity , [ ~~conductance~~ ] SM, 18th edition, 2510B - $24 [ ~~$19~~ ];

(XVI) cyanide, total, SM, 18th edition [ ~~EPA method~~ ] 4500 CN-B+C+E - $69 [ ~~$55~~ ];

(XVII) fluoride, EPA method 300.0 - $24 [ ~~$19~~ ];

(XVIII) hardness, EPA method 130.1 - $54 [ ~~$43~~ ];

(XIX) nitrate and nitrite as nitrogen, EPA method 353.2 - $28 [ ~~$22~~ ];

(XX) nitrate as nitrogen, EPA method 353.2 - $28 [ ~~$22~~ ];

(XXI) nitrite as nitrogen, EPA method 353.2 - $28 [ ~~$22~~ ];

(XXII) odor, EPA method 140.1, [ ~~SM, 18th edition,~~ ] 2150B - $63 [ ~~$50~~ ];

(XXIII) perchlorate, EPA method 314.0 - $69 [ ~~$55~~ ];

(XXIV) perchlorate, Unregulated Contamination Monitoring Regulation (UCMR), EPA method 314.0 - $76 [ ~~$61~~ ];

(XXV) pH, EPA method 150.1 - $24 [ ~~$19~~ ];

(XXVI) phenolics, total recoverable, EPA method 420.1 [ ~~4020.1~~ ] - $60 [ ~~$48~~ ];

(XXVII) residue, total, SM, 18th edition, 2540B - $28 [ ~~$22~~ ];

(XXVIII) silica, dissolved, SM, 18th edition, 4500Si F - $30 [ ~~$24~~ ];

(XXIX) solids, suspended, volatile or fixed, SM, 18th edition, 2540G - $39 [ ~~$31~~ ];

(XXX) solids, total dissolved, calculated, SM, 18th edition, 1030F - $18 [ ~~$14~~ ];

(XXXI) solids, total dissolved, determined, SM, 18th edition, 2540C - $39 [ ~~$31~~ ];

(XXXII) solids, total suspended, SM, 18th edition, 2540D - $39 [ ~~$31~~ ];

(XXXIII) sulfate, EPA method 300.0 - $24 [ ~~$19~~ ]; and

(XXXIV) turbidity, EPA method 180.1 - $25 [ ~~$20~~ ].

(ii) Routine water mineral group, EPA methods 150.1, 300.0, and 353.2, and SM, 18th edition, 2320B, 2510B, and 2540C [ ~~1030F~~ ] - $214 [ ~~$147~~ ].

(B) Metals analysis. A preparation fee applies to all drinking water samples analyzed by inductively coupled plasma (ICP) or by inductively coupled plasma-mass spectrometry (ICP-MS) with turbidity greater than or equal to 1 Nephelometric Turbidity Unit (NTU). The total analysis cost includes the sample preparation fee and the per-element or per-group fee.

(i) Sample preparation fee - total recoverable metals digestion, EPA method 200.2 - $36 [ ~~$29~~ ].

(ii) Per-element analysis fees:

(I) mercury, EPA method 245.1 - $31 [ ~~$25~~ ];

(II) single ICP, EPA method 200.7 - $24 [ ~~$19~~ ]; and

(III) single ICP-MS, EPA method 200.8 - $31 [ ~~$25~~ ].

(iii) Group fees:

(I) all metals drinking water group, EPA methods, 200.7, 200.8, and 245.1 - $330 [ ~~$264~~ ];

(II) ICP/ICP-MS metals drinking water group, EPA methods 200.7 and 200.8 - $206 [ ~~$165~~ ]; and

(III) lead/copper, EPA method 200.8 - $30 [ ~~$24~~ ].

(i) chlorinated pesticides and PCBs in drinking water, EPA method 508 - $258 [ ~~$206~~ ];

(ii) chlorophenoxy herbicides, EPA method 515.1 or EPA method 515.4 - $275 [ ~~$220~~ ];

(iii) chlorophenoxy herbicides, UCMR, EPA method 515.1 or EPA method 515.4 - $303 [ ~~$242~~ ];

(iv) diquat and paraquat EPA method 549 - $303 [ ~~$242~~ ];

(v) ethylene dibromide (EDB) and dibromochloropropane (DBCP), EPA method 504.1 - $195 [ ~~$156~~ ];

(vi) endothall, EPA method 548 - $446 [ ~~$357~~ ];

(vii) glyphosate, EPA method 547 - $211 [ ~~$169~~ ];

(viii) haloacetic acids and dalapon, EPA method 552.2 - $275 [ ~~$220~~ ];

(ix) chlorinated disinfection-by-products (haloacetonitriles) EPA method 551.1 - $235 [ ~~$188~~ ];

(x) methylcarbamoyloximes [ ~~n-methylcarbomayloximes~~ ] and n-methylcarbamates (carbamate) pesticides, EPA method 531.1 - $250 [ ~~$200~~ ];

(xi) organochlorine pesticides, EPA methods 505 and 508 - $230 [ ~~$184~~ ];

(xii) phenols, UCMR List 2, EPA method 528.1 - $263;

~~[ ~~(xii)~~ polynuclear aromatic hydrocarbons (PHA) and phthalates, EPA method 525.2 - $288;]~~

(xiii) phenylurea, UCMR List 2, EPA method 532.1 - $263;

(xiv) [ ~~xiii)~~ ] PHA and phthalates, UCMR, EPA method 525.2 - $396 [ ~~$317~~ ];

(xv) [ ~~(xiv)~~ ] PCB screening by perchlorination [ ~~Perchlorination~~ ], EPA method 508A - $366 [ ~~$293~~ ];

(xvi) polynuclear aromatic hydrocarbons (PHA) and phthalates, EPA method 525.2 - $360;

(xvii) [ ~~(xv)~~ ] semi-volatile organic compounds, EPA method 525.2 - $360 [ ~~$288~~ ];

(xviii) semi-volatile organic compounds, UCMR List 2, EPA method 526.1 - $263;

(xix) [ ~~(xvi)~~ ] trihalomethanes, EPA method 502.2 - $84 [ ~~$67~~ ];

(xx) [ ~~(xvii)~~ ] trihalomethanes, EPA method 524.2 - $84 [ ~~$67~~ ];

(xxi) [ ~~(xviii)~~ ] VOCs, EPA method 524.2 - $183 [ ~~$146~~ ]; and

(xxii) [ ~~(xix)~~ ] VOCs, UCMR, EPA method 524.2 - $223 [ ~~$178~~ ].

(D) Radiochemicals:

(i) alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate Fusion - $165 [ ~~$132~~ ];

(ii) carbon-14, Liquid Scintillation - $123 [ ~~$98~~ ];

(iii) gross alpha and beta, EPA method 900.0 - $113 [ ~~$90~~ ];

(iv) gross alpha or beta, EPA method 900.0 - $100 [ ~~$80~~ ];

(v) gamma emitting isotopes, EPA method 901.1 - $94 [ ~~$75~~ ];

(vi) plutonium isotopes, DOE-RESL A-20 Alpha Spectrometry - $90 [ ~~$72~~ ];

(vii) radium-226, EPA method 903.1 - $83 [ ~~$66~~ ];

(viii) radium-228, EPA method 904.0 - $118 [ ~~$94~~ ];

(ix) radon, EPA method 903.1 - $83 [ ~~$66~~ ];

(x) strontium-89 or 90, EPA method 905.0 [ ~~905.1~~ ] - $126 [ ~~$101~~ ];

(xi) thorium isotopes, DOE-RESL A-20 Alpha Spectrometry - $90 [ ~~$70~~ ];

(xii) total alpha emitting radium, EPA method 903.0 - $90 [ ~~$70~~ ]; .

(xiii) tritium, EPA method 906.0 - $64 [ ~~$51~~ ];

(xiv) uranium isotopes, DOE-RESL A-20 Alpha Spectrometry - $95 [ ~~$76~~ ]; and

(xv) Composite/storage fee - $19 [ ~~$15~~ ].

(3) The following fees apply to the analysis of food [ ~~Food~~ ] and food products . [ : ]

(A) Inorganic analyses:

(i) [ ~~(A)~~ ] added substances, Association of Official Analytical Chemists (AOAC) [ ~~United States Department of Agriculture (USDA)~~ ] calculation - $16 [ ~~$13~~ ];

(ii) [ ~~(B)~~ ] added water, AOAC [ ~~USDA~~ ] calculation - $16 [ ~~$13~~ ];

(iii) [ ~~(C)~~ ] benzoate, AOAC [ ~~Association of Analytical Communities (AOAC)~~ ] method 960.38 - $101 [ ~~$81~~ ];

(iv) [ ~~(D)~~ ] cereal, USDA [ ~~UDSA~~ ] CRL method - $80 [ ~~$64~~ ];

(v) [ ~~(E)~~ ] deterioration, canned products, AOAC chart - $30 [ ~~$24~~ ];

(vi) [ ~~(F)~~ ] fat, dairy products, AOAC method 46.616 - $44 [ ~~$35~~ ];

(vii) [ ~~(G)~~ ] fat, paly screen, AOAC method 46.616 - $44 [ ~~$35~~ ];

(viii) [ ~~(H)~~ ] fat, soxhlet extraction, USDA method Fat-1 [ ~~Fat method~~ ] - $101 [ ~~$81~~ ];

(viv) [ ~~(I)~~ ] filth, AOAC methods - $44 [ ~~$35~~ ];

(x) [ ~~(J)~~ ] filth, beverages, AOAC method 965.38 - $44 [ ~~$35~~ ];

(xi) [ ~~(K)~~ ] filth, cereal foods, AOAC method 971.32 - $44 [ ~~$35~~ ];

(xii) [ ~~(L)~~ ] filth, [ ~~nuts and grains,~~ ] AOAC method 941.16 - $44 [ ~~$35~~ ];

[ ~~(M)~~ ~~filth, pasta, AOAC methods - $35;~~ ]

(xiii) [ ~~(N)~~ ] filth, spices, AOAC method 945.83 - $44 [ ~~$35~~ ];

(xiv) [ ~~(O)~~ ] food coloring, AOAC method 988.13 - $73 [ ~~$58~~ ];

(xv) fumonisin in corn products by high performance liquid chromatography (HPLC) - $250;

(xvi) [ ~~(P)~~ ] insect identification, Food and Drug Administration (FDA) Technical Bulletin #2 - $44 [ ~~$35~~ ];

[ ~~(Q)~~ ~~lead in food by flame atomic absorption spectrometry FLAAS - $36;~~ ]

(xvii) [ ~~(R)~~ ] maximum internal temperature, USDA ICT 2 method - $101 [ ~~$81~~ ];

(xviii) [ ~~(S)~~ ] meat protein, AOAC [ ~~USDA~~ ] calculation - $19 [ ~~$15~~ ];

(xix) [ ~~(T)~~ ] moisture (total water), USDA M01 method - $21 [ ~~$17~~ ];

(xx) [ ~~(U)~~ ] moisture-protein ratio, AOAC [ ~~USDA~~ ] calculation - $40 [ ~~$90~~ ];

(xxi) [ ~~(V)~~ ] package exam for rodent contamination, AOAC method 973.63 - $30 [ ~~$24~~ ];

(xxii) [ ~~(W)~~ ] pH of food products, AOAC method 981.12 - $25 [ ~~$20~~ ];

(xxiii) [ ~~(X)~~ ] protein, total, USDA protein block digestion - $73 [ ~~$58~~ ];

(xxiv) [ ~~(Y)~~ ] rodent pellet, identification, FDA Microscope Analytical Methods in Food and Drug Control - $44 [ ~~$35~~ ];

(xxv) [ ~~(Z)~~ ] salt, USDA method SLT [ ~~Salt method~~ ] - $131 [ ~~$105~~ ];

(xxvi) [ ~~(AA)~~ ] soy protein concentrate, USDA SOY1 [ ~~SOY 1~~ ] method - $80 [ ~~$64~~ ];

(xxvii) [ ~~(BB)~~ ] soya, USDA SOY1 [ ~~SOY 1~~ ] method - $80 [ ~~$64~~ ];

(xxviii) [ ~~(CC)~~ ] sulfite, AOAC method 980.17 - $83 [ ~~$66~~ ];

(xxix) [ ~~(DD)~~ ] water activity, AOAC method 978.18 [ ~~SM, 18th edition, 5910~~ ] - $44 [ ~~$35~~ ]; and

(B) [ ~~(EE)~~ ] Organic analysis, tetracycline in milk, FDA/AOAC methods - $125 [ ~~$100~~ ].

(C) Metals analyses. A sample preparation fee applies to all food samples analyzed by FLAA, GFAA, GHAA, ICP or ICP-MS techniques. The total analysis fee includes the sample preparation fee and the per-element fee. The fee for analysis of multiple metals by a single method includes a single sample preparation fee and the appropriate per-element fees.

(i) Sample preparation fee - total recoverable metals digestion, EPA methods 200.2, 200.3, or SW-846 method 3050B - $46.

(ii) Per-element fees:

(I) mercury, EPA methods 245.1, 245.5, and 245.6, and SW-846 methods 7470A and 7471A - $40;

(II) single metal, FLAA or ICP, EPA 200 series methods and EPA SW-846 methods 6010 or 7000 series - $24;

(III) single metal, GFAA or GHAA, EPA 200 series methods and EPA SW 846 methods 7000 series, and SM, 18th edition, 3114 - $38; and

(IV) single metal, ICP-MS, EPA method 200.8, EPA SW-846 method 6020 - $31.

(4) The following fees apply to the analysis of soil [ ~~Soil~~ ] and solids:

(A) pH, Soil, EPA method 9045B - $28 [ ~~$22~~ ].

(B) Metals analysis. A sample preparation fee applies to the analysis of all solid (soil, sediment, etc.) samples. The total cost of the analysis will be the sample preparation fee plus the per-element [ ~~or per-group analytical~~ ] fee . [ : ] The fee for analysis of multiple metals by a single method includes a single sample preparation fee and the appropriate per-element fees.

(i) Sample [ ~~sample~~ ] preparation fee - acid digestion of sediments, sludges, and soils, EPA SW-846 Method 3050B - $44 [ ~~$36~~ ].

(ii) Per-element [ ~~per-element~~ ] fee:

(I) lead in paint by FLAA [ ~~FLAAS~~ ] - $44 [ ~~$35~~ ];

(II) lead in pottery leachate by FLAA [ ~~FLAAS~~ ] - $33 [ ~~$26~~ ];

(III) lead and cadmium in pottery leachate by FLAA [ ~~FLASS~~ ] - $59 [ ~~$47~~ ];

(IV) lead in soil by FLAA [ ~~FLAAS~~ ] - $46 [ ~~$37~~ ];

(V) lead in solids by FLAA [ ~~FLAAS~~ ] - $44 [ ~~$35~~ ];

(VI) mercury, sediment, EPA method 245.5 and EPA SW-846 method 7471A - $40 [ ~~$32~~ ];

(VII) non-routine single metal, EPA 200 series methods and EPA SW-846 methods: 6010B, 6020, and 7000's - $60 [ ~~$48~~ ];

(VIII) silver, EPA method 200.7, and EPA SW-846 methods 6010B, 7760A, and 7761 - $60 [ ~~$48~~ ];

(IX) single metal, FLAA [ ~~FAAS~~ ] or ICP, EPA 200 series methods, 200.7, and EPA SW-846 6010B and 7000 series methods - $26 [ ~~$21~~ ];

(X) single metal, graphite furnace atomic absorption spectrometry (GFAA) or gas hydride atomic absorption spectrometry (GHAA), EPA 200 series methods and EPA SW-846 methods 7000 series, 7062, and 7742, and SM, 18th edition, 3114 - $38 [ ~~$30~~ ]; and

(XI) single metal, ICP-MS, EPA method 200.8 and EPA SW-846 method 6020 - $31 [ ~~$25~~ ].

(i) alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate Fusion - $154 [ ~~$123~~ ];

(ii) gross alpha and beta, EPA method 900.0 - $101 [ ~~$81~~ ];

(iii) gross alpha or beta, EPA method 900.0 - $81 [ ~~$65~~ ];

(iv) gamma emitting isotopes, EPA method 901.1 - $140 [ ~~$112~~ ];

(v) plutonium isotopes, DOE-RESL A-20 Alpha Spectrometry - $90 [ ~~$72~~ ];

(vi) radium-226, DOE-RESL A-20/EPA method 903.1 - $133 [ ~~$109~~ ];

(vii) radium-228, DOE-RESL A-20/EPA method 904.0 - $110 [ ~~$88~~ ];

(viii) strontium-89 or 90, EPA method 905.0 [ ~~200.3~~ ] - $147 [ ~~$118~~ ];

(ix) thorium isotopes, DOE-RESL A-20 Alpha Spectrometry - $88 [ ~~$70~~ ];

(x) tritium, EPA method-Azeotopic Distillation - $99 [ ~~$79~~ ]; and

(xi) uranium isotopes, DOE-RESL A-20 Alpha Spectrometry - $86 [ ~~$68~~ ].

(5) The following fees apply to the analysis of tissue and vegetation samples. A tissue preparation (homogenization) fee applies to all seafood tissue samples analyzed for organic compounds and/or metals. The total analysis cost includes the tissue preparation fee, any analyte specific sample preparation fee, and the per-element or per-group test fee.

(A) Tissue preparation fees:

(i) fillets, EPA method 200.3 - $46 [ ~~$37~~ ]; and

(ii) whole fish and crabs, EPA method 200.3 - $80 [ ~~$64~~ ].

(B) Metals analyses. A sample preparation fee applies to all tissue samples analyzed by ICP or ICP-MS. The total analysis cost includes the sample preparation fee and the per-element or per-group fee:

(i) sample preparation fee - total recoverable metals digestion, EPA method 200.3 - $46 [ ~~$37~~ ].

(ii) per-element fees:

(I) mercury, EPA method 245.6 - $40 [ ~~$32~~ ];

(II) single metal, FLAA [ ~~FAAS~~ ] or ICP, EPA 200 series methods, 200.7, or EPA SW-846 methods 6010B, or 7000's - $24 [ ~~$19~~ ];

(III) single metal, GFAA or GHAA, EPA 200 series, methods and EPA SW-846 methods 7000 series, 7062, and 7742, and SM, 18th edition, 3114 - $38 [ ~~$30~~ ];

(IV) single metal, ICP-MS, EPA method 200.8, EPA SW-846 method 6020 - $31 [ ~~$25~~ ]; and

(iii) fish tissue (includes per group fee and total recoverable metals digestion fee) [ ~~metal group fee~~ ] - $283 [ ~~$189~~ ].

(C) Organic analyses . The [ ~~(the~~ ] organic analysis fee includes [ ~~fees include~~ ] any required sample cleanup procedures[ ) ]:

(i) organochlorine pesticides and PCB's, fish fillets, PAM 304 E1 and EPA SW-846 methods 8081A - $1015 [ ~~$812~~ ];

(ii) organochlorine pesticides and PCB's, whole fish, PAM 304 E1 and EPA SW-846 methods 8081A - $1206 [ ~~$965~~ ];

(iii) semi-volatile organic compounds by gas chromatography/mass spectrometry (GC/MS), fish, JAOAC method and EPA SW-846 methods 3540C and 8270C - $648 [ ~~$518~~ ];

(iv) VOCs, GC/MS, fish, JAOAC method 64;653:ff and EPA SW-846 method 8260B - $311 [ ~~$249~~ ]; and

(v) organochlorine pesticides in vegetables by Gas Chromatography (GC) - $755 [ ~~$604~~ ].

(D) Radiochemistry:

(i) alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate Fusion - $154 [ ~~$123~~ ];

(ii) gamma emitting isotopes, EPA method 901.1 - $138 [ ~~$110~~ ];

(iii) gross alpha and beta, EPA method 900.0 - $111 [ ~~$89~~ ];

(iv) gross alpha or beta, EPA method 900.0 - $81 [ ~~$65~~ ];

(v) plutonium isotopes, DOE-RESL A-20 Alpha Spectrometry - $90 [ ~~$72~~ ];

(vi) radium-226, DOE-RESL A-20/EPA method 903.1 - $136 [ ~~$109~~ ];

(vii) radium-228, DOE-RESL A-20/EPA method 904.0 - $98 [ ~~$78~~ ];

(viii) strontium-89 or 90, EPA method 905.0 [ ~~905.1~~ ] - $149 [ ~~$119~~ ];

(ix) thorium isotopes, DOE-RESL A-20 Alpha Spectrometry - $88 [ ~~$70~~ ];

(x) tritium, EPA Method 906.0 Azeotopic Distillation - $99 [ ~~$79~~ ]; and

(xi) uranium isotopes, DOE-RESL A-20 Alpha Spectrometry - $85 [ ~~$68~~ ].

(6) The following fees apply to the analysis of water [ ~~Water~~ ] and wastewater.

(A) Inorganic parameters:

(i) odor, EPA method 140.1 [ ~~SM, 18th edition, 2150B~~ ] - $65 [ ~~$50~~ ];

(ii) phenolics, total recoverable, EPA method 420.1 [ ~~4020.1~~ ] - $60 [ ~~$48~~ ]; and

(iii) UV 254, SM 19th edition, 5910 - $69 [ ~~$55~~ ].

(B) Metals analysis. The following sample preparation fees apply to the analysis of water and/or wastewater samples. The total cost of the analysis will be the required sample preparation fee plus the per-element [ ~~or per-group analytical~~ ] fee . [ : ] The fee for analysis of multiple metals by a single method includes a single sample preparation fee and the appropriate per-element fees.

(i) Sample [ ~~sample~~ ] preparation fees:

(I) total recoverable metals digestion, EPA method 200.2 and EPA SW-846 methods 3005A, 3010A, and 3020A - $38 [ ~~$30~~ ]; and

(II) filtration (dissolved metals), EPA SW-846 method 3005A - $26 [ ~~$21~~ ].

(ii) Per-element [ ~~per-element~~ ] fees:

(I) mercury, EPA method 245.1 and EPA SW-846 method 7470A - $40 [ ~~$32~~ ];

(II) silver (includes separate digestion), EPA method 200.7 and EPA SW-846 methods 6010B, 7760A, and 7761 - $54 [ ~~$43~~ ];

(III) single metal, FLAA [ ~~FAAS~~ ] or ICP, EPA method 200.8, 200.7 and EPA SW-846 methods 6010B, and 7000 series - $24 [ ~~$19~~ ];

(IV) single metal, GFAA or GHAA, EPA method 200 series and EPA SW-846 methods 7000 series, 7062, and 7742, and SM, 18th edition, 3114 - $38 [ ~~$30~~ ]; and

(V) single metal, ICP-MS, EPA method 200.8, and EPA SW-846 method 6020 - $31 [ ~~$25~~ ].

(i) alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate Fusion - $165 [ ~~$132~~ ];

(ii) carbon-14, Liquid Scintillation - $123 [ ~~$98~~ ];

(iii) gross alpha and beta, EPA method 900.0 - $113 [ ~~$90~~ ];

(iv) gross alpha or beta, EPA method 900.0 - $100 [ ~~$80~~ ];

(v) gamma emitting isotopes, EPA method 901.1 - $94 [ ~~$75~~ ];

(vi) plutonium, isotopes, DOE-RESL A-20 Alpha Spectrometry - $90 [ ~~$72~~ ];

(vii) radium-226, EPA method 903.1 - $101 [ ~~$81~~ ];

(viii) radium-228, EPA method 904.0 - $85 [ ~~$68~~ ];

(ix) radon, EPA method 903.1 - $83 [ ~~$66~~ ];

(x) strontium-89 or 90, EPA method 905.0 [ ~~905.1~~ ] - $126 [ ~~$101~~ ];

(xi) thorium isotopes, DOE-RESL A-20 Alpha Spectrometry - $88 [ ~~$70~~ ];

(xii) total alpha emitting radium, EPA method 903.0 - $88 [ ~~$70~~ ];

(xiii) tritium, EPA method 906.0 - $64 [ ~~$51~~ ]; and

(xiv) uranium isotopes, DOE-RESL A-20 Alpha Spectrometry - $90 [ ~~$76~~ ].

(7) The following fees apply to the analysis of wipes/filters/cartridges. [ ~~Wipe/filter/cartridge.~~ ]

(A) Lead analysis, FLAA [ ~~FLAAS~~ ] - $40 [ ~~$32~~ ].

(B) Radiochemistry:

(i) alpha spectrometry preparation, DOE-RESL A-20 Pyrosulfate Fusion - $154 [ ~~$123~~ ];

(ii) carbon-14, Liquid Scintillation - $145 [ ~~$116~~ ];

(iii) gross alpha and beta, EPA method 900.0 - $65 [ ~~$52~~ ];

(iv) gross alpha or beta, EPA method 900.0 - $50 [ ~~$40~~ ];

(v) gamma emitting isotopes, EPA method 901.1 - $80 [ ~~$64~~ ];

(vi) plutonium isotopes, DOE-RESL A-20 Alpha Spectroscopy - $90 [ ~~$72~~ ];

(vii) radium-226, DOE-RESL A-20/EPA method 903.1 - $136 [ ~~$109~~ ];

(viii) radium-228, DOE-RESL A-20/EPA method 904.0 - $98 [ ~~$78~~ ];

(ix) strontium-89 or 90 EPA method 905.0 [ ~~905.1~~ ] - $148 [ ~~$118~~ ];

(x) thorium isotopes, DOE-RESL A-20 Alpha Spectroscopy - $88 [ ~~$70~~ ];

(xi) tritium, Azeotopic Distillation - $64 [ ~~$51~~ ]; and

(xii) uranium isotopes, DOE-RESL A-20 Alpha Spectroscopy - $85 [ ~~$68~~ ].

(8) Other chemical testing:

(A) blood identification, Source Book Forensic Serology - $31 [ ~~$25~~ ];

(B) dust identification - $58 [ ~~$46~~ ];

(D) urine stain identification, AOAC methods 963.28, [ ~~945.88, 942.24,~~ ] and 959.14 - $44 [ ~~$35~~ ].

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 August 7, 2003.

TRD-200304847

Earliest possible date of adoption: September 21, 2003

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

Chapter 83. PUBLIC HEALTH IMPROVEMENT GRANTS

Subchapter B. COMMUNITY HOSPITAL CAPITAL IMPROVEMENT FUND

The Texas Department of Health (department) proposes amendments to §§83.20 - 83.29 and repeal of §83.30, concerning the community hospital capital improvement fund.

The rules implement Government Code, Chapter 403, §§403.1066 - 403.1067, which identify the community hospital capital improvement fund as a dedicated account in the general revenue fund and delineate the department's responsibility to provide grants, utilizing the earnings of the fund, to public or nonprofit community hospitals with 125 beds or fewer located in an urban area of the state.

The amendments and repeal are needed to clarify the definitions of operating expense and rural area; reflect a name change of the Center for Rural Health Initiatives to the Office of Rural Community Affairs and correct the legal citation; delete a requirement for the submission of an annual report by grant recipients; revise the contact from the Commissioner of Health to the Grant Coordination Office and revise the grant title; remove references to application and review process due dates; and delete eligibility for continuation funding.

Government Code, §2001.039, requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). The department has reviewed the sections and has determined that reasons for adopting the sections continue to exist; however, the revisions are needed in order to reflect the changes to program administration and the laws that pertain to them.

The department published a Notice of Intention to Review for §§83.20 - 83.30 in the Texas Register on July 18, 2003 (28 TexReg 6975). No comments were received due to publication of the notice.

Peggy Belcher, Bureau of Budget and Revenue, has determined that for each year of the first five years the proposed amendments and repeal are in effect, there will be no fiscal implications to state and local governments as a result of administering the sections as proposed.

Ms. Belcher has also determined that for each year of the first five years the proposed amendments and repeal are in effect, the public benefit anticipated is the encouragement of some eligible hospitals to apply for a grant for which the hospitals may have not previously considered submitting an application. There will be no effect on small businesses or micro-businesses since such businesses are not eligible to receive grant funds under these rules, no anticipated economic costs to persons who are required to comply with the sections as proposed, and no anticipated impact on local employment.

Comments may be submitted to Peggy Belcher, Grant Coordination Office, Bureau of Budget and Revenue, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756-3199, (512) 458-7485 (telephone), (512) 458-7537 (fax), or E-mail peggy.belcher@tdh.state.tx.us. Comments on the proposed sections will be accepted for 30 days following publication in the Texas Register .

25 TAC §§83.20 - 83.29

The amendments are proposed under Government Code, Chapter 403, §403.1066, which enables the department to adopt rules governing grants made from the fund; and Health and Safety Code, §12.001, which provides the Texas Board of Health (board) with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. The review of these rules implements Government Code, §2001.039.

The amendments affect the Government Code, Chapter 403, §§403.1066 - 403.1067.

§83.20.Purpose.

(b) This subchapter governs the administration of [ ~~the~~ ] grants, the submission and review of grant applications, and the award of [ ~~the~~ ] grants.

§83.21.Definitions.

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

(1) - (6) (No change.)

(7) Operating expense - An expense, including an administrative expense, incurred in the daily operation of the grantee hospital. The costs of capital medical equipment leases are not operating expenses.

(8) Rural area - A county that has [ ~~had~~ ] a population [ ~~in the most recent decennial United States census~~ ] of 150,000 or less or , with respect to [ ~~or that part of~~ ] a county that has [ ~~with~~ ] a population of more [ ~~greater~~ ] than 150,000 and that contains a geographic area that is not delineated as urbanized by the federal census bureau, that part of the county that is not delineated as urbanized [ ~~United States Census Bureau~~ ].

(9) (No change.)

§83.22.Sources and Allocation of Funds.

(d) The department shall have the authority and discretion to:

(1) determine the purpose(s) of [ ~~the~~ ] grants pursuant to law and this subchapter;

(2) - (4) (No change.)

(e) (No change.)

§83.23.Eligibility for Grants.

(b) A hospital eligible to receive a rural health facility capital improvement grant, loan, or loan guarantee from the Office of Rural Community Affairs [ ~~Center for Rural Health Initiatives~~ ] under the Government Code, Chapter 487, Subchapter H, [ ~~Health and Safety Code, Chapter 106, Subchapter G,~~ ] is not eligible to receive a grant under this subchapter.

§83.24.Requirements for Grants.

~~[ ~~(c)~~ Grant recipients shall submit an annual report to the department, in a form and at a time determined by the department.]~~

§83.25.Procedures for Grant Announcements.

(b) The department shall maintain a list of persons to be notified of requests for proposals. Any person wanting to be placed on the list should contact: Grant Coordination Office, [ ~~Commissioner of Health,~~ ] Attention: Community Hospital Capital Improvement [ ~~TDH Innovation~~ ] Grants, 1100 West 49th Street, Austin, Texas , 78756.

§83.26.Procedures for Grant Applications.

(d) [ ~~Applicants will be given a minimum of 60 calendar days to file applications after a request for proposals is published.~~ ] Applications must be received by the department on or before the closing date specified in the request for proposals.

§83.27.Competitive Review Process.

~~[ ~~(c)~~ The department's review process shall be completed within 45 days after the closing date.]~~

§83.28.Selection Criteria.

(a) No grant shall be approved unless, in the opinion of the department, it addresses only capital improvements and does not propose to expend funds for [ ~~operating expenses or~~ ] debt retirement or operating expenses with the exception of capital medical equipment leases .

§83.29.Project Approval.

(a) Grant recipients shall execute a contract with the department. The contract shall detail items including a [ ~~such as~~ ] budget, reporting requirements, general provisions for department grant contracts, and any other specifics that might apply to the award.

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 August 7, 2003.

TRD-200304844

Earliest possible date of adoption: September 21, 2003

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

25 TAC §83.30

The repeal is proposed under Government Code, Chapter 403, §403.1066, which enables the department to adopt rules governing grants made from the fund; and Health and Safety Code, §12.001, which provides the Texas Board of Health (board) with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. The review of this rule implements Government Code, §2001.039.

The repeal affects the Government Code, Chapter 403, §§403.1066 - 403.1067.

§83.30.Continuation Funding.

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 August 7, 2003.

TRD-200304843

Earliest possible date of adoption: September 21, 2003

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

Chapter 97. COMMUNICABLE DISEASES

Subchapter B. IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION

25 TAC §97.63

The Texas Department of Health (department) proposes an amendment to §97.63, concerning immunization requirements for children attending Texas child-care facilities and elementary schools regarding the DTaP requirement.

Recent outbreaks of pertussis throughout Texas have resulted in death and disability of children. There is currently no requirement for pertussis vaccination in children between the ages of 15 months and 5 years of age due to a publication error that was recently discovered. This rule will also align the DTP/DTaP immunization requirements for Texas students with the most recent Recommended Childhood and Adolescent Immunization Schedule issued by the Advisory Committee in Immunization Practices (ACIP).

Casey S. Blass, Chief, Bureau Immunization and Pharmacy Support, has determined that for the first five-year period that the section will be in effect there will be minimal fiscal implications to state and local government as a result of enforcing and administering the section as proposed. The addition of one more dose of DTaP vaccine to the school immunization requirements could increase associated costs to the state.

Mr. Blass has also determined that for each year of the first five years that the section is in effect the public benefit anticipated as a result of enforcing and administering the section as proposed will emerge as an increase in the immunization compliance rate of Texas children who attend schools and child-care facilities. No impact on micro-businesses or small businesses is expected because the cost administration of the additional dose of vaccine will be covered by parents and insurance companies. The fiscal impact on parents is minimal, because most parents follow the recommended immunization schedule. The proposed change will not affect children who are already age-appropriately vaccinated against diphtheria, tetanus and pertussis. There will be no impact on local employment.

Comments on the proposal may be submitted to Janie Garcia, Immunization Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7284, or (800) 252-9152. Comments will be accepted for 30 days following publication of this proposal in the Texas Register .

This amendment is proposed under Health and Safety Code, §81.023, which requires the Board of Health (board) to develop immunization requirements for children; the immunization requirements are adopted as a statewide control measure for communicable disease as defined in Health and Safety Code, §§81.081 and 81.082; Education Code, §38.001, which allows the board to develop immunization requirements for admission to any elementary or secondary school; Human Resources Code, §42.043, which requires the department to make rules regarding the immunization of children admitted to child-care facilities; and Health and Safety Code, §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

This proposed amendment affects Health and Safety Code, §81.023; Texas Education Code, §38.001; and Human Resource Code, §42.043.

§97.63.Required Immunizations.

(c) The following immunizations are required in the respective age groupings. A child or student must meet all the immunizations requirements specific to an age group upon first entering the age group. Implementation of requirements for hepatitis B vaccine for adolescents and varicella vaccine and hepatitis A for all ages is contingent upon the appropriation of funds to the department for these purposes. By July 1 of each odd-numbered year, the department will publish a statement on whether or not these vaccines have been funded and are required as specified.

(1) Children less than five years of age: polio vaccine; diphtheria-tetanus-pertussis (DTP) or diphtheria-tetanus-acellular pertussis (DTaP) vaccine; measles, mumps, and rubella vaccine (MMR); Haemophilus influenzae type b conjugate vaccine (HibCV), hepatitis A, and varicella vaccine.

(A) - (E) (No change.)

(F) Children 15 months of age through four years of age , but not yet five years of age [ ~~(15 months through four years of age)~~ ]:

(i) (No change.)

(ii) any combination of DTP/DTaP will meet the following requirement:

(I) children 17 months of age and younger are required to have three doses of DTP/DTaP vaccine; and

(II) children 18 months of age through three years of age are required to have four doses of DTP/DTaP vaccine. Pediatric diphtheria-tetanus (DT) vaccine is an acceptable substitute for DTP/DTaP vaccine if pertussis vaccine is medically contraindicated; and

(III) children four years of age are required to have five doses of DTP/DTaP vaccine. The fifth dose is not necessary if the fourth dose in the series is given on or after the fourth birthday. Pediatric diphtheria-tetanus (DT) vaccine is an acceptable substitute for DTP/DTaP vaccine if pertussis vaccine is medically contraindicated.

(iii) - (vi) (No change.)

(2) Children and students five years of age or older.

(B) Diphtheria/Tetanus/Pertussis [ ~~Tetanus/Diphtheria~~ ].

(i) Five doses of a diphtheria-tetanus-pertussis containing vaccine in any combination are required. The fifth dose is not necessary if the fourth dose in the series is given on or after the fourth birthday. Pediatric diphtheria-tetanus (DT) vaccine is an acceptable substitute for DTP/DTaP vaccine if pertussis vaccine is medically contraindicated [ Children and students six years of age and younger: at least four doses of DTP/DTaP, DT, or Td vaccine are required, provided at least one dose has been received on or after the fourth birthday. Pertussis vaccine is not required for children/students who are five years of age and older. Children with a medical contraindication to pertussis vaccine will need to have had only three doses of any combination of DTP/DTaP/DT/Td vaccines if their first dose was given on or after the first birthday and their third dose was given on or after the fourth birthday ]. For further information see §97.77(c) and (d) of this title.

(ii) (No change.)

(3) (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 August 7, 2003.

TRD-200304839

Earliest possible date of adoption: September 21, 2003

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

Chapter 102. DISTRIBUTION OF TOBACCO SETTLEMENT PROCEEDS TO POLITICAL SUBDIVISIONS

25 TAC §102.1 - 102.5

The Texas Department of Health (department) proposes amendments to §§102.1 - 102.5, concerning the distribution of tobacco settlement proceeds to political subdivisions.

The rules implement the Government Code, Chapter 12, Subchapter J, which designates the department's responsibilities under the Agreement Regarding Disposition of Tobacco Settlement Proceeds (agreement) filed on July 24, 1998, in United States District Court, Eastern District of Texas, in the case styled The State of Texas v. The American Tobacco Co., et al., No. 5-96CV-91. The department collects information and certifies amounts of the tobacco settlement proceeds for annual distribution to political subdivisions. The term "political subdivision" means a hospital district, another local political subdivision owning or maintaining a public hospital, or a county of the State of Texas responsible for providing indigent health care to the general public. The Health and Safety Code, Chapter 61, defines which entities are responsible for providing indigent health care to the general public.

The department published a Notice of Intention to Review for §§102.1- 102.5 in the Texas Register on July 18, 2003 (28 TexReg 7025). No comments were received.

The amendments update a statutory reference, delete references to dates and activities that have already occurred, and clarify other language.

Peggy Belcher, Bureau of Budget and Revenue, has determined that for each year of the first five years the proposed amendments are in effect, there will be no fiscal implications to state and local governments as a result of administering the amended sections as proposed.

Ms. Belcher has also determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated is the assurance that expenditure statements identifying unreimbursed health care expenditures are accurately filed by political subdivisions which, in turn, results in the appropriate amount of funds being reimbursed for expenditures by local governments for health care services to the general public. There will be no effect on small businesses or micro-businesses since such businesses do not receive tobacco settlement proceeds, no anticipated economic costs to persons who are required to comply with the sections as proposed, and no anticipated impact on local employment.

Comments may be submitted to Peggy Belcher, Grant Coordination Office, Bureau of Budget and Revenue, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756-3199, (512) 458-7485 (phone), (512) 458-7537 (fax), or peggy.belcher@tdh.state.tx.us. Comments on the proposed sections will be accepted for 30 days following publication in the Texas Register .

The amendments are proposed under Health and Safety Code, Chapter 12, Subchapter J, §§12.138 - 12.139, which requires the department to adopt rules governing the distribution of tobacco settlement proceeds to political subdivisions; and Health and Safety Code, §12.001, which provides the Texas Board of Health (board) with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. The review of these rules implements Government Code, §2001.039.

The amendments affect the Health and Safety Code, Chapter 12, Subchapter J.

§102.1.General.

(a) This chapter implements the Health and Safety Code, §§12.131 - 12.139 [ ~~Acts 1999, 76th Legislature, Chapter 753, Article 2 (House Bill 1161)~~ ] and the responsibilities of the Texas Department of Health (department) under the Agreement Regarding Disposition of Tobacco Settlement Proceeds (agreement) filed on July 24, 1998, in United States District Court, Eastern District of Texas, in the case styled The State of Texas v. The American Tobacco Co., et al., No. 5-96CV-91. The term "agreement" includes the subsequent Clarification of Agreement Regarding Disposition of Settlement Proceeds filed on July 24, 1998, in that litigation.

§102.2.Distributions.

(b) The income earned through investment of the permanent trust account established under the agreement will be distributed [ ~~for the first time in April 2001 and~~ ] in April of each [ ~~succeeding~~ ] year.

[ ~~(1)~~ ] Only the earnings of the account will be distributed. The corpus of the fund will remain in the permanent trust account.

~~[ ~~(2)~~ Payments into the permanent trust account are scheduled in the agreement as follows:]~~

~~[ ~~(A)~~ January 3, 2000 - $501.5 million;]~~

~~[ ~~(B)~~ January 2, 2001 - $551.5 million;]~~

~~[ ~~(C)~~ January 2, 2002 - $551.5 million; and]~~

~~[ ~~(D)~~ January 2, 2003 - $201.4 million.]~~

~~[ ~~(c)~~ The corpus of the lump sum trust account established under the agreement will be distributed in April 2000 and April 2001.]~~

~~[ ~~(1)~~ The April 2001 lump sum distribution will be combined with the distribution of the first year's earnings from the permanent trust account.]~~

~~[ ~~(2)~~ Payments into the lump sum trust account are scheduled in the agreement as follows:]~~

~~[ ~~(A)~~ January 3, 2000 - $100 million; and]~~

~~[ ~~(B)~~ January 2, 2001 - $50 million.]~~

(c) [ ~~(d)~~ ] A political subdivision that receives a pro rata share of the annual distribution has sole authority over the expenditure of those funds. The agreement does not require a political subdivision to expend any portion of the distribution for a specified purpose; however, any portion of the distribution expended for unreimbursed health care expenditures in a calendar year may be counted toward the political subdivision's pro rata share of the annual distribution in the subsequent year.

§102.3.Annual Claims.

(a) General. A [ ~~Beginning in calendar year 2000, a~~ ] political subdivision may claim a pro rata share of the annual distribution based on its "unreimbursed health care expenditures" in the previous calendar year. These expenditures are defined in the agreement as "those actual expenditures made by a Political Subdivision which are directly attributable to the provision of health care services to the general public, either directly or by contract or agreement with a third party provider, and for which no reimbursement is made by or expected from any third party source or fund. (Lump Sum Trust Account or Permanent Trust Account payments shall not count as reimbursement.)" The term "unreimbursed expenditures" does not include contractual allowances or discounts for health care services required under a third party payor agreement.

(b)- (f) (No change.)

§102.4.Regular Audits [ ~~audits~~ ].

(d) A regular audit may include a review of any audit or financial statement of the political subdivision performed by persons other than the department. A political subdivision being audited by the department shall make available to the department or its contractor such an audit or financial statement at the department's or its contractor's request.

§102.5.Disputes.

(d) An audit of the political subdivision that submitted the disputed information may be performed.

(2) The political subdivision shall fully cooperate in the audit. The audit may include a review of any audit or financial statement of the political subdivision.

(e) (No change.)

(f) A political subdivision for which an audit indicates an overstatement may request in writing a hearing on the matter within 20 days of receiving written notice from the department of the audit findings. The notice shall state whether a monetary penalty is proposed. A monetary penalty may not exceed 10 [ ~~ten~~ ]% of the overstated unreimbursed health care costs. A monetary penalty may be imposed if the political subdivision failed to exercise reasonable diligence to comply with the requirements of these rules.

(g) - (m) (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 August 7, 2003.

TRD-200304845

Earliest possible date of adoption: September 21, 2003

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

Chapter 169. ZOONOSIS CONTROL

Subchapter B. CARE OF ANIMALS BY CIRCUSES, CARNIVALS, AND ZOOS

25 TAC §§169.41 - 169.48

The Texas Department of Health (department) proposes amendments to §§169.41 - 169.48, concerning the care of animals by circuses, carnivals, and zoos. Specifically, the sections cover purpose; definitions; facilities for housing the animals; food and water requirements; care in transit; licenses; and state inspection agents. The amended language aligns with current state law and clarifies the requirements for meeting standards.

The rules are being amended in accordance with Government Code, §2001.039, which requires that each state agency conduct a review of its rules every four years and consider for readoption each rule adopted by that agency pursuant to Government Code, Chapter 2001 (Administrative Procedures Act). Sections 169.41 - 169.48 have been reviewed and the department has determined that reasons for adopting the sections continue to exist, in that rules on these subjects are needed and are mandated by Occupations Code, Chapter 2152.

The department published a Notice of Intention to Review for §§169.41 - 169.48 as required by Government Code, §2001.039, in the Texas Register on May 19, 2000 (25 TexReg 4598). The department received no comments due to the publication of the notice.

Jane C. Mahlow, DVM, MS, Director of Zoonosis Control Division, has determined that for each year of the first five years that the sections will be in effect there will be no fiscal implications to state or local governments as a result of enforcing or administering the sections as proposed.

Dr. Mahlow has also determined that for each year of the first five years the sections are in effect the public health benefit anticipated as a result of these amendments will be to promote humane conditions for these animals and to promote public health and safety. There is no anticipated cost to small businesses or micro-businesses, nor to persons who are required to comply with the sections as proposed, because the rules make no additional substantive operational requirements of owners, except those that will result in more efficient operation of the circus, carnival, or zoo. There is no increase in the fee charged for a license. There is no anticipated effect on local employment.

Comments on the proposal may be submitted to Jane C. Mahlow, DVM, MS, Texas Department of Health, Zoonosis Control Division, 1100 West 49th Street, Austin, Texas 78756, telephone (512) 458-7255, or jane.mahlow@tdh.state.tx.us. Comments will be accepted for 30 days after publication of the proposal in the Texas Register .

The amendments are proposed under the Occupations Code, Chapter 2152, "Regulation of Circuses, Carnivals, and Zoos," §2152.051, which requires the Texas Board of Health (board) to adopt rules necessary to administer the chapter; and Health and Safety Code, §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

The proposed amendments affect Occupations Code, Chapter 2152. The review of the rules implements Government Code, §2001.039.

§169.41. Purpose. [ ~~Introduction~~ ]

The purpose of these rules is to establish standards regarding the care of animals in circuses, carnivals, and zoos which will promote humane conditions for these animals and public health and safety.

§169.42.Definitions.

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

(1) Act - Occupations Code, Chapter 2152 [ ~~Texas Civil Statutes Article 4447v~~ ], the legislative authority for these rules.

~~[ ~~(2)~~ Animal - Any live, warm-blooded animal which is used for exhibition purposes; except domestic farm animals used for food and fiber.]~~

(2) [ ~~(3)~~ ] Board - Texas Board of Health.

(3) [ ~~(4)~~ ] Commissioner - Commissioner of the Texas Department of Health.

(4) [ ~~(5)~~ ] Department - Texas Department of Health (TDH).

(5) [ ~~(6)~~ ] Housing facility - Any room, building, or area used to contain a primary enclosure or enclosures.

(6) [ ~~(7)~~ ] Primary enclosure - Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.

(7) [ ~~(8)~~ ] Sanitize - To make physically clean and to destroy disease - producing agents.

(8) [ ~~(9)~~ ] Zoonosis Control Division (ZCD) - Division [ ~~of the Bureau of Veterinary Public Health~~ ] of the Texas Department of Health to which the responsibility for implementing these rules is [ as ] assigned.

§169.43.Facilities for Housing the Animals.

(2) provide adequate shelter to protect animals from any form of overheating , direct rays of the sun, [ or ] cold or inclement weather , and direct effects of wind, rain, or snow ;

(3) - (5) (No change.)

(d) - (i) (No change.)

§169.44.Transportation of Animals.

(a) Primary enclosure construction. All compartments, transport cages, cartons, or crates shall be constructed [ in ] such [ ~~a manner~~ ] that:

(1) - (8) (No change.)

(b) - (c) (No change.)

§169.45.Food and Water Requirements.

(a) Each live animal shall be fed a sufficient quantity of food at least once in each 24-hour period unless there are special instructions given by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal requirements for the condition and size of the animal(s).

(b) Potable water shall be provided at all times or at least twice daily for periods of not less than one hour, except as directed by a licensed veterinarian [ ~~every 12 hours~~ ].

§169.46.Care in Transit.

The carrier, driver, or other employee shall be responsible to:

(1) - (3) (No change.)

(4) provide shade to protect the live animal when sunlight is likely to cause overheating or discomfort in such a manner that the surrounding air temperature should not fall below 50 degrees Fahrenheit (10 degrees Celsius) [ ~~7.2 degrees Celsius (45 degrees Fahrenheit)~~ ] nor be allowed to exceed 85 degrees Fahrenheit (29.5 degrees Celsius) [ ~~29.5 degrees Celsius (85 degrees Fahrenheit)~~ ]; and

(g) Any facility that does not meet required standards will not be licensed by TDH [ Denial, suspension, and revocation. The basis an actions will be as outlined in Texas Civil Statutes Article 4447v, §9; Texas Civil Statutes Article 6252-13a, §§13-20; and the board's formal hearing procedures, §§1.21-1.32 of this title (relating to Formal Hearing Procedures) ].

§169.47.Licenses.

(a) - (f) (No change.)

§169.48.State Inspection Agents.

Each agent inspecting [ ~~employed to inspect~~ ] circuses, carnivals, or zoos under Occupations Code, Chapter 2152 [ ~~Texas Civil Statutes Article 4443, §8~~ ], will be approved [ ~~certified~~ ] by the director, Zoonosis Control Division.

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 August 7, 2003.

TRD-200304840

Earliest possible date of adoption: September 21, 2003

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

Subchapter C. TRAINING OF ANIMAL SHELTER PERSONNEL

25 TAC §§169.61 - 169.65

The Texas Department of Health (department) proposes amendments to §§169.61 - 169.65, concerning the training of animal shelter personnel. Specifically, the sections cover the purpose, definitions, courses, prerequisites for course attendance, and course content. The amended language aligns with current state law.

The rules are being amended in accordance with Government Code, §2001.039, which requires that each state agency conduct a review of its rules every four years and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedures Act). Sections 169.61 - 169.65 have been reviewed and the department has determined that reasons for adopting the sections continue to exist in that rules on these subjects are needed; however, revisions were necessary as outlined in this preamble.

The department published a Notice of Intention to Review for §§169.61 - 169.65 as required by Government Code, §2001.039, in the Texas Register on May 19, 2000 (25 TexReg 4598). The department received no comments due to the publication of the notice.

Jane C. Mahlow, DVM, MS, Director of Zoonosis Control Division, has determined that for each year of the first five years that the sections will be in effect there will be an anticipated $33,750 per year income to the state that may be paid by local governments as a result of enforcing or administering the sections as proposed. The projected amount is based on current enrollment at the training courses (an average of 450 students) multiplied by an estimated $75 per student fee. However, Animal Control Officer training course attendance by animal shelter employees is elective, not mandatory. It is anticipated that the number of animal shelter employees registering for courses will decline due to the increase in course costs. A course fee is required by statute, Health and Safety Code, §823.004. If the highest fee of $225 per student to cover program costs were to be charged, the cost would be prohibitive for students to attend and would cause the demise of this mandated training program. The rule amendments shift this fee from the optional purchase of the course training manual to a registration fee.

Dr. Mahlow has also determined that for each year of the first five years the sections are in effect the public health benefit anticipated as a result of this will be to allow the fees to remain flexible to reflect current economic trends so animal shelter personnel can continue to receive training; animal shelter personnel serve a pertinent role in the control of zoonotic diseases. There is no anticipated cost to small businesses or micro-businesses nor to persons who are required to comply with the sections as proposed because they are not participants in this type of training. There is no anticipated effect on local employment.

The amendments are proposed under the Health and Safety Code, Chapter 823, "Animal Shelters," §823.004, which requires the Texas Board of Health (board) to prescribe standards and reasonable fees for training animal shelter personnel in animal health and disease control, humane care and treatment of animals, control of animals in an animal shelter, and transportation of animals; and §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

The amendments affect Health and Safety Code, Chapter 823.

§169.61.Purpose.

The purpose of these sections is to set standards [ ~~and charge fees~~ ] for the training of animal shelter and animal control personnel as to animal health and disease control, humane care and treatment, transportation of animals, and the control of animals in an animal shelter.

§169.62.Definitions.

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

(1) Animal Control Officer (ACO) course--An appropriate training session administered by the department [ ~~Texas Department of Health (department)~~ ]. There are three types of training: basic, advanced, and administrative.

(2)-(3) (No change.)

§169.63.Courses.

(a) The basic ACO course gives introductory instruction in the topics listed in §169.65 [ ~~§169.65(a)~~ ] of this title (relating to Course Content).

(c) The administrative ACO course includes instruction in supervisory and management skills needed [ ~~necessary~~ ] to implement and direct application of the concepts taught in the basic and advanced courses.

§169.64.Prerequisites for Course Attendance.

(a) Basic, advanced, or administrative. A person must apply [ ~~have applied~~ ] for attendance with the [ ~~department's~~ ] Regional Zoonosis Control Program conducting the ACO course. Course enrollment will be based on space availability policies set by the region hosting the course.

(b) Basic, advanced, or administrative. A fee will be charged for each person attending an ACO course. The fee will not exceed the amount equal to the cost of conducting the ACO course divided by the expected number of participants; this fee will not exceed $225.

(1) satisfactorily completed a basic ACO course and, subsequently, worked or volunteered in animal shelter/animal control activities at least 2,000 hours; and

(2) provided a recommendation from the individual's supervisor , including [ ~~to include~~ ] a statement that the person meets prerequisites for course attendance.

(d) [ ~~(c)~~ ] Administrative. A person must provide a recommendation from the individual's supervisor , including [ ~~to include~~ ] a statement that the person meets one of the following prerequisites for course attendance:

(1) satisfactory completion of [ ~~satisfactorily completed~~ ] an advanced ACO course;

(2) experience [ ~~worked~~ ] in an administrative position for two years; or

(3) completion of [ ~~completed~~ ] 60 hours of college credit.

§169.65.Course Content.

[ ~~(a)~~ ] The basic and advanced courses will include technical coverage of topics deemed pertinent to animal shelter/animal control personnel by the department's Zoonosis Control Division (ZCD) including, but not limited to, animal health and disease control, humane care and treatment of animals, control of animals in an animal shelter, and the transportation of animals. The administrative course will include instruction in supervisory and management skills necessary to implement and support the concepts taught in the basic and advanced courses.

~~[(b) There is no cost for attending a course. However, the Animal Control Officer Training Manual, which can be purchased from the department, is an essential reference.]~~

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 August 7, 2003.

TRD-200304861

Earliest possible date of adoption: September 21, 2003

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

Chapter 265. GENERAL SANITATION

Subchapter B. TEXAS YOUTH CAMPS SAFETY AND HEALTH

25 TAC §265.26

The Texas Department of Health (department) proposes new §265.26, concerning the prohibition of nudity at youth camps except in limited situations. Specifically, new §265.26 provides that a youth camp may not allow campers to be nude, except when taking a bath or shower in the camp's designated bathing or showering facilities, or when changing clothing and/or undergarments in the camp's designated cabins, dormitories, or other residential structures. The new section is necessary for the department to carry out its responsibilities under the Texas Youth Camp Safety and Health Act, Health and Safety Code, Chapter 141. The new rule is not due to recent legislation, but is in response to published comments from nudist associations that plan to operate nudist youth camps in Texas during the 2004 camping season.

Elias Briseno, Director, General Sanitation Division, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications to state or local government as a result of administering the section as proposed.

Mr. Briseno has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be to further protect public health by prohibiting nudity at youth camps where minors gather. There will be no costs to micro-businesses or small businesses to comply with the section as proposed, based on the department's interpretation of the rule and the lack of specific information that any particular nudist youth camp intends to apply for a youth camp license. There are no anticipated economic costs to persons who are required to comply with the section as proposed unless costs are incurred as a result of a rule violation. There is no anticipated impact on local employment.

Comments on the proposal may be submitted to Elias Briseno, Director, General Sanitation Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, (512) 834-6600, Extension 2303, Fax (512) 834-6707. Comments will be accepted for 30 days following publication of this proposal in the Texas Register .

The new section is proposed under the Health and Safety Code, §141.009, which provides the Texas Board of Health (board) with the authority to adopt rules to establish health and safety standards for youth camps; and the Health and Safety Code, §12.001, which provides the Texas Board of Health (board) with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

The new section affects Health and Safety Code, Chapter 141.

§265.26.Nudity Prohibited.

A youth camp may not allow campers to be nude, except when taking a bath or shower at the camp's designated bathing or showering facilities, or when changing clothing and/or undergarments in the camp's designated cabins, dormitories, or other residential structures.

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 August 7, 2003.

TRD-200304851

Earliest possible date of adoption: September 21, 2003

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

Subchapter J. ADVISORY COMMITTEE

25 TAC §265.131

The Texas Department of Health (department) proposes an amendment to §265.131, concerning the Registered Sanitarian Advisory Committee (committee). The committee has provided advice to the Texas Board of Health (board) and the department related to rules regarding registered professional sanitarians. The committee is established under the Health and Safety Code, §11.016, which allows the board to establish advisory committees. The committee is governed by the Government Code, Chapter 2110, concerning state agency advisory committees.

The department published a Notice of Intention to Review for §265.131 in the Texas Register on July 11, 2003 (28 TexReg 5549). No comments were received due to publication of this notice.

In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the Government Code, Chapter 2110), which requires that each state agency adopt rules on advisory committees. The rules must state the purpose of the committee, describe the tasks of the committee, describe the manner in which the committee will report to the agency, and establish a date on which the committee will be automatically abolished unless the governing body of the agency affirmatively votes to continue the committee's existence.

In 2001, the board established a rule relating to the Registered Sanitarian Advisory Committee. The rule states that the committee will automatically be abolished on September 1, 2003. The board has now reviewed and evaluated the committee and has determined that the committee should continue in existence until September 1, 2007.

This section amends provisions relating to the operation of the committee. Specifically, language is revised to: continue the committee until September 1, 2007; specify that the committee appoints its presiding and assistant presiding officers; include additional requirements regarding statements by members; and clarify the components that the committee must include in an annual report to the board.

Jacquelyn McDonald, Director of the Office of the Board of Health, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications for state and local government as a result of administering the section as proposed.

Ms. McDonald has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of amending the section will be to provide a continuance of the committee and continued advice to the department on this important issue. There will be no costs to small business or micro-business resulting from compliance with this section, as this section addresses only continuance of the committee; terms of office; statements by members; and information to be included in the annual report. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no anticipated impact on local employment.

The amendment is proposed under Health and Safety Code, §11.016, which allows the board to establish advisory committees; Health and Safety Code, §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner; and Government Code, §2110.005, which requires the department to adopt rules stating the purpose and tasks of its advisory committees.

The proposed amendment affects the Health and Safety Code, Chapters 11 and 12; and the Government Code, Chapter 2110. The review of this rule implements Government Code, §2001.039.

§265.131.Registered Sanitarian Advisory Committee.

(a)-(d) (No change.)

(e) Review and duration. By September 1, 2007 [ ~~2003~~ ], the board will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

(f)-(g) (No change.)

(h) Officers. The committee [ ~~chairman of the board~~ ] shall elect from its members [ ~~appoint~~ ] a presiding officer and an assistant presiding officer to begin serving on September 1 of each odd-numbered year.

(3) The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will [ ~~serve until a successor is appointed to~~ ] complete the unexpired portion of the term of the office of presiding officer.

(4) If the office of assistant presiding officer becomes vacant, it may be filled [ ~~temporarily~~ ] by vote of the committee [ ~~until a successor is appointed by the chairman of the board~~ ].

(5)-(6) (No change.)

(i) Meetings. The committee shall meet only as necessary [ ~~at least once each year~~ ] to conduct committee business.

(1)-(7) (No change.)

(j)-(m) (No change.)

(n) Statement by members.

(3) A committee member should not accept or solicit any benefit that might reasonably tend to influence the member in the discharge of the member's official duties.

(4) A committee member should not disclose confidential information acquired through his or her committee membership.

(5) A committee member should not knowingly solicit, accept, or agree to accept any benefit for having exercised the member's official powers or duties in favor of another person.

(6) A committee member who has a personal or private interest in a matter pending before the committee shall publicly disclose the fact in a committee meeting and may not vote or otherwise participate in the matter. The phrase "personal or private interest" means the committee member has a direct pecuniary interest in the matter but does not include the committee member's engagement in a profession, trade, or occupation when the member's interest is the same as all others similarly engaged in the profession, trade, or occupation.

(o) Reports to board. The committee shall file an annual written report with the board.

(2) The report shall identify the costs related to the committee's existence, including the cost of department staff time spent in support of the committee's activities and the source of funds used to support the committee's activities .

(3) (No change.)

(p) (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 August 7, 2003.

TRD-200304864

Earliest possible date of adoption: September 21, 2003

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

Chapter 289. RADIATION CONTROL

Subchapter D. GENERAL

25 TAC §289.205

The Texas Department of Health (department) proposes an amendment to §289.205, concerning hearing and enforcement procedures.

The department published a Notice of Intention to Review for §289.205 regarding Government Code, §2001.039, in the Texas Register (28 TexReg 1663) on February 21, 2003. No comments were received by the department on this section following publication of the notice.

This amendment is part of the department's continuing effort to update, clarify, and simplify its rules regarding the control of radiation based upon technological advances, public concerns, legislative directives, or other factors.

Ruth E. McBurney, C.H.P., Director, Division of Licensing, Registration and Standards, Bureau of Radiation Control, has determined that for each year of the first five years the section will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section as proposed.

Mrs. McBurney has also determined that for each year of the first five years the proposed section will be in effect, the public benefit anticipated as a result of enforcing the section will be to ensure continued protection of the public, workers, and the environment from unnecessary exposure to radiation by ensuring that rules are clear and specific and that those persons regulated are informed of the appropriate hearing and enforcement procedures. There will be no fiscal impact on applicants/licensees that are small businesses, micro-businesses or other persons required to comply with the rule. No additional costs will be incurred because no additional requirements are added. The revisions correct reference citations and clarify the intent. There is no anticipated impact on local employment.

Comments on the proposal may be submitted to Ruth E. McBurney, C.H.P., Director, Division of Licensing, Registration and Standards, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, Telephone (512) 834-6688 or electronic mail at Ruth.McBurney@tdh.state.tx.us. Public comments will be accepted for 30 days following publication of this proposal in the Texas Register . In addition, a public meeting to accept oral comments will be held at 1:30 p.m., Tuesday, September 30, 2003, in Conference Room N-218, Texas Department of Health, Bureau of Radiation Control, located at the Exchange Building, 8407 Wall Street, Austin, Texas.

The amendment is proposed under the Health and Safety Code, §401.051, which provides the Texas Board of Health (board) with authority to adopt rules and guidelines relating to the control of radiation; and §12.001, which provides the board with the authority to adopt rules for its procedure and for the performance of each duty imposed by law on the board, the department, or the commissioner of health.

The amendment affects Health and Safety Code, Chapters 12 and 401. The review of the rule implements Government Code, §2001.039.

§289.205.Hearing and Enforcement Procedures.

(a) Purpose. This section governs the following in accordance with the Texas Radiation Control Act (Act), the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001, and the Formal Hearing Procedures, §§1.21, 1.23, 1.25, and 1.27 [ ~~Chapter 1, §§1.21-1.34~~ ] of this title (relating to the Texas Board of Health):

(2) determining compliance with or granting of exemptions from the requirements of this chapter [ ~~agency rule~~ ], order, or condition of the license or certificate of registration;

(3)-(4) (No change.)

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

(2) Administrative Law Judge (ALJ) - Administrative law judge from the State Office of Administrative Hearings.

(3) [ ~~(2)~~ ] Applicant - A person seeking a license, certificate of registration, accreditation of mammography facility, or industrial radiographer certification, issued under the provisions of the Act and the requirements in this chapter.

(4) [ ~~(3)~~ ] Board - The Texas Board of Health.

(5) [ ~~(4)~~ ] Certified industrial radiographer - An individual who meets the definition of radiographer as stated in §289.255(c) of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography).

(6) [ ~~(5)~~ ] Commissioner - The Texas commissioner of health.

(7) [ ~~(6)~~ ] Contested case - A proceeding in which the agency determines the legal rights, duties, or privileges of a party after an opportunity for adjudicative hearing.

(8) [ ~~(7)~~ ] Director - The director of the radiation control program under the agency's jurisdiction.

(9) [ ~~(8)~~ ] Enforcement conference - A meeting held by the agency with management of a person [ ~~licensee, registrant, or a certified industrial radiographer~~ ] to discuss the following:

(A) safety, safeguards, or environmental problems;

(B) compliance with regulatory, license condition, or registration condition requirements;

(D) enforcement options available to the agency.

(10) [ ~~(9)~~ ] Hearing - A proceeding to examine an application or other matter before the agency in order to adjudicate rights, duties, or privileges.

[ ~~(10)~~ ~~Hearing examiner - An attorney selected by the agency to conduct hearings.~~ ]

(11) Interested person - A person who participates in a hearing concerning a contested case but who is not admitted as a party by the ALJ [ ~~hearing examiner~~ ].

(12) (No change.)

(13) Notice of violation - A written statement of one or more alleged infringements of a legally binding requirement. The notice [ ~~normally~~ ] requires the person receiving the notice [ ~~licensee, registrant, certified mammography system, or certified industrial radiographer~~ ] to provide a written statement describing the following:

(A) corrective steps taken by the person [ ~~licensee, registrant, certified mammography system, or certified industrial radiographer,~~ ] and the results achieved;

(B)-(C) (No change.)

(14) (No change.)

(15) Party - A person designated as such by the ALJ [ ~~hearing examiner~~ ]. A party may consist of the following:

(A)-(C) (No change.)

(16)-(17) (No change.)

(18) Radiation and Perpetual Care Account [ ~~Fund~~ ] - An account [ ~~A fund~~ ] established [ ~~in the state treasury~~ ] for the purposes described in the Act, §401.305.

(19)-(21) (No change.)

(1) Except as provided in subsections (d)-(f) of this section, when the agency grants, renews, denies, transfers, or amends any specific license for the possession of radioactive materials, or grants exemptions from requirements of this chapter [ ~~rules~~ ], orders, or licenses in accordance with the Act, the agency shall, no later than 30 days following the end of the month in which the action was taken, submit notice of the action for publication in the Texas Register . The action taken will remain in full force and effect unless and until modified by subsequent action of the agency.

(2) Any person who considers himself/herself a person affected by an agency action described in paragraph (1) of this subsection or any applicant/licensee may request a hearing by submitting a written request to [ ~~writing~~ ] the director within 30 days after the notice is published in the Texas Register .

(3) Either the applicant/licensee or the agency may contest the standing of a requestor as a person affected by motion filed with the ALJ [ ~~hearing examiner~~ ] no later than ten days prior to the hearing. The requestor has the burden of proof in a hearing to determine whether the requestor is a person affected.

(4) The ALJ [ ~~hearing examiner~~ ] may designate parties at the commencement of the hearing on the merits.

(d) Special procedures for issuing, renewing, or amending byproduct material licenses in accordance with §289.260 of this title.

(1)-(3) (No change.)

(4) When a hearing is requested in writing within 30 days after publication of the notice described in paragraph (2) of this subsection, the procedures described in subsection (c)(3) and (4) of this section and Formal Hearing Procedures, §§1.21, 1.23, 1.25, and 1.27 [ ~~Chapter 1, §§1.21-1.34~~ ] of this title apply. Failure to submit a written request for a hearing in the form specified by subsection (c)(2) of this section within 30 days may result in no hearing being held and the proposed agency action being taken.

(e) Special procedures for issuing or renewing licenses to process or store radioactive waste from other persons in accordance with §289.254 of this title (relating to Licensing of Radioactive Waste Processing and Storage Facilities).

(3) A hearing will be held only when requested, unless scheduled by the agency on its own motion. When a hearing is requested in writing by the date stated in the notice described in paragraph (1) of this subsection, the procedures described in subsection (c)(3) and (4) of this section and the Formal Hearing Procedures, §§1.21, 1.23, 1.25, and 1.27 [ ~~Chapter 1, §§1.21-1.34~~ ] of this title apply. Failure to submit a written request for a hearing in the form prescribed in subsection (c)(2) of this section on or before the stated date could result in denial of party status and in issuance or renewal of the license by the commissioner.

(A)-(H) (No change.)

(f) (No change.)

(g) Revocation of accreditation of mammography facilities.

(1) An accreditation of a mammography facility may be revoked, for any of the following:

(C) violation of, or failure to observe any of the terms and conditions of the Act, this chapter, or order of the agency.

(2) Before the agency revokes an accreditation of mammography facility, the agency shall give notice by personal service or by certified mail, addressed to the last known address, of the facts or conduct alleged to warrant the revocation by complaint, and order the accredited mammography facility to show cause why the mammography facility accreditation should not be revoked. The accredited mammography facility shall be given an opportunity to request a hearing on the matter no later than 30 days after service [ ~~receipt~~ ] of the notice.

(3) Any accredited mammography facility against whom the agency contemplates an action described in paragraph (1) of this subsection may request a hearing by submitting a written request to [ ~~writing~~ ] the director within 30 days of service of the notice [ ~~or date of mailing~~ ].

(h) Denial of an application for a license, certificate of registration, accreditation of a mammography facility, or industrial radiographer certification.

(2) Any applicant, licensee, registrant, mammography facility seeking accreditation, or certified industrial radiographer against whom the agency contemplates an action described in paragraph (1) of this subsection may request a hearing by submitting a written request to [ ~~writing~~ ] the director within 30 days of service of the notice [ ~~or date of mailing~~ ].

(i) Compliance procedures for licensees, registrants, [ ~~and~~ ] certified industrial radiographers , and other persons .

(1) A licensee, registrant, [ or ] certified industrial radiographer , or other person who commits a violation(s) will be issued a notice of violation.

(2) (No change.)

(3) Any license, certificate of registration, or industrial radiographer certification may be modified, suspended, or revoked in whole or in part, for any of the following:

(C) violation of, or failure to observe any of the [ ~~applicable~~ ] terms and conditions of the Act, this chapter, or of the license, certificate of registration, or industrial radiographer certification or order of the agency.

(4)-(6) (No change.)

(7) Except in cases in which the occupational and public health, interest, or safety requires otherwise, no license, certificate of registration, or industrial radiographer certification shall be modified, suspended, or revoked unless, prior to the institution of proceedings therefore, facts or conduct that may warrant such action shall have been called to the attention of the licensee, registrant, or certified industrial radiographer in writing, and the licensee, registrant, or certified industrial radiographer shall have been accorded an opportunity to demonstrate compliance with all lawful requirements.

(8) (No change.)

(9) Any applicant, licensee, registrant, or certified industrial radiographer against whom the agency contemplates an action described in paragraph (8) of this subsection may request a hearing by submitting a written request to [ ~~writing~~ ] the director within 30 days of service of the notice [ ~~or date of mailing~~ ].

(j) Assessment of administrative penalties [ ~~Administrative Penalties~~ ].

(1) When the agency determines that monetary penalties are appropriate, proposals for assessment of and hearings on administrative penalties shall be made in accordance with the Act, §401.384, and applicable sections of the Formal Hearing Procedures, §§1.21, 1.23, 1.25, and 1.27 [ ~~Chapter 1, §§1.21-1.34~~ ] of this title.

(2) (No change.)

(3) Application of administrative penalties. The agency may impose differing levels of penalties for different severity level violations and different classes of users as follows.

(A) Administrative penalties may be imposed for severity level I and II violations. Administrative penalties will be considered for severity level III, IV, and V violations when they are combined with those of higher severity level(s) or for repeated violations [ ~~that could have been prevented by corrective action and for which the licensee, registrant, or certified industrial radiographer did not take effective corrective action~~ ].

(B)-(D) (No change.)

(4) (No change.)

(k) Severity levels of violations for licensees, registrants, [ or ] certified industrial radiographers , or other persons .

(1) Violations for licensees, registrants, [ or ] certified industrial radiographers , or other persons shall be categorized by one of the following severity levels.

(A)-(E) (No change.)

(2)-(4) (No change.)

(l) Impoundment of sources of radiation.

(2) At the agency's discretion, the impounded sources of radiation may be disposed of by:

(C) returning the source of radiation [ ~~registration~~ ] to a licensee or registrant after the emergency is over and settlement of any compliance action; or

(D) (No change.)

(3) If agency action is necessary to protect the public health and safety, no prior notice need be given the owner or possessor. If agency action is not necessary to protect the public health and safety, the agency will give written notice to the owner and/or the possessor of the impounded source of radiation of the intention to dispose of the source of radiation. Notice shall be the same as provided in subsection (i)(8) of this section. The owner or possessor shall have 30 days from the date of personal service or mailing to request a hearing under the Formal Hearing Procedures, §§1.21, 1.23, 1.25, and 1.27 [ ~~Chapter 1, §§1.21-1.34~~ ] of this title, and in accordance with subsection (i)(9) of this section, concerning the intention of the agency. If no hearing is requested within that period of time, the agency may take the contemplated action, and such action is final.

(4) Upon agency disposition of a source of radiation, the agency may notify the owner and/or possessor of any expense the agency may have incurred during the impoundment and/or disposition and request reimbursement. If the amount is not paid within 60 days from the date of notice, the agency may request the Attorney General to file suit against the owner/possessor for the amount requested. [ If the owner/possessor desires to contest the amount of such charge, the owner/possessor may request a hearing under the Formal Hearing Procedures, Chapter 1, §§1.21-1.34 of this title and in accordance with subsection (i)(9) of this section. ]

(m) Emergency orders [ ~~for licenses, certificates of registration, or certified industrial radiographers~~ ].

(1) When an emergency exists requiring immediate action to protect the public health or safety or the environment, the agency may, without notice or hearing, issue an order citing the existence of such emergency and require that certain actions be taken as it shall direct to meet the emergency. The agency shall, no later than 30 days following the end of the month in which the action was taken, submit notice of the action for publication in the Texas Register . The action taken will remain in full force and effect unless and until modified by subsequent action of the agency. [ ~~These emergency orders shall apply to licenses, certificates of registration, or certified industrial radiographers.~~ ]

(2) In addition to the requirements of paragraph (1) of this subsection, the agency shall issue an order directing any action and corrective measure needed to remedy or neutralize the following emergency situations:

(B) if the person [ ~~licensee~~ ] managing the byproduct material, or the operation generating the byproduct material or the radioactive waste, is unable to correct or neutralize the threat.

(3)-(4) (No change.)

(5) The agency shall use any security provided by a licensee under the Act to pay toward the costs of such actions and corrective measures taken. If the cost of actions and corrective measures require more funds than the security has provided, the agency shall request the Attorney General to seek reimbursement from the licensee or person causing the threat.

(B) The agency may request the Attorney General to file suit for reimbursement if the agency uses security from the Radiation and Perpetual Care Account [ ~~Fund~~ ] to pay for actions or corrective measures to remedy spills or contamination by radioactive material resulting from a violation of the Act or requirements of this chapter [ ~~a rule~~ ], license, or order of the agency.

(6) The person receiving the order [ ~~licensee, registrant, or certified industrial radiographer~~ ] shall be afforded the opportunity for a hearing on an emergency order. Notice of the action, along with a complaint, shall be given to the person [ ~~licensee, registrant, or certified industrial radiographer~~ ] by personal service or certified mail, addressed to the last known address. A hearing shall be held on an emergency order if the person receiving the order submits a written request to the director [ ~~makes a written application to the agency for a hearing~~ ] within 30 days of the date of the order [ ~~date~~ ].

(A)-(C) (No change.)

(n) Miscellaneous provisions.

(E) At the discretion of the ALJ [ ~~hearing examiner~~ ] an interested person may make an unsworn statement. Such statement shall not be made a part of the record.

(2) Interested person.

(A)-(D) (No change.)

(3) Hearing location. Hearings will be held at the [ ~~agency~~ ] offices of the State Office of Administrative Hearings in Austin unless the ALJ [ ~~hearing examiner~~ ] specifies another location.

(4) Prepared testimony. The following shall apply to written testimony of a witness:

(B) written testimony shall be subject to objection and may be stricken by the ALJ [ ~~hearing examiner~~ ]. The witness shall be subject to cross-examination.

(6) Non-party witness and mileage fees.

(B) The person requesting the attendance of the witness or deponent must deposit with the agency the funds estimated by the ALJ [ ~~hearing examiner~~ ] to accrue in accordance with subparagraph (A) of this paragraph when filing a motion for the issuance of a subpoena or a commission to take a deposition.

(7) (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 August 7, 2003.

TRD-200304852

Earliest possible date of adoption: September 21, 2003

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

Chapter 295. OCCUPATIONAL HEALTH

The Texas Department of Health (department) proposes the repeal of existing §§295.101-295.109, concerning occupational health rules and guidelines, and new §295.101, concerning recommended allowable concentrations of toxic gases that are being made available to the public.

Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Section 295.101 has been reviewed and the department has determined that reasons for adopting the section continue to exist in that a rule on this subject is needed; however, §295.101 needs revisions as described in this preamble and is being proposed as a new section under an amended subchapter heading. Sections 295.102-295.109 have been reviewed and the department has determined that the reasons for adopting the sections as rules no longer continue to exist.

A notice of intention to review for §§295.101-295.109 was published in the January 5, 2001, issue of the Texas Register (26 TexReg 245) for the state agency review of rules in accordance with Government Code, §2001.039. No comments were received due to publication of this notice.

Existing §295.101 is being proposed for repeal and new §295.101 is being proposed in order to clarify the change in purpose of the section, remove obsolete exposure limits for hazardous substances, and provide recommended allowable concentrations of toxic gases. Sections 295.102-295.109 are being proposed for repeal because the sections were intended by the Legislature to serve only as guidance standards, and publication of such information in rules limits the department's ability to provide the most current recommended occupational health standards using the most cost effective means. Guidance standards and other occupational safety and health information will now be available to the public via the program's website or by contacting the program at the address and telephone number provided in new §295.101(d).

The proposed new title for Subchapter D, "Occupational Health Guidelines," clarifies that sections under this subchapter serve as occupational health guidelines, rather than occupational standards for places of employment. New §295.101(a) specifies that the information in the section is being provided in order to meet the requirement specified in the Health and Safety Code (HSC), §341.016(c)(1), for the department to provide the public with information on allowable concentrations of toxic gases. This subsection also clarifies that the department's authority to issue occupational standards is limited by the language in the Health and Safety Code, §341.016(c)(2), and the fact that since passage of HSC, §341.016 in 1945, the U.S. Occupational Safety and Health Administration (OSHA) has been given preemptive federal jurisdiction over occupational safety and health matters in Texas industrial establishments; i.e., in the private sector. Therefore, the information provided in the section is being provided as public information, rather than enforceable standards. New §295.101(b) provides information on how the department derived the List of Toxic Gases and Recommended Allowable Concentrations. Section 295.101(b) clarifies that the List of Toxic Gases includes only those gases that meet the OSHA Hazard Communication Standard's (29 Code of Federal Regulations, §1910.1200, Appendix A) definitions of "toxic" or "highly toxic" by inhalation. New §295.101(b) also clarifies that the toxic gases are identified by both chemical name and Chemical Abstract Service (CAS) Number and the Recommended Allowable Concentrations (RAC) for each gas was derived from the OSHA Permissible Exposure Limit for that substance, provided in both parts per million (ppm) and milligrams per cubic meter (mg/M3 ) of air, as appropriate. New §295.101(c) provides the List of Toxic Gases and RACs. New §295.101(d) provides a program mailing address and telephone number in order to ensure public access to the program's information.

Elias Briseno, Director, General Sanitation Division, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of administering the sections as proposed.

Mr. Briseno has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be increased public awareness of toxic gases and recommended allowable concentrations. There will be no costs to micro-businesses or small businesses to comply with the section as proposed since the rules are intended to serve only as guidelines. There are no anticipated economic costs to persons who are required to comply with the repeals and new section as proposed since the allowable concentrations of toxic gases proposed in new §295.101 are not enforceable by the department. There is no anticipated impact on local employment.

Comments on the proposal may be submitted to Elias Briseno, General Sanitation Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, (512) 834-6635, extension 2303, fax (512) 834-6707. Comments will be accepted for 30 days following publication of this proposal in the Texas Register . In addition, a public hearing on the proposed sections will be held at 9:00 a.m., Wednesday, September 3, 2003, at the Texas Department of Health, Room M-653, 1100 West 49th Street, Austin, Texas.

Subchapter D. OCCUPATIONAL HEALTH RULES AND GUIDELINES

25 TAC §§295.101 - 295.109

The repeals are proposed under the Health and Safety Code, §341.002, which provides the Texas Board of Health (board) with the authority to adopt necessary rules to administer and enforce Chapter 341; §341.016(c)(1), which requires the department to make available to the state's citizens information concerning allowable concentrations of toxic gases; and §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

The repeals affect the Health and Safety Code, Chapter 341. The review of the existing sections implements Government Code, §2001.039.

§295.101.Threshold Limit Values of Airborne Contaminants.

§295.102.Exposure to Toxic and Hazardous Substances.

§295.103.Occupational Noise Exposure.

§295.104.Respiratory Protection.

§295.105.Ventilation.

§295.106.Environmental Standards in Industrial Establishments.

§295.107.Sanitation in the Workplace.

§295.108.Access to Employee Exposure and Medical Records.

§295.109.Medical Services and First Aid.

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 August 7, 2003.

TRD-200304856

Earliest possible date of adoption: September 21, 2003

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

Subchapter D. OCCUPATIONAL HEALTH GUIDELINES

25 TAC §295.101

The new section is proposed under the Health and Safety Code, §341.002, which provides the Texas Board of Health (board) with the authority to adopt necessary rules to administer and enforce Chapter 341; §341.016(c)(1), which requires the department to make available to the state's citizens information concerning allowable concentrations of toxic gases; and §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

The new section affects the Health and Safety Code, Chapter 341. The review of the existing sections being repealed into this new section implements Government Code, §2001.039.

(a) Purpose. The authority for these rules is granted to the Texas Department of Health (department) in the Health and Safety Code, §341.002. The purpose of this section is to provide the public with information on recommended allowable concentrations of toxic gases, as specified in the Health and Safety Code (HSC), §341.016(c)(1). Since HSC, §341.016, only provides the department with authority for developing occupational and sanitation standards for industrial establishments, and since the department's authority over industrial establishments is preempted by the U.S. Occupational Safety and Health Administration (OSHA), the department is issuing the List of Toxic Gases and Recommended Allowable Concentrations only as a guideline.

(b) Information sources. In developing the List of Toxic Gases and Recommended Allowable Concentrations (RACs) for this section, the department used the following information and criteria.

(1) The List of Toxic Gases was derived from those gases appearing in Table Z-1, "Limits for Air Contaminants," published by the U.S. Occupational Safety and Health Administration (OSHA) in 29 Code of Federal Regulations (CFR), §1910.1000. Only those gases that had a Median Lethal Concentration (LC(50)) in air of more than 200 parts per million (ppm) were selected for inclusion on the List of Toxic Gases. The department used the LC(50) criterion to ensure that only those gases that met the definition of "highly toxic" or "toxic," as those terms are defined in OSHA's Hazard Communication Standard, 29 CFR, §1910.1200, Appendix A, would be included on the List of Toxic Gases.

(2) In order to ensure a unique identity for each toxic gas and provide the public with information that could be used to match chemical name synonyms to a specific listed gas, both the chemical name and the corresponding Chemical Abstract Service Number (CAS#) are referenced in the List of Toxic Gases.

Figure: 25 TAC §295.101(c)

(d) Responsibility for implementation of program. The department's responsibilities under this section are carried out through its General Sanitation Division. Routine inquiries regarding this section and requests for additional guidance related to occupational health and safety should be addressed to: Texas Department of Health, General Sanitation Division, 1100 West 49th Street, Austin, Texas 78756, or telephone number (512) 834-6635.

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 August 7, 2003.

TRD-200304857

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: September 21, 2003

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

Subchapter E. INDUSTRIAL HOMEWORK STANDARDS

25 TAC §§295.121 - 295.126

The Texas Department of Health (department) proposes the repeal of existing §§295.121-295.126, concerning industrial homework standards.

A notice of intention to review for §§295.121-295.126 was published in the January 5, 2001, issue of the Texas Register (26 TexReg 245) for the state agency review of rules in accordance with Government Code, §2001.039. No comments were received due to publication of this notice.

Existing §§295.121-295.126 are being proposed for repeal in order to remove unnecessary language and delete an obsolete reference to a program created in 1937 when industrial homeworkers were commonly used to manufacture articles for employers. The existing rules contain language that is redundant with language in the Health and Safety Code (HSC), Chapter 143, the Industrial Homework Act, and is being proposed for repeal in order to remove unnecessary rules.

Mr. Briseno has also determined that for each year of the first five years the repeals are in effect, the public benefit anticipated as a result of the repeals will be elimination of unnecessary rules. There will be no costs to micro-businesses or small businesses as a result of repealing the sections because all of the requirements for compliance with HSC, Chapter 143, are included in the language of the statute. There are no anticipated economic costs to persons as a result of repealing the sections. There is no anticipated impact on local employment.

The repeals are proposed under HSC, §143.010, which provides the Texas Board of Health (board) with the authority to adopt necessary rules to administer and enforce Chapter 143; and §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

The repeals affect HSC, Chapter 143. The review of the rules implements Government Code, §2001.039.

§295.121.Scope and Purpose.

§295.122.Definitions.

§295.123.General Requirements.

§295.124.Employer's Permit.

§295.125.Homeworker's Certificate.

§295.126.Forms.

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 August 7, 2003.

TRD-200304860