TITLE rule-review

Agency Rule Review Plan--Revised

Texas State Board of Examiners of Psychologists

Title 22, Part 21

TRD-200301115

Filed: February 13, 2003


Proposed Rule Reviews

Texas State Board of Medical Examiners

Title 22, Part 9

The Texas State Board of Medical Examiners proposes to review Chapter 167, (§§167.1-167.8), concerning Reinstatement and Reissuance, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners is contemporaneously proposing amendments to §§167.1, 167.2, 167.4-167.6, elsewhere in this issue of the Texas Register .

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas, 78768-2018.

TRD-200301303

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


The Texas State Board of Medical Examiners proposes to review Chapter 169, (§§169.1-169.8), concerning Authority of Physicians to Supply Drugs, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners is contemporaneously proposing amendments to §§169.1-169.5 and 169.7, elsewhere in this issue of the Texas Register .

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas, 78768-2018.

TRD-200301304

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


The Texas State Board of Medical Examiners proposes to review Chapter 196, (§§196.1-196.5), concerning Voluntary Surrender of a Medical License, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners is contemporaneously proposing amendments to §§196.1-196.5, elsewhere in this issue of the Texas Register .

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas, 78768-2018.

TRD-200301305

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


The Texas State Board of Medical Examiners proposes to review Chapter 198, (§§198.1), concerning Unlicensed Practice, pursuant to the Texas Government Code, §2001.039.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas, 78768-2018.

TRD-200301306

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


The Texas State Board of Medical Examiners proposes to review Chapter 200, (§§200.1-200.3), concerning Standards for Physicians Practicing Integrative and Complementary Medicine, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners is contemporaneously proposing amendments to §§200.1-200.3, elsewhere in this issue of the Texas Register . The chapter name will change to Standards for Physicians Practicing Complementary and Alternative Medicine.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas, 78768-2018.

TRD-200301307

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


Texas State Board of Examiners of Psychologists

Title 22, Part 21

The Texas State Board of Examiners of Psychologists proposes to review Chapter 461 (concerning General Rulings) and Board rules §§463.1-463.15 (concerning Licensing and concerning Rules of Practice), in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes to amend the existing §461.3, Former Board Members, §461.11, Continuing Education, §461.15, Compliance with Act, Rules, Board Directives, Board Directives and Orders, §461.17, Profile Information, §463.2, Application Process, and §463.9, Licensed Specialist in School Psychology. The proposed amendments may be found in the Proposed Rules section of the Texas Register . The Board is not proposing any changes to existing §§461.1, 461.2, 461.4 - 461.9, 461.13, 461.14, 461.16, 461.31, 461.35, 463.1, 463.3 - 463.8, and 463.10 - 463.14.

Comments on the proposals may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Tower II, Suite 450, Austin, Texas 78701.

TRD-200301114

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: February 13, 2003


Adopted Rule Reviews

Texas Commission on Fire Protection

Title 37, Part 13

The Texas Commission on Fire Protection (the "TCFP") readopts without change Chapter 403, Criminal Convictions and Eligibility for Certification, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the December 20, 2002, issue of the Texas Register (27 TexReg 12021). No comments were received regarding readoption of the chapter.

The following sections of Chapter 403 were reviewed: §403.1 Purpose, §403.3 Scope, §403.5 Access to Criminal History Record Information, §403.7 Criminal Convictions Guidelines, §403.9 Mitigating Factors, §403.11 Procedures for Suspension, Revocation, or Denial of a Certificate to Persons with Criminal Backgrounds, and §403.15 Report of Convictions by Individual or Department.

The TCFP determined that the original reasons for adoption of these rules continue to exist.

TRD-200301211

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: February 18, 2003


The Texas Commission on Fire Protection (the "TCFP") readopts with changes sections of Chapter 433, Driver/Operator - Pumper, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the December 20, 2002, issue of the Texas Register (27 TexReg 12022). No comments were received regarding readoption of the chapter.

Specifically, the following sections of Chapter 433 were reviewed: §433.1 Driver/Operator - Pumper Certification, §433.3 Minimum Standards for Driver/Operator - Pumper Certification, §433.5 Examination Requirements, and §433.7 International Fire Service Accreditation Congress (IFSAC) Certification.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP proposed amendments to §433.5 and §433.7, to clarify the written and performance skills portions of examinations for Driver/Operator - Pumper meet the requirements in Chapter 439, Examinations for Certification, and to clarify which individuals may be granted an IFSAC seal for Driver/Operator - Pumper. The proposed amendments were published in the December 20, 2002, issue of the Texas Register (27 TexReg 11906). No comments were received regarding the proposed amendments.

TRD-200301212

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: February 18, 2003


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) readopts, without changes, 16 TAC Chapter 70, Industrialized Housing and Building: §§70.1, 70.10, 70.20-70.23, 70.30, 70.40, 70.50, 70.51, 70.60-70.65, 70.70-70.78, 70.80, 70.90-70.92, 70.100-70.103, and 70.120 in accordance with the Texas Government Code, §2001.039. The proposed rule review was published in the January 3, 2003, issue of the Texas Register (28 TexReg 372).

The comment period on the proposal and review closed February 2, 2003. No comments were received regarding re-adoption of this chapter.

Texas Government Code, §2001.039 requires state agencies to review and consider for re-adoption rules adopted under the Administrative Procedures Act. The review must include, at a minimum, an assessment that the reason for the rules continues to exist. The Department has conducted a review of the rules in Chapter 70 and determined that the rules are still essential in effectuating the provisions of the Texas Civil Statutes, Article 5221f-1, which gives the Department the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200301086

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 13, 2003


Texas State Board of Medical Examiners

Title 22, Part 9

The Texas State Board of Medical Examiners adopts the review of Chapter 164, (§§164.1-164.5), concerning Physician Advertising, pursuant to the Texas Government Code, §2001.039.

The proposed review was published in the January 3, 2003, issue of the Texas Register (28 TexReg 372).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 164, Physician Advertising.

TRD-200301300

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


The Texas State Board of Medical Examiners adopts the review of Chapter 190, (§190.1), concerning Disciplinary Guidelines, pursuant to the Texas Government Code, §2001.039.

The proposed review was published in the January 3, 2003, issue of the Texas Register (28 TexReg 372).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 190, concerning Disciplinary Guidelines

TRD-200301301

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


The Texas State Board of Medical Examiners adopts the review of Chapter 191, (§§191.1-191.5), concerning District Review Committees, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners contemporaneously adopts amendments to §§191.1, 191.3-191.5 elsewhere in this issue of the Texas Register .

The proposed review was published in the January 3, 2003, issue of the Texas Register (28 TexReg 372).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 191, District Review Committees.

TRD-200301302

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 20, 2003


Texas State Board of Examiners of Psychologists

Title 22, Part 21

The Texas State Board of Examiners of Psychologists adopts the review of §§465.21-465.38, concerning Rules of Practice, in accordance with the Appropriates Act, Section 167. The proposed rule review appeared in the December 6, 2002, issue of the Texas Register (27 TexReg 11627). No comments were received related to the rule review requirement.

As part of this review process, the Board adopted to amend the existing §465.22, Psychological Records, Test Data and Test Protocols, §465.32, Disposition and Assumption of the Practice of a Mental Health Professional, §465.33, improper Sexual Conduct, §465.35, Resolution of Allegations of Board rule Violations, and to delete the existing §465.36, code of Ethics in accordance with the Appropriations Act, Section 167. The adopted amendments may be found in the Adopted Rules section of the Texas Register .

TRD-200301116

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: February 13, 2003


Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this statement of completion of the review of 16 TAC §3.94, relating to Disposal of Oil and Gas NORM Waste. The notice of review was published in the August 23, 2002, issue of the Texas Register (27 TexReg 7998) and conducted in accordance with Texas Government Code, §2001.039, and in conjunction with the proposed repeal of §3.94 and adoption of new rules in 16 TAC Chapter 4, new Subchapter F, to be entitled Oil and Gas NORM. In a separate action, the Commission has adopted the repeal of §3.94 and the new rules in 16 TAC Chapter 4, new Subchapter F. The Commission has determined that the reasons for adopting rules relating to oil and gas NORM waste continue to exist. A summary of comments on these proposals and the Commission's response to the comments are included in the adoption preamble for the new Subchapter F rules.

Issued in Austin, Texas, on February 11, 2003.

TRD-200301077

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: February 13, 2003