Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 37.
MATERNAL AND INFANT HEALTH SERVICES
The Texas Department of Health (department) proposes the repeal of §§37.231-37.244,
concerning the Maternal and Infant Health Improvement Program; §§37.261-37.270,
concerning the State Maternal and Infant Health Care Program Advisory Committee;
and §37.281, concerning the Maternal and Child Health Advisory Committee.
Specifically, §§37.231-37.244 cover purpose and scope; definitions;
program; contract and written agreements; selection of providers; eligibility
for prenatal care services; eligibility for high-risk patient services; services
provided to patients; coordination of benefits and recovery of costs; denial/modification/suspension/termination
of services; development and improvement of guidelines and services; appeals,
confidentiality, gifts, and nondiscrimination; items adopted by reference;
and memorandum of understanding. Sections 37.261-37.270 cover authorization;
purpose; membership; officers; meetings; quorum; subcommittees; parliamentary
procedure; minutes; and public participation. Section 37.281 covers procedures
of the Maternal and Child Health Advisory Committee.
Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to Government
Code, Chapter 2001 (Administrative Procedure Act). Sections 37.231-37.244,
37.261-37.270, and 37.281 have been reviewed, and the department has determined
that reasons for adopting the sections do not exist. Since the maternal and
infant health improvement program and both advisory committees are no longer
operational, the rules are not needed.
The department published a Notice of Intention to Review for §§37.231-37.244,
37.261-37.270, and 37.281 as required by Government Code, §2001.039,
in the
Texas Register
on April 28, 2000, (25
TexReg 3799). No comments were received as a result of the publication of
the notice.
Chan McDermott, Perinatal Health Program Coordinator, has determined that
for each year of the first five years the repeal of the sections is in effect,
there will be no fiscal implications as a result of enforcing or administering
the repeal of the sections for state or local government. Neither the program
nor the two advisory committees are operational, and no funds have been or
will be expended for their administration.
Ms. McDermott has also determined that for each year of the first five
years the repeal of the sections is in effect, the public benefit anticipated
as a result of enforcing the repeal will be increased clarity and more efficient
use of the department's rules by elimination of sections that are no longer
necessary. There will be no costs to small businesses or micro-businesses
since none of these entities has ever been required to comply with the sections.
There are no anticipated costs to persons who are required to comply with
the sections as proposed. No impact on local employment is anticipated.
Comments on the proposal may be submitted to Chan McDermott, Perinatal
Health Program Coordinator, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756-3139, (512) 458-7796. Comments will be accepted for 30
days following publication of this proposal in the
Texas Register
.
Subchapter L. MATERNAL AND INFANT HEALTH IMPROVEMENT PROGRAM
25 TAC §§37.231 - 37.244
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections 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 repeals are proposed under Health and Safety
Code, §32.006, which directs the Board of Health (board) to adopt rules
necessary to administer Chapter 32; and Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and the commissioner
of health.
The repeal of the sections affects Health and Safety Code, Chapter 32;
and implements Government Code, §2001.039.
§37.231.Purpose and Scope.
§37.232.Definitions.
§37.233.Program.
§37.234.Contract and Written Agreements.
§37.235.Selection of Providers.
§37.236.Eligibility for Prenatal Care Services.
§37.237.Eligibility for High-Risk Patient Services.
§37.238.Services Provided to Patients.
§37.239.Coordination of Benefits and Recovery of Costs.
§37.240.Denial/Modification/Suspension/Termination of Services.
§37.241.Development and Improvement of Guidelines and Services.
§37.242.Appeals, Confidentiality, Gifts, and Nondiscrimination.
§37.243.Items Adopted by Reference.
§37.244.Memorandum of Understanding.
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 June 13, 2003.
TRD-200303562
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
25 TAC §§37.261 - 37.270
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections 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 repeals are proposed under Health and Safety
Code, §32.006, which directs the Board of Health (board) to adopt rules
necessary to administer Chapter 32; and Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and the commissioner
of health.
The repeal of the sections affects Health and Safety Code, Chapter 32;
and implements Government Code, §2001.039.
§37.261.Authorization.
§37.262.Purpose.
§37.263.Membership.
§37.264.Officers.
§37.265.Meetings.
§37.266.Quorum.
§37.267.Subcommittees.
§37.268.Parliamentary Procedure.
§37.269.Minutes.
§37.270.Public Participation.
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 June 13, 2003.
TRD-200303563
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
25 TAC §37.281
(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 repeal is proposed under Health and Safety Code, §32.006,
which directs the Board of Health (board) to adopt rules necessary to administer
Chapter 32; and Health and Safety Code, §12.001, which provides the board
with authority to adopt rules for the performance of every duty imposed by
law on the board, the department, and the commissioner of health.
The repeal of the section affects Health and Safety Code, Chapter 32; and
implements Government Code, §2001.039.
§37.281.Procedures of the Maternal and Child Health 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 June 13, 2003.
TRD-200303564
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
The Texas Department of Health (department) proposes the repeal of §§109.1-109.7,
109.15, and 109.25-109.31, concerning the department's hospitals, which consist
of Texas Center for Infectious Disease (TCID) and South Texas Health Care
System (STHCS). The sections affect matters related to internal management
and operation of TCID and STHCS, and management of certain tuberculosis patient
affairs.
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). The sections
have been reviewed and the department has determined that the reasons for
adopting the sections do not continue to exist due to organizational changes
in facility management and operation, as statutorily mandated by Acts, 76th
Legislature, 1999, Chapter 264 (House Bill 1748) and Chapter 1106 (House Bill
3504); and Acts, 77th Legislature, 2001, Article II, page II-45, §68,
and Article IX, page IX-107, §10.87. Changes in the management of tuberculosis
patient affairs have been maintained to conform with hospital standards published
by private accreditation manuals and considered best practice. Also, written
policies supersede the sections. The current rules are obsolete.
The department published a Notice of Intention to Review the sections as
required by Government Code, §2001.039, in the January 7, 2000, issue
of the
Texas Register
(25 TexReg 219). No
comments were received as a result of this publication.
Each section was analyzed for current applicability and for need to delete
obsolete, unenforceable, and unnecessary language. The proposed repeal of
the rules will more accurately reflect the manner in which each facility is
currently managed and operated and will improve the flexibility of written
policies in place at each facility, including written policies that relate
to tuberculosis patient management. Flexibility is needed in the changing
legal environment related to operation and management of the facilities.
Jim Elkins, Hospital Director for TCID, and Maria Diaz, Director of STHCS,
have each determined that for each year of the first five-years the sections
are in effect, there will not be any fiscal implication to state or local
government as a result of enforcing or administering the repeal of the sections
as proposed.
Mr. Elkins and Dr. Diaz have also determined that for each year of the
first five years the sections are in effect, the public benefits anticipated
as a result of enforcing or administering the rules will be to maintain greater
flexibility in the operation and management of each facility in order to continue
the provision of public health care services by each facility.
There will be no costs to micro-businesses or small businesses to comply
with the sections as proposed, because the sections that affect third parties
have been superceded by written policies, and the sections as proposed do
not change the management or operation of TCID or STHCS and do not change
the management of tuberculosis patient affairs. The sections as proposed eliminate
obsolete provisions that have been replaced by written policies applicable
to each facility. There are no anticipated economic costs to persons who are
required to comply with the sections as proposed. There is no anticipated
impact on local employment.
Comments on the proposal may be submitted to Sharon Alexander, Assistant
General Counsel, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756-3183, (512) 458-7236. Comments will be accepted for 30 days following
publication of this proposal in the
Texas Register
.
Subchapter A. HOSPITAL AND MEDICAL STAFF BYLAWS
25 TAC §§109.1 - 109.7, 109.15
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections 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 repeal of these sections is proposed under the
Texas Health and Safety Code, §12.001, which provides the Board of Health
(board) with the authority to adopt rules and to implement every duty imposed
by law on the board, the department, and the commissioner of health; and,
under Texas Health and Safety Code, Chapter 13, which provides the board with
authority to operate the department hospitals.
The sections proposed for repeal affect the Texas Health and Safety Code,
Chapters 12 and 13, concerning operation and management of the facilities
and management of tuberculosis patient affairs; and also affect Texas Health
and Safety Code, Chapter 81, concerning prevention and control of communicable
diseases, including tuberculosis patient quarantine procedures. The sections
proposed for repeal also implement Government Code, §2001.039.
§109.1.Purpose.
§109.2.Definitions.
§109.3.Governance.
§109.4.Hospital Bylaws.
§109.5.Hospital Committees.
§109.6.Medical Staff.
§109.7.Auxillary Organizations.
§109.15.Medical Staff Bylaws.
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 June 13, 2003.
TRD-200303560
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
25 TAC §§109.25 - 109.31
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections 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 repeal of these sections is proposed under the
Texas Health and Safety Code, §12.001, which provides the Board of Health
(board) with the authority to adopt rules and to implement every duty imposed
by law on the board, the department, and the commissioner of health; and,
under Texas Health and Safety Code, Chapter 13, which provides the board with
authority to operate the department hospitals.
The sections proposed for repeal affect the Texas Health and Safety Code,
Chapters 12 and 13, concerning operation and management of the facilities
and management of tuberculosis patient affairs; and also affect Texas Health
and Safety Code, Chapter 81, concerning prevention and control of communicable
diseases, including tuberculosis patient quarantine procedures. The sections
proposed for repeal also implement Government Code, §2001.039.
§109.25.Patient Transfers.
§109.26.Funeral Service Contracts.
§109.27.Gifts, Grants, and Donations.
§109.28.Clothing Needs of Patients.
§109.29.Marking of Indigent Patients' Graves.
§109.30.Admission of Quarantine Patients.
§109.31.Disposition of Patients' Trust Funds and Miscellaneous Personal Property.
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 June 13, 2003.
TRD-200303561
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
25 TAC §123.3
The Texas Department of Health (department) proposes an amendment
to §123.3, concerning the Respiratory Care Practitioners Advisory Committee
(committee). The committee has provided advice to the Texas Board of Health
(board) and the department related to rules and examinations for the certification
of respiratory care practitioners. 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.
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). The department
has reviewed §123.3 and has determined that reasons for adopting the
section continue to exist; however, changes were necessary as described in
this preamble.
The department published a Notice of Intention to Review for §123.3
in the
Texas Register
on May 30, 2003 (28
TexReg 4325). 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 Respiratory Care
Practitioners Advisory Committee. The rule states that the committee will
automatically be abolished on November 1, 2003. The board has now reviewed
and evaluated the committee and has determined that the committee should continue
in existence until November 1, 2007.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to: continue the committee until November
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.
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 amendment is proposed under 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; the Government Code, Chapter 2110; and implements Government Code, §2001.039.
§123.3.Respiratory Care Practitioners Advisory Committee.
(a)-(d)
(No change.)
(e)
Review and duration. By November 1,
2007
[
(f)-(g)
(No change.)
(h)
Officers. The
committee
[
(1)
Each officer shall serve until
October 31 of each
odd-numbered year. Each officer may holdover until his or her replacement
is elected.
[
(2)
(No change.)
(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 [
(4)
If the office of assistant presiding officer becomes vacant,
it may be filled [
(5)-(6)
(No change.)
[(7)
The presiding officer and assistant presiding
officer serving on October 1, 1999, will continue to serve until the chairman
of the board appoints their successors.]
(i)-(m)
(No change.)
(n)
Statement by members.
(1)-(2)
(No change.)
(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.
(1)
(No change.)
(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 June 13, 2003.
TRD-200303565
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
The Texas Department of Health (department) proposes amendments to §§129.1
- 129.2 and the repeal of §129.3, concerning the Opticians' Registry
Advisory Committee (committee). The committee has provided advice to the Texas
Board of Health (board) and the department in the area of opticianry and the
regulation of dispensing opticians.
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 Opticians' Registry
Advisory Committee. The rule states that the committee will automatically
be abolished on November 1, 2003, and the board has determined that the committee
should be abolished on that date. Issues relating to the type of advice previously
provided by the committee are better addressed through the establishment of
ad hoc workgroups.
The amendments to §§129.1 and 129.2 and the repeal of §129.3
are necessary to eliminate language referencing the committee.
Jacquelyn McDonald, Director, Office of the Board of Health, has determined
that for each year of the first five years the sections are in effect, there
will be no fiscal implications for state or local governments as a result
of enforcing or administering these sections.
Ms. McDonald has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated will be increased
flexibility and breadth in obtaining specific input on issues related to opticianry
and the regulation of dispensing opticians. There will be no effect on micro-businesses
or small businesses. The proposed rules 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 sections will be accepted
for 30 days following publication in the
Texas Register
.
25 TAC §129.1, §129.2
The amendments are proposed under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; 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 amendments affect the Health and Safety Code, Chapter 11;
and the Government Code, Chapter 2110.
§129.1.Purpose and Construction.
(a)
(No change.)
(b)
Construction. These sections cover definitions; [
§129.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)-(8)
(No change.)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(A)
prescription analysis and interpretation;
(B)
the taking of measurements of the face, including interpupillary
distances, to determine the size, shape, and specification of the spectacle
lenses or frames best suited to the wearer's needs;
(C)
the preparation and delivery of work orders to laboratory
technicians engaged in grinding lenses and fabricating spectacles;
(D)
the verification of the quality of finished spectacle lenses;
(E)
the adjustment of spectacle lenses or frames to the intended
wearer's face; and
(F)
the adjustment, repair, replacement, reproduction, or duplication
of previously prepared spectacle lenses, frames, or other specially fabricated
optical devices, other than contact lenses.
(17)
[
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 June 13, 2003.
TRD-200303559
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
25 TAC §129.3
(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 repeal is proposed under the Health and Safety
Code, §11.016, which allows the board to establish advisory committees;
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, Chapter 11; and the Government Code, Chapter 2110.
§129.3.Opticians' Registry 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 June 13, 2003.
TRD-200303558
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
25 TAC §143.3
The Texas Department of Health (department) proposes an amendment
to §143.3, concerning the Medical Radiologic Technologist Advisory Committee
(committee). The committee has provided advice to the Texas Board of Health
(board) and the department related to rules and examinations for the certification
of medical radiologic technologists. 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.
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). The department
has reviewed §143.3 and has determined that reasons for adopting the
section continue to exist; however, changes were necessary as described in
this preamble.
The department published a Notice of Intention to Review for §143.3
in the
Texas Register
on May 30, 2003 (28
TexReg 4325). 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 Medical Radiologic
Technologist Advisory Committee. The rule states that the committee will automatically
be abolished on November 1, 2003. The board has now reviewed and evaluated
the committee and has determined that the committee should continue in existence
until November 1, 2007.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to: continue the committee until November
1, 2007; specify that the committee appoints its presiding and assistant presiding
officers; indicate the terms of office; 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; the terms of
office; and statements and/or actions by members. 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.
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 amendment is proposed under 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; the Government Code, Chapter 2110; and implements Government Code, §2001.039.
§143.3.Medical Radiologic Technologist Advisory Committee.
(a)-(d)
(No change.)
(e)
Review and duration. By November 1,
2007
[
(f)-(g)
(No change.)
(h)
Officers. The
committee
[
(1)
Each officer shall serve until
October 31 of each
odd-numbered year. Each officer may holdover until his or her replacement
is elected.
[
(2)
(No change.)
(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 [
(4)
If the office of assistant presiding officer becomes vacant,
it may be filled [
(5)-(6)
(No change.)
[
(i)-(m)
(No change.)
(n)
Statements by members.
(1)-(2)
(No change.)
(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.
(1)
(No change.)
(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 June 13, 2003.
TRD-200303557
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
25 TAC §146.2
The Texas Department of Health (department) proposes an amendment
to §146.2, concerning the Promotor(a) or Community Health Worker Training
and Certification Advisory Committee (committee). The committee has provided
advice to the Texas Board of Health (board) and the department related to
the review of applications and the recommendation of qualifying applicants
as sponsoring institutions, training instructors or as promotores(as) or community
health workers. The committee also recommends new or amended rules for the
approval of the board. 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.
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). The department
has reviewed §146.2 and has determined that reasons for adopting the
section continue to exist; however, changes were necessary as described in
this preamble.
The department published a Notice of Intention to Review for §146.2
in the
Texas Register
on May 2, 2003 (28 TexReg
3741). 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 Promotor(a) or Community
Health Worker Training and Certification Advisory Committee. The rule states
that the committee will automatically be abolished on November 1, 2003. The
board has now reviewed and evaluated the committee and has determined that
the committee should continue in existence until November 1, 2007.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to: continue the committee until November
1, 2007; change the terms of committee membership from four years to six years;
include additional requirements regarding statements by members; add requirements
related to travel reimbursement; 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 amending 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; adds requirements related
to travel reimbursement; and the information to be included in an 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.
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 amendment is proposed under 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; the Government Code, Chapter 2110; and implements Government Code, §2001.039.
§146.2.Promotor(a) or Community Health Worker Training and Certification Advisory Committee.
(a)-(d)
(No change.)
(e)
Review and duration. By November 1,
2007
[
(f)
Composition. The committee shall be composed of nine members
appointed by the board. The composition of committee shall include:
(1)-(2)
(No change.)
(3)
one member from the Texas Higher Education Coordinating
Board, or a higher education faculty member who has teaching experience in
community health, public health or adult education and has trained promotores(as)
or community health workers;
and
(4)
two professionals who work with promotores(as) or community
health workers in a community setting
.
[
(g)
Terms of office. The term of office
of
each
member shall be
six
[
(1)-(2)
(No change.)
(h)-(m)
(No change.)
(n)
Statement by members. [
(1)
The board, the department,
and the committee shall not be bound in any way by any statement or action
on the part of any committee member except when a statement or action is in
pursuit of specific instructions from the board, department, or committee.
(2)
The committee and its members
may not participate in legislative activity in the name of the board, the
department, or the committee except with approval through the department's
legislative process. Committee members are not prohibited from representing
themselves or other entities in the legislative process.
(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.
(1)
(No change.)
(2)
The report shall identify the costs related to the committee's
existence, including the cost of
department
[
(3)
(No change.)
(p)
Reimbursement for expenses.
In accordance with the requirements set forth in the Government Code, Chapter
2110, a committee member may receive reimbursement for the member's expenses
incurred for each day the member engages in official committee business if
authorized by the General Appropriations Act or budget execution process.
(1)
No compensatory per diem shall be paid to committee
members unless required by law.
(2)
A committee member who is an employee of a state
agency, other than the department, may not receive reimbursement for expenses
from the department.
(3)
A nonmember of the committee who is appointed
to serve on a subcommittee may not receive reimbursement for expenses from
the department.
(4)
Each member who is to be reimbursed for expenses
shall submit to staff the member's receipts for expenses and any required
official forms not later than 14 days after each committee meeting.
(5)
Requests for reimbursement of expenses shall
be made on official state vouchers prepared by department staff.
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 June 13, 2003.
TRD-200303556
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 458-7236
Chapter 419.
MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
Subchapter D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM
Subchapter N. STATE MATERNAL AND INFANT HEALTH CARE PROGRAM ADVISORY COMMITTEE
Subchapter O. MATERNAL AND CHILD HEALTH ADVISORY COMMITTEE
Chapter 109.
TEXAS DEPARTMENT OF HEALTH HOSPITALS
Subchapter B. TUBERCULOSIS
Chapter 123.
RESPIRATORY CARE PRACTITIONER CERTIFICATION
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.
chairman of the
board
] shall
select from its members the
[
appoint a
] presiding officer and an assistant presiding officer to begin serving
on November 1 of each odd-numbered year.
the next regular appointment of officers.
]
serve until a successor is appointed to
]
complete the unexpired portion of the term of the office of presiding officer.
temporarily
] by vote of the committee [
until a successor is appointed by the chairman of the board
].
Chapter 129.
OPTICIANS' REGISTRY
organization, administration and operation of the committee;
] fees;
application procedures and requirements; applicant eligibility and registration;
examination; renewal of registration certificates; requirements for continuing
education; name or address changes; procedures for violations, complaints,
investigation of complaints, and disciplinary actions; registration of applicants
with criminal backgrounds; and professional and ethical standards.
(9)
Committee--The eleven member
Opticians' Registry Advisory Committee.]
(10)
] Department--The Texas Department
of Health.
(11)
] Dispensing optician--A person
who provides or offers to provide spectacle or contact lens dispensing services
or products to the public.
(12)
] Dual application--An application
by one person as both a registered spectacle dispensing optician and a registered
contact lens dispenser.
(13)
] Examination--A qualifying
test administered to eligible applicants by the department or its designee.
(14)
] Registered contact lens
dispenser--A person properly registered under the Act as a contact lens dispenser.
(15)
] Registered spectacle dispensing
optician--A person properly registered under the Act as a spectacle dispensing
optician.
(16)
] Registration certificate--A
document issued by the department to a qualified person authorizing that person
to represent that he or she is registered under the Act.
(17)
] Spectacle dispensing--The
design, verification, fitting, adjustment, sale, and delivery to the consumer
of fabricated and finished spectacle lenses, frames, or other ophthalmic devices,
other than contact lenses, prescribed by and dispensed in accordance with
a prescription from a licensed physician or optometrist. The term includes:
(18)
] Spectacle prescription--A
written specification by a licensed physician or optometrist for therapeutic
or corrective lenses that states the refractive power of the product and other
information as required by the physician or optometrist.
Chapter 143.
MEDICAL RADIOLOGIC TECHNOLOGISTS
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
[
will
] be abolished
on that date.
chairman of the
board
] shall
select from its members the
[
appoint a
] presiding officer and an assistant presiding officer to begin serving
on November 1 of each odd-numbered year.
the next regular appointment of officers.
]
serve until a successor is appointed to
]
complete the unexpired portion of the term of the office of presiding officer.
temporarily
] by vote of the committee [
until a successor is appointed by the chairman of the board
].
(7)
The presiding officer and
assistant presiding officer serving on October 1, 1999, will continue to serve
until the chairman of the board appoints their successors.]
Chapter 146.
TRAINING AND REGULATION OF PROMOTORAS
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.
;
]
four
] years, and
the member
may be reappointed.
The board, the department,
and the committee shall not be bound in any way by any statement or action
on the part of any committee member except what a statement or action is in
pursuit of specific instructions from the board, department, or committee.
]
agency
]
staff time spent in support of the committee's activities
and the source
of funds used to support the committee's activities
.
Part 2.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION