Agency Rule Review Plan
State Board of Dental Examiners
Title 22, Part 5
TRD-200402331
Filed: April 5, 2004
State Board of Dental Examiners
Title 22, Part 5
The Texas State Board of Dental Examiners (Board) files this notice of
intention to review 22 TAC, Chapter 101, Dental Licensure, §§101.1,
101.2, 101.3, 101.7, 101.8, and 101.9. This review is pursuant to §2001.039
of the Texas Government Code, pertaining to agency review of existing rules.
Comments relating to whether these rules should be repealed, readopted,
or readopted with changes must be received by 5:00 p.m. on May 17, 2004, and
may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State
Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas
78701, (512) 475-1660.
To ensure consideration, comments must clearly specify the particular section
of the rule to which they apply. General comments should be labeled as such.
Comments should include proposed alternative language as appropriate.
Chapter 101. Dental Licensure.
§101.1. Licensure by Examination.
§101.2. Staggered Dental Registrations.
§101.3. Temporary Licensure by Credentials, Dentists.
§101.7. Licensure by Credentials, Dentists.
§101.8. Persons With Criminal Backgrounds.
§101.9. Dental Profiles.
TRD-200402343
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Filed: April 6, 2004
The Texas State Board of Dental Examiners (Board) files this notice of
intention to review 22 TAC, Chapter 103, Dental Hygiene Licensure, §§103.1,
103.2, 103.4, and 103.5. This review is pursuant to §2001.039 of the
Texas Government Code, pertaining to agency review of existing rules.
Comments relating to whether these rules should be repealed, readopted,
or readopted with changes must be received by 5:00 p.m. on May 17, 2004, and
may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State
Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas
78701, (512) 475-1660.
To ensure consideration, comments must clearly specify the particular section
of the rule to which they apply. General comments should be labeled as such.
Comments should include proposed alternative language as appropriate.
Chapter 103. Dental Hygiene Licensure.
§103.1. General Qualifications.
§103.2. Licensure by Credentials, Dental Hygienists.
§103.4. Staggered Dental Hygiene Registrations.
§103.5. Temporary Licensure by Credentials, Dental Hygienists.
TRD-200402345
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Filed: April 6, 2004
The Texas State Board of Dental Examiners (Board) files this notice of
intention to review 22 TAC, Chapter 104, Continuing Education, §§104.1,
104.2, 104.3, 104.4, 104.5, and 104.6. This review is pursuant to §2001.039
of the Texas Government Code, pertaining to agency review of existing rules.
Comments relating to whether these rules should be repealed, readopted,
or readopted with changes must be received by 5:00 p.m. on May 17, 2004, and
may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State
Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas
78701, (512) 475-1660.
To ensure consideration, comments must clearly specify the particular section
of the rule to which they apply. General comments should be labeled as such.
Comments should include proposed alternative language as appropriate.
Chapter 104. Continuing Education.
§104.1. Requirement.
§104.2. Providers.
§104.3. Retired Status.
§104.4. Penalties.
§104.5. Auditable Documentation.
§104.6. Audits.
TRD-200402347
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Filed: April 6, 2004
The Texas State Board of Dental Examiners (Board) files this notice of
intention to review 22 TAC, Chapter 105, Alternative Dental Hygiene Training
Program, §§105.1, 105.2, 105.3, and 105.4. This review is pursuant
to §2001.039 of the Texas Government Code, pertaining to agency review
of existing rules.
Comments relating to whether these rules should be repealed, readopted,
or readopted with changes must be received by 5:00 p.m. on May 17, 2004, and
may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State
Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas
78701, (512) 475-1660.
To ensure consideration, comments must clearly specify the particular section
of the rule to which they apply. General comments should be labeled as such.
Comments should include proposed alternative language as appropriate.
Chapter 105. Alternative Dental Hygiene Training Program.
§105.1. Definitions.
§105.2. Licensure Qualifications.
§105.3. Requirements for Alternative Dental Hygiene Training Programs.
§105.4. Program Instructors.
TRD-200402348
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Filed: April 6, 2004
The Texas State Board of Dental Examiners (Board) files this notice of
intention to review 22 TAC, Chapter 107, Dental Board Procedures, §§107.1,
107.11-107.18, 107.20, 107.21, 107.29, 107.31, 107.48-107.60, 107.62-107.68,
107.100-107.103, 107.202, and 107.300. This review is pursuant to §2001.039
of the Texas Government Code, pertaining to agency review of existing rules.
Comments relating to whether these rules should be repealed, readopted,
or readopted with changes must be received by 5:00 p.m. on May 17, 2004, and
may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State
Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas
78701, (512) 475-1660.
To ensure consideration, comments must clearly specify the particular section
of the rule to which they apply. General comments should be labeled as such.
Comments should include proposed alternative language as appropriate.
Chapter 107, Dental Board Procedures.
Subchapter A. Procedures Governing Grievances, Hearings and Appeals.
§107.1. Application.
§107.11. Definitions.
§107.12. Object of Rules.
§107.13. Scope of Rules.
§107.14. Filing of Documents.
§107.15. Computation of Time.
§107.16. Agreement to be in Writing.
§107.17. Service in Non-rulemaking Proceedings.
§107.18. Conduct and Decorum.
§107.20. Persons Interested in Proceedings.
§107.21. Appearances Personally or by Representative.
§107.29. Licenses.
§107.31. Personal Service.
§107.48. Subpoenas.
§107.49. Proposals for Decision.
§107.50. Filing of Exceptions, Briefs, and Replies.
§107.51. Findings of Fact and Conclusions of Law.
§107.52. Oral Argument.
§107.53. Final Decisions and Orders.
§107.54. Administrative Finality.
§107.55. Motions for Rehearing.
§107.56. Motions for Rehearing: Procedures.
§107.57. The Record.
§107.58. Cost of Appeal.
§107.59. Ex Parte Consultations.
§107.60. Adopting, Repealing, or Amending Rules.
§107.62. Appendix.
§107.63. Informal Disposition.
§107.64. Required Reporting.
§107.65. Time Limits.
§107.66. Modification to Order.
§107.67. Review of Modification.
§107.68. Appearances.
Subchapter B. Procedures for Investigating Complaints.
§107.100. Receipt, Processing and Coordination of Complaints.
§107.101. Guidelines for the Conduct of Investigations.
§107.102. Procedures in Conduct of Investigations.
§107.103. Compliance.
Subchapter C. Administrative Penalties.
§107.202. Disciplinary Guidelines and Administrative Penalty Schedule.
§107.300. Registration of Non-Profit Corporations Authorized to Hire
Dentists.
TRD-200402350
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Filed: April 6, 2004
The Texas State Board of Dental Examiners (Board) files this notice of
intention to review 22 TAC, Chapter 114, Extension of Duties of Auxiliary
Personnel, Dental Assistants, §§114.1, 114.2, and 114.3. This review
is pursuant to §2001.039 of the Texas Government Code, pertaining to
agency review of existing rules.
Comments relating to whether these rules should be repealed, readopted,
or readopted with changes must be received by 5:00 p.m. on May 17, 2004, and
may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State
Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas
78701, (512) 475-1660.
To ensure consideration, comments must clearly specify the particular section
of the rule to which they apply. General comments should be labeled as such.
Comments should include proposed alternative language as appropriate.
Chapter 114. Extension of Duties of Auxiliary Personnel, Dental Assistants.
§114.1. Permitted Duties.
§114.2. Definitions.
§114.3. Application of Pit and Fissure Sealants.
TRD-200402351
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Filed: April 6, 2004
Texas Optometry Board
Title 22, Part 14
The Texas Optometry Board readopts Chapters 277, 279 and 280, Title 22,
of the Texas Administrative Code after reviewing the following rules and finding
that the reasons for initially adopting the rules in these chapters continue
to exist:
Chapter 277. Practice and Procedure
277.1. Complaint Procedures
277.2. Disciplinary Proceedings
277.3. Probation
277.4. Reinstatement
277.5. Felony Convictions
277.6. Administrative Fines and Penalties
277.7. Patient Records
Chapter 279. Interpretations
279.1. Contact Lens Examination
279.2. Contact Lens Prescriptions
279.3. Spectacle Examination
279.4. Spectacle and Ophthalmic Devices Prescriptions
279.5. Dispensing Ophthalmic Materials
279.9. Advertising
279.11. Relationship with Dispensing Optician -- Books and Records
279.12. Relationship with Dispensing Optician -- Separation of Offices
279.13. Board Interpretation Number Thirteen (Practice at Industrial Site,
School or Nursing Home)
279.14. Patient Files
279.15. Board Interpretation Number Fifteen (Practice with Contagious Disease)
Chapter 280. Therapeutic Optometry
280.1. Application for Certification
280.2. Required Education
280.3. Certified Therapeutic Optometrist Examination
280.5. Prescription and Diagnostic Drugs for Therapeutic Optometry
280.7. Optometric Health Care Advisory Committee
280.8 Optometric Glaucoma Specialist: Required Education, Examination and
Clinical Skills Evaluation
280.9 Application for Licensure as Optometric Glaucoma Specialist
280.10. Optometric Glaucoma Specialist: Administration and Prescribing
of Oral Medications and Anti-Glaucoma Drugs
280.11 Treatment of Glaucoma by an Optometric Glaucoma Specialist
The notice of rule review was published in the December 26, 2003, issue
of the
Texas Register
(28 TexReg 11629).
No comments were received.
The rule review was conducted pursuant to Texas Gov't Code §2001.039.
Apart from the review process, the agency adopted amendments to Section
277.5 to clarify classes of convictions that are connected to the practice
of optometry. These adopted amendments were published in the March 12, 2004,
issue of the
Texas Register
.
TRD-200402255
Chris Kloeris
Executive Director
Texas Optometry Board
Filed: April 2, 2004
Title 37, Part 5
In accordance with the Texas Government Code, §2001.039, and the rule
review plans filed October 7, 2003 and November 10, 2003, and published in
the October 17, 2003, and November 21, 2003, issues of the
Texas Register
(28 TexReg 9091 and 28 TexReg 10516), the Texas Board
of Pardons and Paroles readopts Chapters 141, General Provisions, 145, Parole,
146, Revocation of Parole or Mandatory Supervision, 147, Hearings, and 150,
Memorandum of Understanding and Board Policy Statements. The Board considered,
among other things, whether the reasons for adoption of these rules continue
to exist.
After its review, the Board finds that the reasons for adopting these rules
continue to exist and readopts these Chapters. As a result of the review,
the Board adopted amendments to 37 TAC §§141.1, 141.3, 141.57, 141.81,
141.91, 141.101, 145.1, 145.3, 145.9, 145.12, 145.13, 145.14, 145.15, 145.16,
145.17, 145.21, 146.6, 146.8, 147.1, 147.2, 147.3, 147.5, and 150.56. As a
result of the review, the Board adopted repeals of 37 TAC §§141.2,
141.94 and 141.102. Notice of adoption of amendments and repeals was published
in the February 6, 2004, issue of the
Texas Register
(29 TexReg 1206), pursuant to the requirements of the Texas Government
Code.
No comments were received regarding the readoption of Chapters 141, 145,
146, 147 and 150.
This concludes the review of Chapters 141, General Provisions, 145, Parole,
146, Revocation of Parole or Mandatory Supervision, 147, Hearings, and 150,
Memorandum of Understanding and Board Policy Statements.
TRD-200402254
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Filed: April 2, 2004
Title 7, Part 7
Pursuant to the notice of proposed rule review published in the
Texas Register
(28 TexReg 11363), December 19, 2003, the Texas State
Securities Board (Board) has reviewed and considered for readoption, revision,
or repeal, all sections of the following chapters of Title 7, Part 7 of the
Texas Administrative Code, in accordance with Texas Government Code, Section
2001.039: Chapter 109, Transactions Exempt from Registration; Chapter 111,
Securities Exempt from Registration; and Chapter 139, Exemptions by Rule or
Order.
The Board considered, among other things, whether the reasons for adoption
of these rules continue to exist. After its review, the Board finds that the
reasons for adopting these rules continue to exist and readopts these Chapters,
without changes, pursuant to the requirements of the Texas Government Code.
As part of the review process, the Board is proposing the repeal of §139.16.
A notice of the proposed repeal will be published in the "Proposed Rules"
section of the
Texas Register
, in accordance
with the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
One comment was received regarding adoption of the chapters. That comment,
from James Peacock, supported readoption of the chapters. The Board agrees.
This concludes the review of 7 TAC Chapters 109, 111, and 139.
TRD-200402367
Denise Voigt Crawford
Securities Commissioner
Texas State Securities Board
Filed: April 7, 2004
Proposed Rule Reviews
Adopted Rule Reviews
Texas Board of Pardons and Paroles
Texas State Securities Board