Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 117.
FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS
22 TAC §117.1
The Texas State Board of Dental Examiners (Board) adopts
amendments to §117.1, concerning exemptions without changes to the proposed
text published in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10649). The text will not be republished.
The section provides that members of the faculty of a reputable dental or
dental hygiene college or school are no longer exempt from licensure and must
be licensed to practice dentistry in Texas or must obtain a license to practice
where such faculty members perform their services for the sole benefit of
such school or college.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Government Code §2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and Senate Bill 263, §26, 78th Legislature, 2003,
which requires the Board to establish rules for the licensure of faculty members
of dental or dental hygiene schools.
The adopted rule effects Title 3, Subtitle D, Chapter 267 of the Occupations
Code and Title 22, Texas Administrative Code, Section 117.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2004.
TRD-200400701
Bobby D. Schmidt, M.Ed.
Executive Director
Texas State Board of Dental Examiners
Effective date: February 24, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 475-0972
22 TAC §117.2
The Texas State Board of Dental Examiners (Board) adopts
a new rule §117.2, concerning dental faculty licensure without changes
to the proposed text published in the November 28, 2003, issue of the
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Government Code §2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and Senate Bill 263, §26, 78th Legislature, 2003,
which requires the Board to establish rules for the licensure of faculty members
of dental or dental hygiene schools.
The new rule effects Title 3, Subtitle D, Chapter 267 of the Occupations
Code and Title 22, Texas Administrative Code, Section 117.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2004.
TRD-200400702
Bobby D. Schmidt, M.Ed.
Executive Director
Texas State Board of Dental Examiners
Effective date: February 24, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 475-0972
22 TAC §117.3
The Texas State Board of Dental Examiners (Board) adopts
a new rule §117.3, concerning dental hygiene faculty licensure without
changes to the proposed text published in the November 28, 2003, issue of
the
Texas Register
(28 TexReg 10651). The
section provides that any person who serves as a faculty member of a dental
hygiene school must hold a dental or dental hygiene school faculty license.
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Government Code §2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and Senate Bill 263, §26, 78th Legislature, 2003,
which requires the Board to establish rules for the licensure of faculty members
of dental or dental hygiene schools.
The new rule effects Title 3, Subtitle D, Chapter 267 of the Occupations
Code and Title 22, Texas Administrative Code, Section 117.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2004.
TRD-200400704
Bobby D. Schmidt, M.Ed.
Executive Director
Texas State Board of Dental Examiners
Effective date: February 24, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 475-0972
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
22 TAC §203.6
The Texas Funeral Service Commission (commission) adopts
amendments to Title 22, Texas Administrative Code, Chapter 203, Section 203.6
(relating to Provisional Licensees). Notice of the proposed amendments was
published in the September 12, 2003 issue of the
Texas Register
(28 TexReg 7935). The amended section is adopted with
changes to the proposed text.
The amendments are adopted in order to comply with the requirements of
HB1538 as it relates to provisional licensees.
The commission received comments on the proposed amendments from the Texas
Funeral Directors Association (commenter).
Generally, the comments addressed matters which commenter believes to be
drafting oversights in sections 203.6(f) and (k).
Comment on 203.6(e): The commenter expressed the view that the new language
added to the end of 203.6(e), "Cases performed in mortuary college may count
toward the required cases if the college certifies to the commission that
the cases were performed," contradicts existing language in the final sentence
of 203.6(f) which reads, "...however, any cases performed in mortuary college
will not count toward the 60 cases required to complete the provisional embalmer
program." The Commission agrees. The referenced language at the end of 203.6(f)
will be deleted in the adopted version of the rule.
Comment on 203.6(o): The commenter expressed the view that the new language
of 203.6(o), "A student enrolled in an accredited mortuary college must have
the college forward a letter of enrollment to the commission prior to entering
the provisional program," contradicts the existing language of 203.6(k) which
reads, "No person shall be eligible to participate in the provisional funeral
director or provisional embalmer program unless the applicant has graduated
from an accredited school or college of mortuary science." The Commission
agrees. The referenced language at 203.6(k) will be deleted, and the subsections
renumbered accordingly in the adopted version of the rule.
The amendments to 203.6 are adopted under Texas Occupations Code,
Section 651.152. The commission interprets section 651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the new section.
§203.6.Provisional Licensees.
(a)
Participants in the provisional licensure program may serve
as provisional licensees only in funeral establishments or commercial embalming
establishments licensed by the commission, and all work must be performed
under the direct and personal supervision of a duly licensed funeral director
or embalmer, depending on the provisional license. The provisional funeral
director program may not be served in a commercial embalming establishment.
(b)
Provisional licensees must work in a funeral establishment
or commercial embalming establishment a minimum of 17 hours per week or 73
hours per month, or as otherwise permitted by the commission, under actual
working conditions directly related to funeral directing and/or embalming.
(c)
The provisional licensure period is a minimum of 12 and
a maximum of 24 consecutive months, unless extended pursuant to an exit interview,
and the provisional licensure programs for funeral director and embalmer may
be served simultaneously. If a provisional licensee does not complete a program
in the prescribed time, the provisional licensee will be cancelled and may
be reinstated only upon petition to the commission after retaking and passing
the applicable examinations.
(d)
Provisional licenses issued after the effective date of
this amendment expire on the last day of the month twelve months from their
issue date. No fees shall be refunded to provisional licenses who fail to
complete the program. Provisional licenses must be renewed for any period
following the first year if the program has not been completed, the exit interview
and all applicable examinations taken and passed, and fees paid in full for
a regular license. Fees are not refundable.
(e)
Of the 60 cases required for each provisional licensure
program, at least 10 must be complete cases and performed and reported during
the last three months of the program. A complete funeral directing case consists
of all major actions from the time of first call through interment or other
disposition of the body; a complete embalming requires the provisional embalmer
to handle all major actions included in §203.16 of this title (relating
to Minimum Standards for Embalming) performed on a particular body. Cases
performed in mortuary college may count toward the required cases if the college
certifies to the commission that the cases were performed.
(f)
A provisional embalmer shall assist in the embalming of
six autopsied remains during the course of the provisional embalmer program.
Autopsied cases completed while in an accredited mortuary college may count
toward the six required autopsy cases if the college certifies to the commission
that the cases were performed.
(g)
Provisional licensees must file with the commission a case
report for each month of the provisional license program by the 10th day of
the next month. Case report submission post marked after the 10th day of the
month will not be accepted. The licensee will not be given credit for those
case reports. In any month in which the provisional licensee does not perform
a case, the provisional licensee must file a "notwithstanding" report with
the commission, and that month will not count toward the 12 required months.
If a provisional licensee files "notwithstanding" reports for two consecutive
months, the commission may start the provisional licensee's program over.
(h)
It is the responsibility of the sponsor of the provisional,
the funeral director in charge of the establishment, and the provisional licensee
to schedule case work sufficient for reporting in the provisional program.
Penalties for failure to file case reports in a timely manner may lie against
the sponsor of the provisional, the funeral director in charge of the establishment,
and the provisional licensee. The commission may start a provisional licensure
program over if the provisional licensee fails on two occasions to timely
file a case report.
(i)
Each case report shall be certified by the licensee under
whom the provisional licensee performed the work. The supervising licensee
and the provisional licensee both are subject to disciplinary action in the
information submitted is not true and accurate.
(j)
Upon completion of a minimum of 12 months and 60 required
cases of the provisional license program, each provisional licensee must appear
before at least one member of the commission for an oral exit interview in
order to demonstrate proficiency related to the duties of a funeral director
and/or embalmer. Any person not recommended for licensure must undergo further
exit interviews and extensions until recommended for licensure.
(k)
Before a provisional licensee is issued an embalmer's license,
the provisional licensee must take and pass the National Board Examination
with at least a grade of 75% on both portions of the test. Before a provisional
licensee is issued a funeral director's license, the provisional licensee
must take and pass the State Board Examination with at least a grade of 75%.
Both tests are administered by the International Conference of Funeral Service
Examining Boards, Inc.
(l)
Before a provisional licensee is issued a regular license,
a provisional licensee must take and pass the Texas State Mortuary Law Exam
with at least a grade of 75%. The test is administered by the commission.
(m)
If a provisional licensee leaves the employment of a funeral
director or embalmer, the funeral director or embalmer must file an affidavit
as described in Texas Occupations Code, Section 651.304(d) within fifteen
(15) days of employment termination.
(n)
A student enrolled in an accredited mortuary college must
have the college forward a letter of enrollment to the commission prior to
entering the provisional program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 9, 2004.
TRD-200400816
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 29, 2004
Proposal publication date: September 12, 2003
For further information, please call: (512) 936-6552
22 TAC §203.30
The Texas Funeral Service Commission (commission) adopts
amendments to Title 22, Texas Administrative Code, Chapter 203, §203.30
(relating to Continuing Education). Notice of the proposed amendment was published
in the September 12, 2003 issue of the
Texas Register
(28 TexReg 7936). The amended section is adopted without changes to
the proposed text and will not be republished.
The amendments to §203.30 are adopted because of the necessity to
clarify that newly licensed individuals by examination whose renewal dates
are more than 12 months from original licensure will be required to obtain
the 3 mandatory continuing education courses.
The commission received no comments on the proposed amendments to §203.30.
The amendments are adopted under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the amended sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 9, 2004.
TRD-200400813
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 29, 2004
Proposal publication date: September 12, 2003
For further information, please call: (512) 936-6552
22 TAC §203.34
The Texas Funeral Service Commission (commission) adopts
a new rule at Title 22, Texas Administrative Code, Chapter 203, Section 203.34
(relating to reinstatement of License).
Notice of the proposed new rule was published in the September 12, 2003
issue of
Texas Register
(28 TexReg 7938).
The new section is adopted without change to the proposed text.
The new rule is adopted in order to set forth the reinstatement requirements
for those individuals whose license has been expired for more than one (1)
year. Requirements include: examination; payment of applicable fees; including
all back renewal fees and penalty fees as determined by the commission; and
mandatory continuing education on ethics, law updates, and vital statistics.
The commission received no comments on the proposed new section.
The new section 203.34 is adopted under Texas Occupations Code,
Section 651.152. The commission interprets section 651.152 as authorizing
it to adopt rules as necessary to administer chapter 651.
No other statutes, articles, or codes are affected by the new section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 9, 2004.
TRD-200400814
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: February 29, 2004
Proposal publication date: September 12, 2003
For further information, please call: (512) 936-6552
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 205.
REGISTRATION AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES