Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 107.
DENTAL BOARD PROCEDURES
Subchapter B. PROCEDURES FOR INVESTIGATING COMPLAINTS
22 TAC §107.103
(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repeal will not be published.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 State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Dental Examiners (Board)
proposes the repeal of 22 TAC Chapter 107, §107.103, concerning compliance
with board orders. The repeal is proposed to allow for a new §107.103,
regarding dismissal. The Board is concurrently proposing a new §107.110
to contain the language currently residing in §107.103. This restructuring
will provide for better structure and flow in the chapter.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period following
the repeal, there will be no fiscal implications for local or state government
as a result.
There is no public benefit anticipated as a result of the repeal.
There will be no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of the repeal.
Comments on the proposal 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 be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this section is published in the
Texas Register
.
The repeal is proposed 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.
The proposed repeal affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 101 - 125.
§107.103.Compliance.
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 February 4, 2005.
TRD-200500509
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 475-0972
22 TAC §107.103
The Texas State Board of Dental Examiners (Board) proposes
new 22 TAC Chapter 107, §107.103, concerning dismissal of complaints.
The new section is proposed to relocate language regarding dismissal that
is currently contained in §107.102, as well as to enact certain requirements
imposed by Senate Bill 263, §12, 78th Legislature, that amended Texas
Occupations Code §255.006.
Occupations Code §255.006(d)(7) requires that the Board establish
procedures for the expunction of dismissed complaints. Section 107.103(d)
as proposed describes such a procedure.
The Board is concurrently proposing amendments to §107.102, the repeal
of the current §107.103, and a new §107.110 to contain the language
currently residing in §107.103.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the section.
There is no public benefit anticipated as a result of enforcing or administering
the section.
There will be no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal 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 be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this section is published in the
Texas Register
.
The new section is proposed 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.
The proposed new section affects Title 3, Subtitle D of the Occupations
Code and Title 22, Texas Administrative Code, Chapter 101 - 125.
§107.103.Dismissal of Cases.
(a)
Dismissal.
(1)
The director of enforcement may recommend dismissal of
a complaint if an investigation fails to reveal a violation.
(2)
If the director of enforcement recommends dismissal of
a complaint, he or she shall state, with specificity, the reason or reasons
for the recommended dismissal.
(3)
A complaint recommended for dismissal by the director of
enforcement shall be reviewed by a member of the enforcement committee. For
complaints involving patient morbidity, professional conduct, or minimum standard
of care, the reviewer must be a dentist member of the committee.
(4)
If the committee member does not recommend dismissal, the
complaint shall be forwarded to an informal settlement conference. If the
committee member agrees that the complaint should be dismissed, then the dismissal
shall be final.
(5)
All jurisdictional complaints shall be investigated. No
complaint shall be dismissed without appropriate consideration.
(6)
If a complaint is dismissed, the SBDE shall notify the
complainant within ten days of the date of the dismissal. The notice of dismissal
must be in writing, include the reason(s) for the dismissal and inform the
complainant of the right to appeal the dismissal. An appeal under this section
shall be considered a request for reconsideration of the dismissed complaint.
(7)
All complaints dismissed under this section must be reported
to the full board in a public meeting of the board.
(b)
Appeal.
(1)
The SBDE may hear an appeal in a dismissed complaint only
if new information or evidence is presented, the acceptance of such, if taken
as true, supports the original complaint.
(2)
The complainant must request reconsideration of a dismissed
complaint in writing, postmarked no later than twenty days from the date of
receipt of the SBDE's dismissal letter. The complainant is presumed and deemed
to be in receipt of the dismissal letter on the third day after the date on
which the dismissal letter is mailed.
(3)
A request for reconsideration of a dismissed complaint
shall not be considered by the SBDE unless it is timely submitted.
(4)
A request for reconsideration must contain the requirements
specified in this subsection.
(5)
Requests meeting the requirements of this subsection shall
be heard by the professional evaluation committee no later than sixty days
after the date the SBDE receives the request from the complainant requesting
reconsideration. This time frame may be extended upon good cause shown by
the SBDE. If the professional evaluation committee meets to reconsider the
complaint after this sixty-day period, the SBDE shall notify the complainant
in writing.
(6)
This subsection does not apply to complaints dismissed
by the full board pursuant to a recommendation from an informal settlement
conference panel.
(7)
All complaints dismissed by the full board may be appealed
in accordance with the Government Code.
(c)
Professional evaluation committee.
(1)
The professional evaluation committee shall consist of
three board members appointed by the presiding officer of the board, one of
whom must be a public member.
(2)
Complaints referred to the professional evaluation committee
by the board secretary or the board secretary's designee may be dismissed,
referred to an informal settlement conference or returned to the director
of enforcement for further investigation. The professional evaluation committee
may also propose an agreed board order imposing sanctions. All board orders
proposed by the professional evaluation committee shall include a statement
that the respondent should not agree to the order if he or she wants to explain
any part of his or her conduct in connection with the complaint.
(A)
Meetings of the professional evaluation committee are open
meetings as defined by the Open Meetings Act;
(B)
Only professional evaluation committee members and SBDE
staff may participate in discussions concerning any complaint. The members
may review and consider all information in the investigative file.
(C)
All determinations reached by the professional evaluation
committee involving reconsideration of an earlier dismissal by the SBDE are
final.
(d)
Expunging dismissed complaints.
(1)
The director of enforcement may, at his or her discretion,
recommend that a complaint be expunged from SBDE records on written request
from the respondent if:
(A)
The complaint has been dismissed under this section;
(B)
There has been no successful appeal;
(C)
There is no pending appeal;
(D)
At least 30 days has passed since the dismissal notice
letter was sent to the complainant; and,
(E)
The executive director has determined that the complaint
was clearly groundless and completely without merit.
(2)
A recommendation that a complaint be expunged shall be
reviewed by a member of the enforcement committee. For complaints involving
patient morbidity, professional conduct, or minimum standard of care, the
reviewer must be a dentist member of the committee. The determination of this
reviewer shall be final.
(3)
The expunging of any complaint under this subsection must
be reported to the full board at a public meeting of the board.
(4)
This subsection does not apply to complaints dismissed
by the full board pursuant to a recommendation from an informal settlement
conference panel.
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 February 4, 2005.
TRD-200500508
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 475-0972
22 TAC §107.110
The Texas State Board of Dental Examiners (Board) proposes
new 22 TAC Chapter 107, §107.110, concerning compliance with board orders.
The new section relocates the language currently residing in §107.103,
the repeal of which the Board is concurrently proposing. This restructuring
will provide for better structure and flow in the chapter.
The proposed language differs from the current language in that it removes
language that has proven extraneous and over-specific in its description of
the computer database system to be employed for compliance purposes. The proposed
language also eliminates the need for the director of enforcement to coordinate
with the executive director and board secretary before initiating a complaint
against a licensee for non-compliance with a board order.
All other changes to the relocated language are solely for clarity and
grammatical purposes.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the section.
There is no public benefit anticipated as a result of enforcing or administering
the section.
There will be no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal 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 be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this section is published in the
Texas Register
.
The new section is proposed 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.
The proposed new section affects Title 3, Subtitle D of the Occupations
Code and Title 22, Texas Administrative Code, Chapter 101 - 125.
§107.110.Compliance.
(a)
The director of enforcement shall ensure that a compliance
monitoring program is established and maintained for those licensees who have
received a board order. The monitoring program shall be maintained by an SBDE
employee assigned to act as the compliance officer.
(b)
Upon determination that a licensee has not complied with
the requirements specified in his or her board order, the compliance officer
shall report the details of the non-compliance to the director of enforcement.
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 February 4, 2005.
TRD-200500510
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 475-0972
22 TAC §116.10
The Texas State Board of Dental Examiners (Board) proposes
new §116.10, concerning prosthetic identification. The new section reinstates
the language of previous §116.11, which was repealed effective May 10,
2004. The language was to be simultaneously moved to a new §116.10, but
due to an oversight, the new section was not proposed.
The language proposed contains no substantive changes from the language
of the previous §116.11, except that the requirement of a full name in
a suitable prosthetic marking has been changed to last name and first initial.
The language also contains revisions to clarify and standardize language,
and to improve organization.
Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the section.
The public benefit anticipated as a result of enforcing or administering
the section will be to help ensure that dental prosthetic appliances are delivered
to the correct patients.
There is no impact on large, small or micro-businesses.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal 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 be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this proposal is published in the
Texas Register
.
The section is proposed 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.
The proposed section affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§116.10.Prosthetic Identification.
(a)
It shall be the duty of the licensed dentist to insure
that all removable prosthetic devices or removable orthodontic appliances
delivered to a patient under his or her care bear a permanent identification
marking suitable to determine that the prosthetic device or removable orthodontic
appliance belongs to that patient.
(b)
A suitable marking shall be defined as one that includes
the patient's last name and first initial, and/or social security number.
This marking shall be placed in the denture base of the removable prosthetic
device or acrylic portion of the removable orthodontic appliance in such a
manner as not to compromise the aesthetics of the restoration.
(c)
The licensed dentist shall install this identification
marking or shall request on the prescription to a registered dental laboratory
that the laboratory place the identification marking in the removable prosthetic
device or removable orthodontic appliance.
(d)
Nothing in this rule shall preclude a dental laboratory
from charging a fee for this service.
(e)
This rule shall not apply to any removable prosthetic device
or removable orthodontic appliance that contains no acrylic, vinyl or plastic
denture base, or if said appliance is too small to reasonably accomplish this
procedure.
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 February 4, 2005.
TRD-200500503
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 475-0972
Chapter 133.
LICENSING
Subchapter D. EDUCATION
22 TAC §133.31
The Texas Board of Professional Engineers proposes amendments
to §133.31, relating to Educational Requirements for Applicants. The
proposed amendments add language to allow accredited Computer Science programs
to be accepted as equivalent to accredited engineering programs, and to consider
the academic qualifications of licensed Canadian engineers to be equivalent
to an accredited engineering program.
The Board is proposing to consider Computer Science programs accredited
by CAC/ABET to be eligible for licensure under §1001.302(a)(1)(A). As
a result of the NAFTA agreement, the Board is also proposing to consider all
applicants who are currently licensed in Canada to have academic qualifications
that are substantially equivalent to an accredited engineering program.
Lance Kinney, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for state or local government as a result of enforcing
or administering the section as amended. Mr. Kinney has determined that there
is no additional cost to the agency or to licensees. There is no effect to
individuals required to comply with the rule as proposed. There is no effect
to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment will be clarification of the license and registration
process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Director of Licensing, Texas Board of Professional
Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention
at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§133.31.Educational Requirement for Applicants.
(a)
Applicants for a license shall have graduated from at least
one of the following degree programs or degree program combinations listed
in this section:
(1)
Approved engineering curriculums under §1001.302(a)(1)(A)
of the Act. The following degrees are acceptable to the board for meeting
the educational requirements of §1001.302(a)(1)(A) of the Act:
(A)
a degree from an engineering program accredited or otherwise
approved by the:
(i)
Engineering Accreditation Commission of the Accreditation
Board for Engineering and Technology, United States (EAC/ABET) as published
in the 2002 ABET Accreditation Yearbook and the 2002 ABET International Yearbook
or as published in the yearbook applicable to a previous year in which the
applicant graduated; or
(ii)
Consejo de Acreditacion de la Ensenanza de la Ingenieria,
Mexico (Council of Accreditation for Engineering Education, C.A.).
(B)
a degree from a computer science
program provided that:
(i)
the program has been accredited or otherwise
approved by the Computing Accreditation Commission of the Accreditation Board
for Engineering and Technology, United States (CAC/ABET) as published in the
2002 ABET Accreditation Yearbook and the 2002 ABET International Yearbook
or as published in the yearbook applicable to a previous year in which the
applicant graduated; and
(ii)
the applicant has completed at least six (6)
hours of physics or chemistry classroom and laboratory coursework that would
be acceptable for an accredited engineering program.
(C)
[
(i)
the graduate degree is obtained from a college having an
engineering program approved by one of the organizations listed in subparagraph
(A)
or (B)
of this paragraph where either the graduate or undergraduate
degree in the same discipline is accredited; and
(ii)
the combination of the degrees is acceptable to the Board
as equivalent in EAC/ABET
or CAC/ABET
approved curricula content,
and the combination of degrees contain sufficient design curricula to provide
minimal competency in the use of engineering algorithms and procedures.
(D)
[
(2)
Other programs under §1001.302(a)(1)(B) of the Act.
The following degrees are acceptable to the board for meeting the educational
requirements of §1001.302(a)(1)(B) of the Act:
(A)
a bachelor degree from an engineering technology program
that is accredited by the Technology Accreditation Commission of the Accreditation
Board for Engineering and Technology (TAC/ABET) as published in the 2002 ABET
Accreditation Yearbook or as published in the yearbook applicable to a previous
year in which the applicant graduated;
(B)
A bachelors or graduate degree in engineering, mathematical,
physical, or related science that has not been accredited or approved by any
of the organizations identified in paragraphs (1)(A) or (2)(A) of this subsection
but has been obtained from a recognized institution of higher education as
defined in Chapter 131 of this title. Such degree programs must include, as
a minimum, the courses listed in clauses (i) and (ii) of this subparagraph
or these courses must be taken in addition to the bachelor or graduate degree
program:
(i)
eight semester hours (12 quarter hours) of mathematics
beyond trigonometry, including differential and integral calculus; and
(ii)
20 semester hours (30 quarter hours) of related engineering
sciences including subjects such as mechanics, thermodynamics, electrical
and electronic circuits, and others selected from material sciences, transport
phenomena, computer science and comparable subjects depending on the discipline
or branch of engineering. Course work should incorporate hands-on laboratory
work as described in the EAC/ABET criteria, and shall contain a sufficient
design program to provide minimal competency in the use of engineering algorithms
and procedures.
(3)
Other degree programs submitted to the board by the conferring
institutions and determined by the board as meeting or exceeding the criteria
of either of the accrediting organizations referred to in this section.
(A)
The programs at the University of Texas at Tyler have been
reviewed by the board and determined to be eligible for licensure under §1001.302(a)(1)(A)
of the Act, effective for those who graduated in 1999.
(B)
The following programs have been reviewed by the board
and determined to be eligible for licensure under §1001.302(a)(1)(B)
of the Act and eligible for taking the examination on the fundamentals of
engineering, effective the date listed:
(i)
Tarleton State University, Accepted Programs: Hydrology(1992)
and Engineering Physics(2001),
(ii)
West Texas State A&M, Accepted Program: Mechanical
Engineering (2003)
(b)
Degree programs that have not been accredited or approved
by any of the organizations identified in subsection (a)(1)(A) or (2)(A) of
this section are not acceptable for fulfilling the educational requirements
of the Act if they do not meet the definition of a recognized institution
of higher learning as defined in Chapter 131 of this title and:
(1)
give credit for life experience; or
(2)
consist primarily of engineering, mathematical, physical,
or engineering sciences courses that are correspondence courses that are self-taught
outside a formal classroom setting.
(c)
Applicants who have graduated from a degree program that
is accredited by the jurisdictional authority in the Canadian or European
community that have been evaluated pursuant to §133.33 of this chapter
(relating to Proof of Educational Qualifications/Non-Accredited/Non-Approved
Programs) and contain sufficient course hours to meet the requirements of §133.31(a)(2)(B)
of this chapter but not found to have sufficient course hours to be deemed
equivalent or comparable to a Bachelor of Science degree as would be issued
by a recognize institution of higher education in the United States may apply
for licensure solely through the examination process.
(d)
An applicant holding a verified
Canadian P.Eng. or ing. License shall be considered to have academic qualifications
substantially equivalent to an accredited engineering program.
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 February 7, 2005.
TRD-200500559
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 440-7723
22 TAC §133.53
The Texas Board of Professional Engineers proposes an amendment
to §133.53, relating to Reference Statements. The proposed amendment
adds language to allow the Board to consider evidence of retaliation by an
applicant against a reference provider during the application process.
The proposed rule change permits evidence of retaliation by an applicant
against a reference provider to be considered by the Board during the application
review process.
Lance Kinney, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment will be clarification of the license and registration
process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Director of Licensing, Texas Board of Professional
Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention
at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§133.53.Reference Statements.
(a) - (e)
(No change.)
(f)
Evidence of retaliation by
an applicant against a person who provides reference material for an application
may be considered in the application process as described in §133.81(d)
of this chapter (relating to Receipt and Process).
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 February 7, 2005.
TRD-200500560
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 440-7723
22 TAC §133.65
The Texas Board of Professional Engineers proposes amendments
to §133.65, relating to the Examination on the Fundamentals of Engineering.
The proposed amendments add language to allow examinees with a CAC/ABET accredited
degree or enrolled in a CAC/ABET program to take the Fundamentals of Engineering
examination and to require that examinees be enrolled in a degree program
in Texas or be current residents of Texas.
The proposed rule change permits examinees who are currently enrolled in
a CAC/ABET accredited program or who have graduated from a CAC/ABET accredited
program to sit for the Fundamentals of Engineering exam. The proposed rule
also requires examinees to either be currently enrolled in a degree program
in Texas or to be residents of Texas.
Lance Kinney, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment will be clarification of the license and registration
process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Director of Licensing, Texas Board of Professional
Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention
at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§133.65.Examination on the Fundamentals of Engineering.
(a)
An undergraduate student who is within two full-time regular
semesters (not including summer sessions) of graduating
may take the
examination on the fundamentals of engineering at a location prescribed by
the board provided that the student is in enrolled in a degree program in
Texas and the program is:
(1)
[
(2)
a four year baccalaureate
computer science program accredited or approved by the CAC/ABET;
(3)
a four year baccalaureate technical program
accredited or approved by the TAC/ABET
;
[
(4)
an engineering-related science program of four
years or more that has been approved by the board
.
[
(b)
A graduate student may take the examination on the fundamentals
of engineering at
a location
[
(1)
a baccalaureate degree that is EAC/ABET
or CAC/ABET
-accredited;
(2)
an engineering or engineering-related science program degree
that has been approved by the board; or
(3)
a non-engineering related curriculum or other degree in
which the student has provided evidence acceptable to the executive director
as meeting the minimum requirements of §1001.302(a)(1)(A) or (B) of the
Act.
[
(c)
[
(d)
[
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 February 7, 2005.
TRD-200500561
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 440-7723
22 TAC §133.81
The Texas Board of Professional Engineers proposes amendments
to §133.81, relating to the Receipt and Process of applications. The
proposed amendments add language to allow applicants to voluntarily withdraw
applications for licensure and to prevent applicants from filing having more
than one pending application on file.
The proposed rule change permits applicants who are not currently approved
for the examination process and who are not currently in the board review
process to voluntarily withdraw their application. The proposed rule change
also allows applicants to have only one pending application at a time.
Lance Kinney, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment will be clarification of the license and registration
process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Director of Licensing, Texas Board of Professional
Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention
at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§133.81.Receipt and Process.
(a) - (d)
(No change.)
(e)
An applicant may request an
application to be withdrawn from consideration provided that the application
has not been approved for licensure subject to passage of an examination and
the application has not begun circulation under the Board Review Process under §133.85
of this chapter (relating to Board Review of and Action on Applications).
All requests for withdrawal must be submitted to the Board in writing.
(f)
An applicant may only have
one pending application on file with the Board at any time.
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 February 7, 2005.
TRD-200500562
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 440-7723
Subchapter A. INDIVIDUAL AND ENGINEER COMPLIANCE
22 TAC §137.13
The Texas Board of Professional Engineers proposes an amendment
to §137.13, relating to Inactive Status. The proposed amendment adds
language to clarify which activities a professional engineer on Inactive Status
may perform.
The proposed rule change clarifies that a professional engineer on Inactive
Status may not offer or perform engineering services to the public.
Lance Kinney, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed amendment is in effect there
are no fiscal implications for the state or local government as a result of
enforcing or administering the section as amended. Mr. Kinney has determined
that there is no additional cost to the agency or to licensees. There is no
effect to individuals required to comply with the rule as proposed. There
is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed
amendment is in effect, the public benefit anticipated as a result of enforcing
the proposed amendment will be clarification of the license and registration
process.
Comments may be submitted no later than 30 days after the publication of
this notice to Lance Kinney, P.E., Director of Licensing, Texas Board of Professional
Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention
at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
No other statutes, articles or codes are affected by the proposed amendment.
§137.13.Inactive Status.
(a) - (g)
(No change.)
(h)
Offering or performing engineering services
to the
public
while the license is inactive is a violation of the inactive
status and is subject to disciplinary action by the board.
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 February 7, 2005.
TRD-200500563
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 440-7723
Chapter 661.
GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter E. CONTESTED CASES
22 TAC §661.100
The Texas Board of Professional Land Surveying (TBPLS) proposes
a new rule §661.100, concerning Probation Guidelines. This section establishes
the requirements and procedures for placing an affected registrant or licensee
on probationary status.
The new rule outlines the guidelines to be followed in response to a complaint
or violation of the Act and Board Rules in addition to or in lieu of an action
to revoke, suspend, reprimand, refuse to renew or assess a penalty.
Sandy Smith, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact to state
or local government as a result of enforcing or administering this new rule.
Ms. Smith has also determined that for each year of the first five years
the rule is in effect the public will benefit from the rule because it will
clarify the methodology used when probating a disciplinary action.
There will be no effect on small or micro businesses that are in compliance
with the Board's Act and Rules.
Comments on the new rule may be submitted in writing to Sandy Smith, Executive
Director, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite
400, Austin, TX 78752. Comments may also be faxed to Ms. Smith at the Board
at (512) 452-7711 or may be sent electronically to sandy.smith@mail.capnet.state.tx.us.
All requests for a public hearing on the proposed section submitted under
the Administrative Procedure Act must be received by the Executive Director
not more than 15 calendar days after notice of a proposed change in the section
has been published in the
Texas Register
.
The new rule is proposed pursuant to §1071.151, Title 6,
Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce
reasonable and necessary rules to perform its duties.
The new rule implements the Texas Administrative Code, Title 22, Part 29,
General Rules of Procedures and Practices.
§661.100.Probation Guidelines.
(a)
In addition to or in lieu of an action to revoke, suspend,
reprimand, refuse to renew or assess a penalty the Board may initiate an action
which will result in the affected registrant or licensee being placed on probationary
status. The following factors may be considered in making a decision regarding
probation:
(1)
type and severity of violation;
(2)
economic harm;
(3)
history of violations;
(4)
efforts to correct the violation;
(5)
action premeditated or intentional;
(6)
motive;
(7)
attempted concealment of violation;
(8)
the likelihood of future misconduct as shown by:
(A)
degree of remorse;
(B)
remedial procedures to prevent future violations; and
(C)
rehabilitative motivation or potential.
(9)
any other relevant circumstances or facts.
(b)
If the Board determines that probation is appropriate to
deter future violations of the Act and Board Rules by the Respondent, probation
shall be administered consistently under the following guidelines:
(1)
for violations with greater potential to jeopardize public
health, safety, welfare, or property, the term of the probation may not be
less than one year or more than five years; and
(2)
for violations with less potential to jeopardize public
health, safety, welfare, or property, the term of the probation may not be
less than six months or more than one year.
(c)
The Board may prescribe conditions of probation on a case-by-case
basis depending on the severity of the violation that will include reporting
requirements, restrictions on practice, site inspections, and/or continuing
education requirements as applicable as described in this subsection. The
Board reserves the right to reconsider the terms of probation based upon any
extenuating circumstances.
(d)
The Board will determine the reporting requirements for
each probation and will include a list of Board probation requirements and
schedule for completion of those requirements in which the Board may require
the license holder to submit documentation including, but not limited to,
survey plats, client lists, job assignments, proof of continuing education
participation, restricted practice reports, and other documents concerning
the probation to demonstrate compliance with the conditions of probation.
As a condition of probation, the license holder shall accept that schedule
deadlines are final.
(e)
The Board will receive and date stamp documentation on
the day received and track compliance with probation requirements for each
probated suspension. The Board shall honor postmarks for date of submittal;
however, if not received by the required deadline, the license holder shall
have the burden of proof to demonstrate documentation was submitted by the
schedule deadline.
(f)
As a condition of probation, the Board may require the
license holder to obtain additional continuing education in addition to the
minimum requirements of §664.3 of this title (relating to Numerical Requirements
for Continuing Education) and may prescribe formal classroom study, workshops,
seminars, and other specific forms of continuing education.
(g)
Failure to comply with probation requirements shall result
in revocation of probation and reinstatement of the original sanction.
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 February 2, 2005.
TRD-200500491
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 452-9427
Chapter 116.
DENTAL LABORATORIES
Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
(B)
] A bachelor's degree in engineering
or one of the mathematical, physical, or engineering sciences, plus a graduate
degree in engineering
or computer science
, provided that:
(C)
] a completed degree that has
not been accredited or approved by either of the organizations identified
in subparagraph (A) of this section but has been evaluated in accordance with §133.33
of this chapter, (relating to Proof of Educational Qualifications-Non-Accredited/Non-Approved
Programs), and determined to meet the ABET general and program criteria requirements
for an EAC/ABET-accredited or -approved program.
Subchapter F. REFERENCE DOCUMENTATION
Subchapter G. EXAMINATIONS
and who is enrolled in
] an engineering
program accredited or approved by the EAC/ABET
;
[
,
]
,
] or
, may
take the examination on the fundamentals of engineering at the student's school
provided the school administers the examination as prescribed by the board.
]
the student's school provided
that the school administers the examination as
] prescribed by the board
provided that
[
and
] the student is enrolled in an EAC/ABET-accredited
graduate degree program or in a graduate program at an institution which has
an EAC/ABET
or CAC/ABET
-accredited undergraduate degree program
in that discipline, and the student has:
(c)
Engineering students may schedule
the examination on the fundamentals of engineering at their participating
school through the engineering dean, department head, or other program administrator.]
(d)
] Persons who demonstrate that
they meet the educational requirements for a license and who have not passed
the examination on the fundamentals of engineering while in college
and who are residents of Texas
may apply to the board to take the examination
in accordance with the applicable examination schedule adopted by the board.
(e)
] Persons who do not meet the
criteria of subsection (a) of this section, but who need only to complete
the examination on the fundamentals of engineering to fulfill the graduation
requirements of a degree program that would meet the educational requirements
for a license, may apply to the board to take the examinations in accordance
with the applicable examination schedule adopted by the board.
Subchapter H. REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
Part 29.
TEXAS BOARD OF PROFESSIONAL LAND SURVEYING