Part 7.
STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS
Chapter 141.
FITTING AND DISPENSING OF HEARING INSTRUMENTS
22 TAC §141.6, §141.13
The State Committee of Examiners in the Fitting and Dispensing
of Hearing Instruments (committee) adopts amendments to §141.6 and §141.13,
concerning the licensure and regulation of fitters and dispensers of hearing
instruments. Section 141.6 is adopted with changes to the proposed text as
published in the December 3, 2004, issue of the
Texas Register
(29 TexReg 11252). Section 141.13 is adopted without
changes to the proposed text as published in the December 3, 2004, issue of
the
Texas Register
(29 TexReg 11252), and
the text will not be republished in the
Texas Register
. The proposed amendment to §141.8, which was simultaneously proposed
in the same
Texas Register
issue, is withdrawn
from consideration from permanent adoption.
The amendments are necessary to implement House Bill (H.B.) 2985, 78th
Legislature, 2003, which added Occupations Code, Chapter 101, Subchapter G,
which established the Office of Patient Protection and requires additional
fees to fund it; and Senate Bill 1152, 78th Legislature, 2003, which amends
Government Code, Chapter 2054, to require participation in Texas Online. The
two-year licensing fee amendments are required as a result of revisions to
the Health and Safety Code, Chapter 12, §12.0111 and §12.0112, pursuant
to H.B. 2292, 78th Legislature, 2003. Amendments to §141.6 specify requirements
with the addition of online renewal and clarify that a license or registration
may be granted for a one-year or a two-year term. Amendments to §141.13
specify requirements with the addition of online renewal.
The following comments were received concerning the proposal. Following
the comment is the committee's responses.
Comment: Concerning §141.6(g)(8), a commenter recommended that the
continuing education sponsor fee should not be increased to $600 from $500.
Response: The committee agrees and has corrected the fee from $600 to $500.
Therefore, the continuing education sponsor fee will remain at $500.
Comment: Concerning §141.8, a commenter stated that the proposal should
be withdrawn.
Response: The committee agrees and has withdrawn the proposal to §141.8.
The commenter was an individual from the Texas Hearing Aid Association,
Inc., and was against the proposed amendments to §141.6(g)(8) and §141.8.
The committee agreed with the commenter and made the recommended changes suggested
by the commenter.
The amendments are adopted under the Texas Occupations Code, §402.102,
which provides the State Committee of Examiners in the Fitting and Dispensing
of Hearing Instruments with the authority to adopt rules necessary to administer
and enforce the Texas Occupations Code, Chapter 402, subject to the approval
of the Executive Commissioner of the Health and Human Services Commission,
under H.B. 2292, §1.19(d), 78th Legislature, Regular Session, 2003.
§141.6.Application Procedures.
(a)
Purpose. The purpose of this section is to set out the
application procedures for examination and licensure.
(b)
General.
(1)
Unless otherwise indicated, an applicant must submit all
required information and documentation of credentials on official forms of
the State Committee of Examiners in the Fitting and Dispensing of Hearing
Instruments (committee).
(2)
The committee will not consider an application as officially
submitted until the applicant pays the application fee and submits all required
documents. The fee must accompany the application form(s).
(3)
The committee shall send a notice listing the additional
materials required to an applicant who does not complete the application.
An application not completed within 60 days after the date of notice shall
be invalid; however, by written request to the committee an applicant may
request that his or her application be kept active for an additional year.
Deficient applications will be retained for one year; however, after that
year an applicant will be required to submit a new application and all required
materials in addition to paying a new application fee.
(c)
Fees paid to the committee by applicants are not refundable
except in accordance with §141.7 of this title (relating to Processing
Procedures).
(d)
Remittances submitted to the committee in payment of fees
may be in the form of a cashier's check or money order.
(e)
For all applications and renewal applications, the committee
is authorized to collect subscription and convenience fees, in amounts determined
by the Texas Online Authority, to recover costs associated with application
and renewal application processing through Texas Online.
(f)
For all applications and renewal applications, the committee
is authorized to collect fees to fund the Office of Patient Protection, Health
Professions Council, as mandated by law.
(g)
The fees for administering Texas Occupations Code, Chapter
402, (Act), and this chapter shall be as follows:
(1)
temporary training permit--$205;
(2)
examination fee--$250;
(3)
apprentice permit--$205;
(4)
licensure fee--$205;
(5)
a license issued or renewed for a one-year term--$205;
(6)
a license issued or renewed for a two-year term--$405;
(7)
duplicate document fee--$25;
(8)
continuing education sponsor fee--$500 annually;
(9)
reinstatement fee for a license that was suspended for
failure to pay child support--$55; and
(10)
reinstatement fee for a license that was suspended for
student loan default--$55.
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 May 16, 2005.
TRD-200501965
Michael Shobe
Chairman
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Effective date: June 5, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 458-7236
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
22 TAC §203.6
The Texas Funeral Service Commission (commission) adopts
amendments to §203.6, concerning Provisional Licensees without changes
to the proposed text as published in the March 18, 2005, issue of the
The adopted amendment removes the requirement that provisional licensees
take the exit examination. This examination is not a statutory requirement
for licensure.
Removing the exit examination will lower the cost of becoming fully licensed
and enable provisional licensees to enter the profession sooner.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Texas Occupations
Code, §651.152 which authorizes the commission to issue such rules and
regulations as may be necessary to administer Chapter 651.
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 May 19, 2005.
TRD-200502010
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: June 8, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 936-2466
22 TAC §203.29
The Texas Funeral Service Commission (commission) adopts
the repeal of §203.29, concerning Funeral Establishment Names without
changes to the proposal as published in the March 25, 2005, issue of the
The repeal is being adopted because a new §203.29 is being adopted
to clarify the use of a funeral establishment name.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the authority of the Texas Occupations
Code, §651.152 which authorizes the commission to issue such rules and
regulations as may be necessary to administer Chapter 651.
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 May 19, 2005.
TRD-200502013
O.C."Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: June 8, 2005
Proposal publication date: March 25, 2005
For further information, please call: (512) 936-2466
22 TAC §203.29
The Texas Funeral Service Commission (commission) adopts
new §203.29, concerning Funeral Establishment Names without changes to
the proposed text as published in the March 25, 2005, issue of the
Texas Register
(30 TexReg 1763).
The new section is necessary to adopt to clarify the use of funeral establishment
names.
No comments were received regarding adoption of the new section.
The new section is adopted under the authority of the Texas Occupations
Code, §651.152 which authorizes the commission to issue such rules and
regulations as may be necessary to administer Chapter 651.
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 May 19, 2005.
TRD-200502014
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: June 8, 2005
Proposal publication date: March 25, 2005
For further information, please call: (512) 936-2466
Chapter 291.
PHARMACIES
Subchapter A. ALL CLASSES OF PHARMACIES
22 TAC §291.20
The Texas State Board of Pharmacy adopts amendments to §291.20
concerning Remote Pharmacy Services. The amendments are adopted without changes
to the proposed text as published in the March 4, 2005, issue of the
The adopted amendments implement changes made to Section 562.108 of the
Texas Pharmacy Act made during the 78th Legislative session which allow Class
E (non-resident) pharmacies located not more than 20 miles from an institution
in this state that is licensed under Chapter 242 or 252, Health and Safety
Code, to maintain controlled substances and dangerous drugs in an emergency
medication kit used at an institution licensed under those chapters; and allow
a United States Department of Veterans Affairs pharmacy or other federally
operated pharmacy to maintain controlled substances and dangerous drugs in
an emergency medication kit used at an institution that is licensed under
Chapter 242, Health and Safety Code, and is a veterans home, as defined by
Section 164.002, Natural Resources Code. The amendments also clarify inventory
requirements for remote pharmacy services using automated pharmacy systems
and remote pharmacy services using emergency medication kits, and update citations.
No comments were received.
The amendments are adopted under sections 551.002, 554.051, 562.108,
562.109, and 562.110 of the Texas Pharmacy Act (Chapters 551-566 and 568-569,
Texas Occupations Code). The Board interprets section 551.002 as authorizing
the agency to protect the public through the effective control and regulation
of the practice of pharmacy. The Board interprets section 554.051(a) as authorizing
the agency to adopt rules for the proper administration and enforcement of
the Act. The Board interprets section 562.108 as authorizing the agency to
adopt rules regarding emergency medication kits. The Board interprets section
562.109 as authorizing the agency to adopt rules regarding automated pharmacy
systems. The Board interprets section 562.110 as authorizing the agency to
adopt rules regarding telepharmacy systems.
The statutes affected by this rule: Texas Pharmacy Act, Chapters 551-566
and 568-569, Texas Occupations Code.
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 May 23, 2005.
TRD-200502054
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 12, 2005
Proposal publication date: March 4, 2005
For further information, please call: (512) 305-8028
22 TAC §291.33
The Texas State Board of Pharmacy adopts amendments to §291.33
concerning Operational Standards. The amendments are adopted without changes
to the proposed text as published in the March 4, 2005, issue of the
The adopted amendments implement a portion of the recommendations of the
Task Force on Patient Counseling requiring a pharmacist to ensure that the
patient or patient's agent is offered information about refill prescriptions
and requiring pharmacies to post notification in the pharmacy that a pharmacist
is available to answer questions about prescription medications. In addition,
the amendments regarding generic substitution make changes to conform with
adopted changes in §309.7 published elsewhere in this issue of the
Comments were received from H.E. Butt Grocery Company and one individual
regarding the proposed changes to the patient counseling requirements. H.E.
Butt Grocery Company supports the proposed changes except for the requirement
to counsel patients on all new prescription orders. H.E. Butt Grocery Company
recommended that the mandatory patient counseling requirement be replaced
with the Task Force recommendations regarding the conditions and situations
that trigger mandatory counseling. The individual who commented also supported
the mandatory counseling requirement being removed from the rules. The Board
disagrees with these comments and adopted the amendments as indicated to require
patient counseling on all new prescriptions.
Comments were received from the Texas Health and Human Services Commission,
H.E. Butt Grocery Company, Wal-Mart Pharmacy Department, and the National
Association of Chain Drug Stores supporting the proposed changes regarding
generic substitution.
The amendments are adopted under sections 551.002 and 554.051
of the Texas Pharmacy Act (Chapters 551-566 and 568-569, Texas Occupations
Code). The Board interprets section 551.002 as authorizing the agency to protect
the public through the effective control and regulation of the practice of
pharmacy. The Board interprets section 554.051(a) as authorizing the agency
to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this rule: Texas Pharmacy Act, Chapters 551-566
and 568-569, Texas Occupations Code.
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 May 23, 2005.
TRD-200502055
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 12, 2005
Proposal publication date: March 4, 2005
For further information, please call: (512) 305-8028
22 TAC §291.104
The Texas State Board of Pharmacy adopts amendments to §291.104
concerning Generic Substitution. The amendments are adopted without changes
to the proposed text as published in the March 4, 2005, issue of the
The adopted amendments make changes to conform with adopted changes to §309.7
published elsewhere in this issue of the
Texas Register
.
Comments were received from the Texas Health and Human Services Commission,
H.E. Butt Grocery Company, Wal-Mart Pharmacy Department, and the National
Association of Chain Drug Stores supporting the proposed changes.
The amendments are adopted under sections 551.002 and 554.051
of the Texas Pharmacy Act (Chapters 551-566 and 568-569, Texas Occupations
Code). The Board interprets section 551.002 as authorizing the agency to protect
the public through the effective control and regulation of the practice of
pharmacy. The Board interprets section 554.051(a) as authorizing the agency
to adopt rules for the proper administration and enforcement of the Act. Section
554.051(b) which authorizes the agency to make a rule concerning the operation
of a licensed pharmacy located in this state applicable to a pharmacy licensed
by the board that is located in another state, if the board determines the
rule is necessary to protect the health and welfare of the citizens of this
state.
The statutes affected by this rule: Texas Pharmacy Act, Chapters 551-566
and 568-569, Texas Occupations Code.
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 May 23, 2005.
TRD-200502056
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 12, 2005
Proposal publication date: March 4, 2005
For further information, please call: (512) 305-8028
22 TAC §295.13
The Texas State Board of Pharmacy adopts amendments to §295.13
concerning Drug Therapy Management by a Pharmacist under Written Protocol
of a Physician. The amendments are adopted without changes to the proposed
text as published in the March 4, 2005, issue of the
Texas Register
(30 TexReg 1220).
The amendments delete the requirement for pharmacists participating in
drug therapy management under the written protocol of a physician to notify
the Board of such participation.
No comments were received.
The amendments are adopted under sections 551.002 and 554.051
of the Texas Pharmacy Act (Chapters 551-566 and 568-569, Texas Occupations
Code). The Board interprets section 551.002 as authorizing the agency to protect
the public through the effective control and regulation of the practice of
pharmacy. The Board interprets section 554.051(a) as authorizing the agency
to adopt rules for the proper administration and enforcement of the Act. The
Board interprets section 554.051(c) as authorizing the agency to adopt rules
regarding records to be maintained by a pharmacist performing a specific act
under a written protocol.
The statutes affected by this rule: Texas Pharmacy Act, Chapters 551-566
and 568-569, Texas Occupations Code.
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 May 23, 2005.
TRD-200502057
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 12, 2005
Proposal publication date: March 4, 2005
For further information, please call: (512) 305-8028
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Part 15.
TEXAS STATE BOARD OF PHARMACY
Subchapter B. COMMUNITY PHARMACY (CLASS A)
Subchapter F. NON-RESIDENT PHARMACY (CLASS E)
Chapter 295.
PHARMACIES
Chapter 309.
GENERIC SUBSTITUTION