Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
22 TAC §203.6
The Texas Funeral Service Commission (Commission) proposes
an amendment to §203.6, concerning Provisional Licensees.
The amendment is proposed because existing subsection (k) is no longer
needed after the approval of the commission at the May, 2004 meeting to discontinue
the oral exit interviews.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the amendment is in effect, there will be no fiscal implication
for state or local governments as a result of enforcing or administering the
proposed amendment.
Mr. Robbins further has determined that for each of the first five-year
period the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be eliminating the oral exit interviews in
order to expedite the licensure of qualified applicants thereby allowing them
to be placed into the community sooner. There will be no effect on large,
small or micro-businesses. There is no anticipated economic costs to persons
who are required to comply with the amendment as proposed. There is no impact
on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217,
Capitol Station, Austin, Texas 78711-1440, (512) 479-5064 (fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The amendment is proposed 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 proposal.
§203.6.Provisional Licensees.
(a) - (d)
(No change.)
(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
and Reporting Embalming Procedures
) 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) - (j)
(No change.)
[(k)
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)
[
(l)
[
(m)
[
(n)
[
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 March 2, 2005.
TRD-200500944
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 936-2466
22 TAC §203.16
The Texas Funeral Service Commission (Commission) proposes
an amendment to §203.16, concerning Minimum Standards for Embalming and
Reporting Embalming Procedures.
The amendment is proposed because existing §203.16 does not have information
prescribing the minimum information that should be contained on embalming
case reports.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the amendment is in effect, there will be no fiscal implication
for state or local governments as a result of enforcing or administering the
amendment as proposed.
Mr. Robbins further has determined that for each of the first five-year
period the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to ensure uniformity on embalming case
reports in order determine whether or not minimum standards have been followed
for each embalming case. There will be no effect on large, small or micro-businesses.
There is no anticipated economic costs to persons who are required to comply
with the amendment as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217,
Capitol Station, Austin, Texas 78711-1440, (512) 479-5064 (fax), or electronically
to chet.robbins@tfsc.state.tx.us.
The amendment is proposed 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 proposal.
§203.16.Minimum Standards for Embalming and Reporting Embalming Procedures .
(a) - (b)
(No change.)
(c)
Embalming Case Report
(1)
All embalming case reports must contain, at a minimum,
all the information on the case-report form published following this subsection.
This form is also on file in the commission's offices and may be accessed
from the commission's website at www.tfsc.state.tx.us. Staff will make a copy
of this form available upon request. Funeral establishments may use other
forms, so long as the forms contain all the information on the published form.
(2)
A case report shall be completed for each embalming procedure.
The completed form shall be retained for 2 years following the procedure date
and made available to the commission, upon request.
Figure: 22 TAC §203.16(c)(2) (.pdf)
[(c)
A report form, approved by the Texas
Funeral Service Commission, shall be completed on each case of embalming.
The completed form shall be retained for a two-year period and be made available
to the Texas Funeral Service Commission, upon request, for inspection.]
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 March 2, 2005.
TRD-200500945
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 936-2466
Chapter 534.
GENERAL ADMINISTRATION
22 TAC §534.3
The Texas Real Estate Commission (TREC) proposes amendments
to Chapter 534, General Administration, by adding §534.3, concerning
employee training and education. The proposed rule is necessary to comply
with Texas Government Code, §§656.041 - 656.049, which require that
state agencies adopt rules addressing employee training and education.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the rule. There are no anticipated
fiscal implications for units of local government. There is no anticipated
impact on small businesses, micro businesses, individuals or local or state
employment as a result of implementing the rule.
Ms. DeHay also has determined that for each year of the first five years
the rule as proposed is in effect the public benefit anticipated as a result
of enforcing the rule regarding employee training and education will be a
better understanding by employees of agency policy and procedures regarding
compensation for employee training.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rule is proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapter
1101 and Texas Government Code, Chapter 656. No other statute, code or article
is affected by the proposed rule.
§534.3.Employee Training and Education.
(a)
The commission may use state funds to provide training
and education for its employees in accordance with the State Employees Training
Act (Texas Government Code, §§656.044 - 656.049).
(b)
The training or education shall be related to the duties
or prospective duties of the employee.
(c)
The commission's training and education program benefits
both the commission and the employees participating by:
(1)
preparing for technological and legal developments;
(2)
increasing work capabilities;
(3)
increasing the number of qualified employees in areas for
which the commission has difficulty in recruiting and retaining employees;
and
(4)
increasing the competence of commission employees.
(d)
A commission employee may be required to attend, as part
of the employee's duties, a training or education program related to the employee's
duties or prospective duties.
(e)
Approval to participate in a training or education program
is not automatic and is subject to the availability of funds within the commission's
budget.
(f)
The employee training and education program for the commission
shall include:
(1)
agency-sponsored training provided in-house or by contract;
(2)
seminars and conferences;
(3)
technical or professional certifications and licenses;
and
(4)
tuition reimbursement for degree and non-degree program
courses.
(g)
The administrator or administrator's designee shall develop
policies for administering each of the components of the employee training
and education program. These policies shall include:
(1)
eligibility requirements for participation;
(2)
designation of appropriate level of approval for participation;
and
(3)
obligations of program participants.
(h)
Approval to participate in any portion of the commission's
training and education program shall not in any way affect an employee's at-will
status.
(i)
Participation in the training and education program shall
not in any way constitute a guarantee or indication of continued employment,
nor shall it constitute a guarantee or indication of future employment in
a current or prospective position.
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 March 1, 2005.
TRD-200500910
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 465-3900
22 TAC §534.4
The Texas Real Estate Commission (TREC) proposes amendments
to Chapter 534, General Administration, by adding §534.4, concerning
historically underutilized businesses. The proposed rule is necessary to comply
with Texas Government Code, §2161.003. Section 2161.003 of the Government
Code requires the Commission to adopt the Texas Building and Procurement Commission's
rules on Historically Underutilized Businesses.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the rule. There are no anticipated
fiscal implications for units of local government. There is no anticipated
impact on small businesses, micro businesses, individuals or local or state
employment as a result of implementing the rule.
Ms. DeHay also has determined that for each year of the first five years
the rule as proposed is in effect the public benefit anticipated as a result
of enforcing the rule will be a decrease in confusion among the vendor community
regarding agency rules and procedures for historically underutilized businesses.
This should result in a more efficient agency purchasing process.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rule is proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapter
1101 and Texas Government Code, Chapter 2161. No other statutes, articles,
or codes are affected by the proposed rule.
§534.4.Historically Underutilized Businesses Program.
Pursuant to Chapter 2161, §2161.003, Texas Government Code, the
commission adopts by reference the rules of the Texas Building and Procurement
Commission in 1 TAC §§111.11 - 111.28, relating to the Historically
Underutilized Business 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 March 1, 2005.
TRD-200500911
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 465-3900
22 TAC §534.5
The Texas Real Estate Commission (TREC) proposes amendments
to Chapter 534, General Administration, by adding §534.5, concerning
bid opening and tabulation. The proposed rule is necessary to comply with
Texas Government Code, §2156.005. Section 2156.005 of the Government
Code requires the Commission to adopt the Texas Building and Procurement Commission's
rules on Bid Opening and Tabulation.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the rule. There are no anticipated
fiscal implications for units of local government. There is no anticipated
impact on small businesses, micro businesses, individuals or local or state
employment as a result of implementing the rule.
Ms. DeHay also has determined that for each year of the first five years
the rule as proposed is in effect the public benefit anticipated as a result
of enforcing the rule will be a decrease in confusion among the vendor community
regarding agency rules and procedures for bid opening and tabulation. This
should result in a more efficient agency purchasing process.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rule is proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapter
1101 and Texas Government Code, Chapter 2156. No other statutes, articles,
or codes are affected by the proposed rule.
§534.5.Bid Opening and Tabulation.
(a)
The commission adopts by reference the rules of the Texas
Building and Procurement Commission in 1 TAC §113.5(b) relating to bid
submission, bid opening, and tabulation.
(b)
The adoption of this rule is required by Texas Government
Code, §2156.005(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 March 1, 2005.
TRD-200500912
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 465-3900
22 TAC §534.6
The Texas Real Estate Commission (TREC) proposes amendments
to Chapter 534, General Administration, by adding §534.6, concerning
negotiation and mediation of certain contract disputes. The proposed rule
is necessary to comply with Texas Government Code, §2260.052. Section
2260.052 of the Government Code authorizes the Commission to adopt the Office
of the Attorney General's rules on negotiation and mediation of certain contracts.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the rule. There are no anticipated
fiscal implications for units of local government. There is no anticipated
impact on small businesses, micro businesses, individuals or local or state
employment as a result of implementing the rule.
Ms. DeHay also has determined that for each year of the first five years
the rule as proposed is in effect the public benefit anticipated as a result
of enforcing the rule will be a decrease in confusion among the vendor community
regarding agency rules and procedures for negotiation and mediation of certain
contract disputes. This should result in a more efficient agency purchasing
process.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rule is proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapter
1101 and Texas Government Code, Chapter 2260. No other statutes, articles,
or codes are affected by the proposed rule.
§534.6.Negotiation and Mediation of Certain Contract Disputes.
The commission adopts by reference the rules of the Office of the Attorney
General in Title 1, Part 3, Texas Administrative Code, Chapter 68 relating
to Negotiation and Mediation of Certain Contract Disputes to comply with the
requirements of Texas Government Code, Chapter 2260, §2260.052(c). The
rules set forth a process to permit parties to structure a negotiation or
mediation in a manner that is most appropriate for a particular dispute regardless
of the contract's complexity, subject matter, dollar amount, or method and
time of performance.
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 March 1, 2005.
TRD-200500913
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 465-3900
22 TAC §534.7
The Texas Real Estate Commission (TREC) proposes amendments
to Chapter 534, General Administration, by adding §534.7, concerning
vendor protest procedures. The proposed rule is necessary to comply with Texas
Government Code, §2155.076. Section 2155.076 of the Government Code requires
that the agency's rules for vendor protest procedures must be consistent with
rules adopted by the Texas Building and Procurement Commission.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the rule. There are no anticipated
fiscal implications for units of local government. There is no anticipated
impact on small businesses, micro businesses, individuals or local or state
employment as a result of implementing the rule.
Ms. DeHay also has determined that for each year of the first five years
the rule as proposed is in effect the public benefit anticipated as a result
of enforcing the rule will be a decrease in confusion among the vendor community
regarding agency rules and procedures for vendor protest procedures. This
should result in a more efficient agency purchasing process.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rule is proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapter
1101 and Texas Government Code, Chapter 2155. No other statutes, articles,
or codes are affected by the proposed rule.
§534.7.Vendor Protest Procedures.
(a)
The commission adopts by reference the rules promulgated
by the Texas Building and Procurement Commission regarding purchasing protest
procedures as set forth in 1 TAC §111.3.
(b)
The commission shall maintain documentation about the purchasing
process to be used in the event of a protest by maintaining current information
regarding applicable statutory law, administrative rules, and guidelines affecting
the purchasing 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 March 1, 2005.
TRD-200500914
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 17, 2005
For further information, please call: (512) 465-3900
Chapter 571.
LICENSING
Subchapter C. LICENSE RENEWALS
22 TAC §571.54
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §571.54 concerning Retired License Status. The
current section contains the requirements for reinstating a veterinarian's
license to practice veterinary medicine after the veterinarian has retired.
The new requirements for reinstatement following retirement distinguish between
two types of reinstatement requests: those that occur within the same license
renewal period in which the licensee retires, and those that occur after the
initial renewal period is expired. If a licensee requests reinstatement during
the initial renewal period, the licensee must pay required fees and comply
with continuing education requirements. If a licensee requests reinstatement
after the first renewal period has expired, the licensee must petition the
Board for reinstatement, complete an application, and submit to reexamination
and meet all requirements for an original license. Prior to expiration of
the retiree's initial renewal period, the Board shall inform the retiree that
he may apply for reinstatement, or remain in retired status. If the retiree
elects to remain in retired status, the retiree shall no longer receive license
renewal notices and will be not be required to renew his retired license.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to reduce agency expenditures by eliminating renewal notices
and bookkeeping associated with renewals for those retirees who elect to remain
in retired status. There will be no effect on small or micro businesses. There
is no anticipated economic cost to persons who are required to comply with
the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by May 2, 2005.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Occupations Code, §801.151(a), which states that the Board
may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Occupations Code, §§801.251-.258
which set out requirements for licensing.
§571.54.Retired License Status.
(a)
"Retirement" means the voluntary and permanent
conclusion of a licensee's practice of veterinary medicine.
(b)
If a licensee retiring for the first time
requests reinstatement of his license in the same renewal year in which he
retired, the licensee must:
(1)
pay the annual renewal fee plus a $25 administrative processing
fee to reinstate the license; and
(2)
comply with the following continuing education requirements:
(A)
If a retired licensee has maintained an annual average
of 17 hours of approved continuing education, no additional continuing education
hours will be required.
(B)
If a retired licensee has maintained an annual average
of less than 17 hours of approved continuing education, the retired licensee
must complete 34 hours of continuing education in the twelve months immediately
following reinstatement.
(c)
If a licensee has been retired for longer
than one renewal period, the retired licensee may reinstate the license by
:
(1)
petitioning the Board in writing for reinstatement and
completing an examination for reinstatement application with supporting documentation
and fees; and
(2)
submitting to reexamination and complying with all requirements
for obtaining an original license. At the discretion of the Board, the petitioner
may be required to take and pass the NAVLE prior to applying for and taking
the SBE.
(d)
By no later than 30 days before the end
of the current renewal year in which a licensee's license is retired for the
first time, the Board shall inform the retired licensee that he or she may:
(1)
apply to reinstate the license in accordance with (b) above;
or
(2)
remain in retired status.
(e)
The retired licensee shall notify the
Board of his or her decision by no later than the end of the current renewal
year in which the licensee's license is retired for the first time.
(f)
If the retired licensee decides to remain
in retired status, he or she will no longer receive license renewal notices
and will not be required to renew his or her retired license.
[The Board views retirement as the conclusion of a
career in veterinary medicine. Therefore, if a person's license has been permanently
and totally retired for longer than one year, the license may be reinstated
by:]
[(1)
petitioning the board in writing for reinstatement, and
completing an Examination for Reinstatement application with supporting documentation
and fee(s);]
[(2)
submitting to reexamination and complying with the requirement
and procedures for obtaining an original license. At the discretion of the
board, the petitioner may be required to take and pass the North American
Veterinary Licensing Examination (NAVLE) prior to applying for and taking
the SBE.]
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 March 2, 2005.
TRD-200500949
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 9, 2005
For further information, please call: (512) 305-7555
Subchapter E. PRESCRIBING AND/OR DISPENSING MEDICATION
22 TAC §573.40
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §573.40 concerning Labeling of Medications Dispensed.
This section contains the requirements for labeling of medications dispensed
by veterinarians. The section prohibits the dispensing of unlabeled medications
to a client and patient. The amendments add the requirement that a dispensing
veterinarian's telephone number, including zip code, be included on the label.
This addition is desirable because of the increasing mobility of clients who
may need to quickly locate the dispensing veterinarian for their pet.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to allow a veterinarian's client or another veterinarian to
more quickly locate the dispensing veterinarian. There will be no effect on
small or micro businesses. There is no anticipated economic cost to persons
who are required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by May 2, 2005.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Occupations Code, §801.151(a), which states that the Board
may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Occupations Code, §801.351,
which requires the existence of a veterinarian-client-patient relationship
prior to prescribing treatment of animals.
§573. 40.Labeling of Medications Dispensed.
(a)
A veterinarian shall
[
(1)
the veterinarian's name, address, and telephone number
(including area code);
[
(2)
date of delivery or dispensing;
(3)
patient/client name (and address if drug is
a
controlled
substance);
(4)
species of the animal;
(5)
name, strength, and quantity of the drug dispensed;
(6)
directions for use;
and
(7)
cautionary statements as required by law, i.e. not for
human consumption, poisonous, withdrawal periods, etc.
(b)
If the [
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 March 2, 2005.
TRD-200500948
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 9, 2005
For further information, please call: (512) 305-7555
22 TAC §575.26
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §575.26 concerning Complaint Form. This section
sets out the contents of a complaint form that is used by the public to file
complaints against veterinarians. The amendments correct the Board's address
on the form and request persons requiring auxiliary aids or services in filing
the complaint to contact a toll-free number or the Board's offices. The amendments
also request that the complainant submit details of the complaint and list
events in chronological order.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to provide the public with accurate, up-to-date information
on how to file a complaint with the Board. There will be no effect on small
or micro businesses. There is no anticipated economic cost to persons who
are required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by May 2, 2005.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Occupations Code, §801.151(a), which states that the Board
may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Occupations Code, §801.203,
which deals with complaint procedures.
§575.26.Complaint Form.
The Board
adopts
[
Figure: 22 TAC §575.26 (.pdf)
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 March 2, 2005.
TRD-200500947
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 9, 2005
For further information, please call: (512) 305-7555
(l)
] Before a provisional licensee
is issued an embalmer's license, the professional licensee must take and pass
the national Board Examination with at least a grade of 75%. Both tests are
administered by the International Conference of Funeral Service Examining
Boards, Inc.
(m)
] 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.
(n)
] 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.
(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.
Part 23.
TEXAS REAL ESTATE COMMISSION
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
It is unprofessional
conduct for a veterinarian to fail to
] affix labels to all unlabeled
containers containing any medication dispensed and to all factory labeled
containers that contain prescription (legend) drugs and/or controlled substances
dispensed. The label must be affixed to the immediate container and include:
name and address of the veterinarian (and
telephone number if drug is controlled substance)
]
size of the
] immediate container is
too small
[
insufficient
] to be labeled, the small container
shall be enclosed within another container large enough to be labeled.
Chapter 575.
PRACTICE AND PROCEDURE
shall adopt
] the following
form as its official complaint form. The form, along with a "Consumer Information"
pamphlet, explaining the
Board's
[
Board
] functions and
complaint process, will be furnished to any person who wishes to file a complaint
with the Board.