TITLE rule-review

Agency Rule Review Plan

Texas Real Estate Commission

Title 22, Part 23

TRD-200600819

Filed: February 15, 2006


Adopted Rule Reviews

Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) readopts the administrative rules of 16 TAC Chapter 71, Warrantors of Vehicle Protection Products in accordance with the Texas Government Code, §2001.039. The Notice of Intent to Review was published in the December 23, 2005, issue of the Texas Register (30 TexReg 8707).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of TAC Chapter 71, Warrantors of Vehicle Protection Products to determine if the rules were obsolete, reflected current legal and policy considerations, and reflected current procedures of the Department.

The Department’s review has determined that the reasons for initially adopting the rules continue to exist. The rules are still essential in implementing the provisions of the Texas Occupations Code, Chapter 51 and 2306. Based on the Department’s review, however, the Department proposes that amendments be made which may be helpful in clarifying statutory and administrative rule requirements and bring them more in line with current law and Department procedure.

Proposed changes will be published in the Proposed Rule Section of the Texas Register and will be open for public comment prior to final adoption or repeal by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The Notice of Intent to Review was distributed to persons internal and external to the agency. The public comment period closed January 23, 2006. No public comments were received.

The rules are re-adopted in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC Chapter 71.

TRD-200600676

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 9, 2006


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy adopts the review of Chapter 291, Subchapter C (§§291.51 - 291.55), concerning Nuclear Pharmacy (Class B), pursuant to the Texas Government Code, §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the December 2, 2005, issue of the Texas Register (30 TexReg 8183).

No comments were received.

The agency finds the reason for adopting the rules continues to exist.

TRD-200600779

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 14, 2006


The Texas State Board of Pharmacy adopts the review of Chapter 305 (§305.1 and §305.2), concerning Educational Requirements, pursuant to the Texas Government Code, §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the December 2, 2005, issue of the Texas Register (30 TexReg 8183).

No comments were received.

The agency finds the reason for adopting the rules continues to exist.

TRD-200600777

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 14, 2006


The Texas State Board of Pharmacy (Board) adopts the review of Chapter 309 (§309.1 and §309.8), concerning Generic Substitution, pursuant to the Texas Government Code, §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the December 2, 2005, issue of the Texas Register (30 TexReg 8183).

The Board received written comments from the following: Abbott Laboratories, Inc.; American Thyroid Association; The Thyroid Foundation of America, Inc.; American Association of Clinical Endocrinologists; Richard Berger, M.D.; Lance Sloan, M.D.; Robert Talbert, Pharm. D., FCCP, BCPS, Division of Pharmacotherapy, College of Pharmacy, The University of Texas; Keith L Parker, M.D., Ph.D., Chief of Endocrinology and Metabolism, Southwestern Medical Center; Simona Scumpia, M.D., FACE, FRCP; and Kay R. Lewis, M.D., University of Texas Health Science Center at Houston. The written comments submitted recommended that the Board amend §309.3(e)(2) to include levothyroxine sodium as a narrow therapeutic index drug. The Board took no action based on the written comments.

The agency finds the reason for adopting the rules continues to exist.

TRD-200600778

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 14, 2006