Part 1.
DEPARTMENT OF STATE HEALTH SERVICES
Chapter 117.
END STAGE RENAL DISEASE FACILITIES
Subchapter B. FACILITY LICENSING
25 TAC §117.14
The Executive Commissioner of the Health and Human Services
Commission, on behalf of the Department of State Health Services (department),
adopts an amendment to §117.14, concerning end stage renal disease facilities
licensing fees without changes to the proposed text as published in the October
21, 2005, issue of the
Texas Register
(30
TexReg 6903), and the section will not be republished.
BACKGROUND AND PURPOSE
The Texas Legislature passed the General Appropriations Act, Senate Bill
1, 79th Legislature, Regular Session (2005). Article II, Rider 85, makes a
portion of the appropriation contingent upon collection of fees above the
Comptroller of Public Accounts Biennial Revenue estimate. To meet these requirements,
cost recovery fees were included in this amendment.
The End Stage Renal Disease Facilities Program was evaluated to determine
the level of increase in fees based on the following criteria: the date of
the last fee increase for the specific program area; the percentage of revenue
above costs for the specific program; the cost of licenses compared to other
similar licenses; and the value added analysis of the license. Additional
costs of administration and enforcement of the program, due to a recent legislative
increase in pay, longevity pay, and travel reimbursement, were also factored
in to determine the direct and indirect costs of the program.
SECTION-BY-SECTION SUMMARY
Amendments to §117.14 contain changes in the manner in which fees
are assessed against end stage renal disease facilities for initial and renewal
licenses. Specifically, §117.14(b)(1) establishes a fee system based
on the number of licensed stations. This new fee structure will result in
an increase in the licensing fee for some facilities, and a decrease in the
licensing fee for other facilities.
COMMENTS
The department, on behalf of the commission, did not receive any comments
regarding the proposed rule during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adopted rule has been reviewed by legal counsel and found
to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY The adopted amendment to §117.14 is
authorized by Health and Safety Code, §12.0111 and §251.002, which
require the department to charge fees for issuing or renewing a license; and
Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
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 January 6, 2006.
TRD-200600097
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: February 1, 2006
Proposal publication date: October 21, 2005
For further information, please call: (512) 458-7111
25 TAC §123.4
The Executive Commissioner of the Health and Human Services
Commission, on behalf of the Department of State Health Services (department),
adopts an amendment to §123.4, concerning respiratory care practitioners
fees without changes to the proposed text as published in the October 21,
2005, issue of the
Texas Register
(30 TexReg
6904), and the section will not be republished.
BACKGROUND AND PURPOSE
The Texas Legislature passed the General Appropriations Act, Senate Bill
1, 79th Legislature, Regular Session (2005). Article II, Rider 85, makes a
portion of the appropriation contingent upon collection of fees above the
Comptroller of Public Accounts' Biennial Revenue estimate. To meet these requirements,
cost recovery fees are included in this amendment.
The Respiratory Care Practitioner Certification Program was evaluated to
determine the level of increase in fees based on the following criteria: the
date of the last fee increase for the specific program area; and the cost
of licenses compared to other similar licenses. Additional costs of administration
and enforcement of the program, due to a recent legislative increase in pay,
longevity pay, and travel reimbursement, were also factored in to determine
the direct and indirect costs of each program.
SECTION-BY-SECTION SUMMARY
Amendments to §123.4 contain increases in fees assessed against licensed
respiratory care practitioners for license renewal. Specifically, §123.4(1)(C)
increases the fee for a one-year renewal by $5; and §123.4(1)(D) increases
the fee for a two-year renewal by $10. The term "renewal fee" is being inserted,
and language referencing the Board of Health is being removed because the
Board of Health was abolished on August 31, 2004.
COMMENTS
The department, on behalf of the commission, did not receive any comments
regarding the proposed rule during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adopted rule has been reviewed by legal counsel and found
to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The adopted amendment to §123.4 is authorized by Health and Safety
Code, §12.0111 and §251.002, which require the department to charge
fees for issuing or renewing a license; and Government Code, §531.0055,
and Health and Safety Code, §1001.075, which authorize the Executive
Commissioner of the Health and Human Services Commission to adopt rules and
policies necessary for the operation and provision of health and human services
by the department and for the administration of Health and Safety Code, Chapter
1001.
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 January 6, 2006.
TRD-200600099
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: February 1, 2006
Proposal publication date: October 21, 2005
For further information, please call: (512) 458-7111
Subchapter A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
25 TAC §135.3
The Executive Commissioner of the Health and Human Services
Commission, on behalf of the Department of State Health Services (department),
adopts an amendment to §135.3, concerning ambulatory surgical centers
licensing fees without changes to the proposed text as published in the November
18, 2005, issue of the
Texas Register
(30
TexReg 7679), and the section will not be republished.
BACKGROUND AND PURPOSE
The Texas Legislature passed the General Appropriations Act, Senate Bill
1, 79th Legislature, Regular Session (2005). Article II, Rider 85, makes a
portion of the appropriation contingent upon collection of fees above the
Comptroller of Public Accounts' Biennial Revenue estimate. To meet these requirements,
cost recovery fees are included in this amendment.
The Ambulatory Surgical Centers Program was evaluated to determine the
level of increase in fees based on the following criteria: the date of the
last fee increase for the specific program area; the percentage of revenue
above costs for the specific program; the cost of licenses compared to other
similar licenses; and the value added analysis of the license. Additional
costs of administration and enforcement of the program, due to a recent legislative
increase in pay, longevity pay, and travel reimbursement, were also factored
in to determine the direct and indirect costs of the program.
SECTION-BY-SECTION SUMMARY
Amendments to §135.3 contain increases in ambulatory surgical center
licensing fees for initial and renewal applications. Specifically, §135.3(a)
increases the fee for an initial license application by $1,200; and §135.3(b)
increases the fee for a renewal license application by $1,200.
COMMENTS
The department, on behalf of the commission, did not receive any comments
regarding the proposed rule during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adopted rule has been reviewed by legal counsel and found
to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The adopted amendments to §135.3 are authorized by Health and Safety
Code, §12.0111 and §251.002, which require the department to charge
fees for issuing or renewing a license; and Government Code, §531.0055,
and Health and Safety Code, §1001.075, which authorize the Executive
Commissioner of the Health and Human Services Commission to adopt rules and
policies necessary for the operation and provision of health and human services
by the department and for the administration of Health and Safety Code, Chapter
1001.
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 January 6, 2006.
TRD-200600107
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: March 1, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 458-7111
Subchapter A. THE DEPARTMENT
25 TAC §141.2
The Executive Commissioner of the Health and Human Services
Commission, on behalf of the Department of State Health Services (department),
adopts an amendment to §141.2, concerning massage therapists fees without
changes to the proposed text as published in the October 21, 2005, issue of
the
Texas Register
(30 TexReg 6907), and the
section will not be republished.
BACKGROUND AND PURPOSE
The Texas Legislature passed the General Appropriations Act, Senate Bill
1, 79th Legislature, Regular Session (2005). Article II, Rider 85, makes a
portion of the appropriation contingent upon collection of fees above the
Comptroller of Public Accounts' Biennial Revenue estimate. To meet these requirements,
cost recovery fees are included in this amendment.
The Massage Therapy Registration Program was evaluated to determine the
level of increase in fees based on the following criteria: the date of the
last fee increase for the specific program area; and the cost of licenses
compared to other similar licenses. Additional costs of administration and
enforcement of the program, due to a recent legislative increase in pay, longevity
pay, and travel reimbursement, were also factored in to determine the direct
and indirect costs of each program.
SECTION-BY-SECTION SUMMARY
Amendments to §141.2 contain increases in fees assessed against licensed
massage therapists for renewal registrations. Specifically, §141.2(c)(7)
increases the fee for a one-year renewal by $10; and §141.2(c)(8) increases
the fee for a two-year renewal by $20.
COMMENTS
The department, on behalf of the commission, did not receive any comments
regarding the proposed rule during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adopted rule has been reviewed by legal counsel and found
to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The adopted amendment to §141.2 is authorized by Health and Safety
Code, §12.0111, which requires the department to charge fees for issuing
or renewing a license; and Government Code, §531.0055, and Health and
Safety Code, §1001.075, which authorize the Executive Commissioner of
the Health and Human Services Commission to adopt rules and policies necessary
for the operation and provision of health and human services by the department
and for the administration of Health and Safety Code, Chapter 1001.
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 January 6, 2006.
TRD-200600100
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: February 1, 2006
Proposal publication date: October 21, 2005
For further information, please call: (512) 458-7111
Subchapter C. TEXAS ASBESTOS HEALTH PROTECTION
25 TAC §§295.42 - 295.56, 295.61
The Executive Commissioner of the Health and Human Services
Commission (commission), on behalf of the Department of State Health Services
(department), adopts amendments to §§295.42 - 295.56 and 295.61,
concerning asbestos health protection fees without changes to the proposed
text as published in the October 21, 2005, issue of the
Texas Register
(30 TexReg 6923), and the sections will not be republished.
BACKGROUND AND PURPOSE
The Texas Legislature passed the General Appropriations Act, Senate Bill
1, 79th Legislature, Regular Session (2005). Article II, Rider 85, makes a
portion of the appropriation contingent upon collection of fees above the
Comptroller of Public Accounts' Biennial Revenue estimate. To meet these requirements,
cost recovery fees are included in these amendments.
Programs with regulatory authority over asbestos health protection were
evaluated to determine the level of increase in fees based on the following
criteria: the date of the last fee increase for the specific program area;
licensee's ability to pay in comparison to average salary of professionals;
the percentage of revenue above costs for the specific program; the cost of
licenses compared to other similar licenses; and the value added analysis
of the license. Additional costs of administration and enforcement of the
program, due to a recent legislative increase in pay, longevity pay, and travel
reimbursement, were also factored in to determine the direct and indirect
costs of each program.
SECTION-BY-SECTION SUMMARY
Amendments to §§295.42 - 295.56 and 295.61 contain increases
in fees for two-year registration and license terms assessed against an asbestos
abatement worker, asbestos operations and maintenance contractor (restricted),
asbestos operations and maintenance supervisor (restricted), asbestos abatement
contractor, asbestos abatement supervisor, individual asbestos consultant,
asbestos consultant agency, asbestos project manager, asbestos inspector,
asbestos management planner, air monitoring technician, asbestos management
planner agency, asbestos laboratory, asbestos training provider, and asbestos
transporter. Asbestos notification fees were also increased. References to
one-year registration and license fees have been deleted because the program
no longer issues one-year registrations and licenses. Specifically, §295.42(b)
increases the asbestos abatement workers license fee by $5, §295.43(c)
increases the asbestos operations and maintenance contractor (restricted)
license fee by $20, §295.44(b) increases the asbestos operations and
maintenance supervisor (restricted) license fee by $45, §295.45(c) increases
the asbestos abatement contractor license fee by $70, §295.46(b) increases
the asbestos abatement supervisor license fee by $45, §295.47(c) increases
the individual asbestos consultant license fee by $45, §295.48(c) increases
the asbestos consultant agency license fee by $30, §295.49(b) increases
the asbestos project manager license fee by $20, §295.50(b) increases
the asbestos inspector license fee by $10, §295.51(c) increases the asbestos
management planner license fee by $20, §295.52(c) increases the air monitoring
technician license fee by $10, §295.53(d) increases the asbestos management
planner agency license fee by $30, §295.54(b) increases the asbestos
laboratory license fee by $30, §295.55(b) increases the asbestos training
provider license fee by $70, §295.56(b) increases the asbestos transporter
license fee by $30, §295.61(g)(1) increases the administrative fee by
$5; and §295.61(j)(3) increases the basis for notification fees by $5
per asbestos reporting unit and increases the administrative fees by $5. In
addition, §295.61(j)(3) increases the maximum fee by $210 per notification,
except for schools, which have an increase of $20 per notification.
COMMENTS
The department, on behalf of the commission, has reviewed and prepared
responses to the comments received regarding the proposed rules during the
comment period, which the commission has reviewed and accepts. The commenter
was an individual presenting himself as a professional environmental training
provider. The commenter was against the rules in their entirety, but did not
include any recommendations for change as discussed in the summary of comments.
Comment: Concerning the fee increases in the rules, one commenter was concerned
with the added burden to industry and to local employment opportunities due
to the 7% overall fee increase and to the change from a one-year licensing
period to a two-year licensing period.
Response: The commission disagrees with the comment, because the department
has been directed to recover 100% of its regulatory costs, including indirect
costs. The increased fees recover regulatory costs associated with increases
in employee pay, travel reimbursement and recovery of appropriations. No change
was made to the rules as a result of the comment.
Comment: Concerning the fee increases in the rules, one commenter was concerned
with lower attendance levels occurring in mandatory training courses due to
fewer individuals and companies entering the asbestos industry.
Response: The commission disagrees with the comment, because the department
has determined that the number of examinations taken by students attending
training classes and the number of licenses issued to individuals and to companies
has neither significantly decreased nor increased based on the number of licensees
two years ago. No change was made to the rules as a result of this comment.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adopted rules have been reviewed by legal counsel and found
to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The adopted amendments to §§295.42 - 295.56 and 295.61 are authorized
by Health and Safety Code, §1954.056, which requires the department to
adopt a schedule of fees; Health and Safety Code, §12.0111, which requires
the department to charge fees for issuing or renewing a license; and Government
Code, §531.0055, and Health and Safety Code, §1001.075, which authorize
the Executive Commissioner of the Health and Human Services Commission to
adopt rules and policies necessary for the operation and provision of health
and human services by the department and for the administration of Health
and Safety Code, Chapter 1001.
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 January 6, 2006.
TRD-200600101
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: February 1, 2006
Proposal publication date: October 21, 2005
For further information, please call: (512) 458-7111
Subchapter D. FACILITY LICENSURE INFORMATION
Chapter 123.
RESPIRATORY CARE PRACTITIONER CERTIFICATION
Chapter 135.
AMBULATORY SURGICAL CENTERS
Chapter 141.
MASSAGE THERAPISTS
Chapter 295.
OCCUPATIONAL HEALTH
Chapter 448.
STANDARD OF CARE