Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Subchapter A. SCOPE; DEFINITIONS
The Texas Board of Architectural Examiners proposes an amendment to §1.12 of Chapter 1, Subchapter A, pertaining to the Joint Advisory Committee of the Texas Board of Architectural Examiners and the Texas Board of Professional Engineers. The proposed amendment would extend the Joint Committee from its scheduled expiration date of September 1, 2007, to September 1, 2011. If adopted, the Joint Committee may continue working on issues arising from the overlap of the jurisdiction of the agencies.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended rule is in effect, there will be a cost to the agency of $5,800 per year assuming the committee meets four times per year. There will be no cost to local governments.
Ms. Hendricks has also determined that for the first five-year period the amended rule is in effect the public benefits expected as a result of the amended rule are as follows: the Joint Committee will continue to discuss issues regarding the overlap of architecture and engineering as well as the overlap of landscape architecture and engineering. The committee might provide valuable guidance on the requirements for, and the role of, each design professional in the design of projects. The public will benefit from superior designs resulting from the collaboration and coordination of the design professionals. The amended rule will have no impact on small business.
There will be no change in the cost to persons required to comply with the amended section. The rule continues the operations of an advisory committee and imposes no required compliance upon anyone.
Comments may be submitted to Cathy L. Hendricks, RID/ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
The amendment is proposed pursuant to §2110.008(a), Texas Government Code, which allows a state agency to amend its rules to allow an advisory committee to continue in existence after its scheduled abolishment date.
The proposed amendment affects §1051.212 and §1001.216, Texas Occupations Code, which provides for the creation and function of the Joint Advisory Committee.
§1.12.Joint Advisory Committee of the Texas Board of Architectural Examiners and the Texas Board of Professional Engineers.
(a) - (g) (No change.)
(h) The joint advisory committee is abolished on September 1, 2011.
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 July 5, 2007.
TRD-200702850
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 305-8544
Chapter 108. PROFESSIONAL CONDUCT
Subchapter E. BUSINESS PROMOTION
The Texas State Board of Dental Examiners (Board) proposes the amendment of §108.60, false, misleading or deceptive referral schemes. The amendment is proposed to update the language from dental hygiene certificate holder to dental hygiene licensee.
Sherri Sanders Meek, Interim Executive Director of the 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.
Ms. Meek has also determined that for each year of the first five year period the section is in effect that the administration and enforcement of the proposed section is expected to benefit the public by enhancing the ability of dental hygienists to support dentists in providing patient care.
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 Sherri Sanders Meek, Interim Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. 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 amended section is published in the Texas Register.
The section is proposed under Texas Government Code §§2001.021 et seq., and Texas 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.
§108.60.False, Misleading or Deceptive Referral Schemes.
(a) This rule prohibits conduct which violates Sections
102.001 through 102.011, and Section 259.008 (8), of the Occupations
Code. A dental
or dental hygiene
licensee [
or dental hygiene certificate holder
] shall not offer give, dispense,
distribute or make available to any third party, or aid or abet another
so to do, any cash, gift, premium, chance, reward, ticket, item, or
thing of value for securing or soliciting patients.
(b) - (c) (No change.)
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 July 3, 2007.
TRD-200702823
Sherri Sanders Meek
Interim Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 475-0972
The Texas State Board of Dental Examiners (Board) proposes the amendment of §115.1, concerning the definitions of "General Supervision" and "Direct Supervision". The amendment is proposed to clarify the definition of general supervision to say that a dentist may or may not be present on the premises when a dental hygienist performs an allowed procedure under general supervision. The amendment also includes the definition of direct supervision for greater clarification, as the two terms and definitions will appear together.
Sherri Sanders Meek, Interim Executive Director of the 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.
Ms. Meek has also determined that for each year of the first five years the section is in effect the administration and enforcement of the proposed section is expected to benefit the public by enhancing the ability of dental hygienists to support dentists in providing patient care.
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 Sherri Sanders Meek, Interim Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. 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 amended section is published in the Texas Register.
The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas 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.
§115.1.Definitions.
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (5) (No change.)
(6) General Supervision--In this section, "general supervision" means supervision of a dental hygienist by a supervising dentist, where the dentist may or may not be present on the premises when the dental hygienist performs the dental hygiene procedures.
(7) Direct Supervision--In this section, "direct supervision" means that the supervising dentist responsible for the procedure shall be present on the premises during patient care and shall be aware of the patient's physical status and well being.
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 July 3, 2007.
TRD-200702822
Sherri Sanders Meek
Interim Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 475-0972
The Texas State Board of Dental Examiners (Board) proposes the amendment of §115.4, concerning the placement of site specific subgingival medicaments. The amendment is proposed to change the standard from direct supervision to general supervision for a dentist who supervises a dental hygienist placing site specific subgingival medicaments. The amendment also updates the code reference and re-orders paragraphs (1) and (2) for better clarity.
Sherri Sanders Meek, Interim Executive Director of the 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.
Ms. Meek has also determined that for each year of the first five year period the section is in effect, the administration and enforcement of the proposed section is expected to benefit the public by enhancing the ability of dental hygienists to support dentists in providing patient care.
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 Sherri Sanders Meek, Interim Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. 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 amended section is published in the Texas Register.
The section is proposed under Texas Government Code §§2001.021 et seq., and Texas 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.
§115.4.Placement of Site Specific Subgingival Medicaments.
Pursuant to
§262.002(a)(6)
[
Article 4551e, §1(d)
], the placement and removal of site specific subgingival medicaments
may be delegated to a Texas licensed dental hygienist under the
general
[
direct
] supervision of, and in the office of, a
Texas licensed dentist, only after scaling and root planing.
(1)
The responsibility for diagnosis, treatment
planning, the prescription of therapeutic measures, and re-evaluation,
shall remain with a Texas licensed dentist and may not be delegated
to any dental hygienist or dental assistant.
[
Site specific
subgingival medicaments are considered to be of "topical" nature and
are agents approved for use by the Food and Drug Administration (FDA).
]
(2)
Site specific subgingival medicaments are
considered to be of "topical" nature and are agents approved for use
by the Food and Drug Administration (FDA).
[
The responsibility
for diagnosis, treatment planning, the prescription of therapeutic
measures, and re-evaluation, shall remain with a Texas licensed dentist
and may not be delegated to any dental hygienist or dental assistant.
]
(3) - (4) (No change.)
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 July 3, 2007.
TRD-200702821
Sherri Sanders Meek
Interim Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 475-0972
Chapter 190. DISCIPLINARY GUIDELINES
Subchapter B. VIOLATION GUIDELINES
The Texas Medical Board proposes an amendment to §190.8, concerning Violation Guidelines.
The amendment to §190.8 sets forth standard procedures necessary to make a reasoned medical decision in the assessment and/or determination of the medical necessity of treatment for another individual, entity, or organization.
Robert D. Simpson, General Counsel, Texas Medical Board, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications to state or local government as a result of enforcing the section as proposed. There will be no effect to individuals required to comply with the section as proposed.
Mr. Simpson also has determined that for each year of the first five years the amendment as proposed is in effect the public benefit anticipated as a result of enforcing the section will be providing that medical necessity decisions will be made after proper consideration of relevant medical records and a reasoned justification. There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
No other statutes, articles, or codes are affected by the proposed amendment.
§190.8.Violation Guidelines.
When substantiated by credible evidence, the following acts, practices, and conduct are considered to be violations of the Act. The following shall not be considered an exhaustive or exclusive listing.
(1) Practice Inconsistent with Public Health and Welfare. Failure to practice in an acceptable professional manner consistent with public health and welfare within the meaning of the Act includes, but is not limited to:
(A) - (N) (No change.)
(O) Failure to follow standard procedures necessary to make a reasoned medical decision in the assessment and/or determination of the medical necessity of treatment for another individual, entity, or organization, including:
(i) reviewing relevant information that is reasonably available, subject to legally-imposed time limits;
(ii) communicating with the treating physician as reasonably necessary to clarify information;
(iii) consulting with another physician with appropriate expertise, if the case includes issues that are outside the expertise of the physician reviewer; and
(iv) documenting a reasoned medical analysis.
(2) - (6) (No change.)
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 July 6, 2007.
TRD-200702860
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: August 19, 2007
For further information, please call: (512) 305-7016