Part 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 73. LICENSES AND RENEWALS
The Texas Board of Chiropractic Examiners (Board) adopts amendments to §73.3, relating to continuing education, and §73.7, relating to approved continuing education courses. The amendments describe specific continuing education requirements and make additional editorial changes to these rules. The amendments to §73.3 and §73.7 are adopted with changes. The amendments were published in the January 18, 2008, issue of the Texas Register (33 TexReg 469).
Section 73.3, subsection (b)(2), is amended to require that four of the required 16 hours of continuing education shall consist of required courses. A minimum of two hours will consist of an ethics course specific to the practice of chiropractic. A minimum of one hour will consist of recordkeeping, documentation, and coding relevant to the practice of chiropractic in Texas. A minimum of one hour will relate to risk management relating to the Chiropractic Act, the board's rules, and other law relevant to the practice of chiropractic in Texas. Such risk management courses will include identification, investigation, analysis, and evaluation of risks and the selection of the most advantageous method of correcting, reducing, or eliminating, identifiable risks. The existing language of subsection (b)(2) has been divided into new subparagraphs.
The existing language of §73.3(b)(4), relating to locations for continuing education presented by the board, has been deleted and the remaining paragraphs renumbered. Similarly, the related language under §73.7(k) has been deleted. This language is now obsolete.
Adopted (b)(4)(B) clarifies that the letter confirming the illness or disability must be submitted by a doctor of chiropractic, medicine, or osteopathy.
Amendments to §73.7 include amending subsection (g)(2) to include the conjunctive "and" and to amend subsection (g)(3) to include recordkeeping, documentation, and coding and a reference to topics identified by the board as provided under §73.3(b)(2) as part of the list of continuing education topics.
The amendments to §73.7 add to the list of continuing education topics under subsection (g) the following topics: recordkeeping, documentation, and coding; and other public health issues identified by the Board as provided under §73.3(b)(2)(A)(iv). Subsection (k), relating to the board authorization of required courses, is deleted in order to conform to the amendments of §73.3.
In order to better coordinate the implementation of these proposed amendments and to ensure that licensees are informed of these revised continuing education requirements, the Board is proposing that the revised continuing education requirements will not be implemented before July 2009.
The Board received comments in support of the amendments from Palmer Chiropractic College, the University of Bridgeport, and the Texas Chiropractic Association. The Board received a comment on the rule from Texas Chiropractic College.
One comment asked where the specified four hours of continuing education required under §73.3(b)(2) would be available. The Board anticipates that these courses will be offered in multiple locations by multiple vendors and approved under the Board's existing process for approving continuing education courses. No change was made in response to this comment.
One comment asked if the one-hour risk management continuing education topic could be included as one of the six hours that can be fulfilled online. An online, one-hour risk management course is offered by the Board. Other vendors could submit similar courses for approval. The one-hour risk management course will count as part of the six hours of online training that a Texas doctor of chiropractic may take each year. No change was made in response to this comment.
One comment asked whether vendors may offer continuing education in more than one venue. The deletion of the language in the prior §73.3(b)(4) which described specific venues will allow the vendors previously named to offer continuing education whenever and wherever they so choose, subject to the usual approval by the Board. No change was made in response to this comment.
One comment asked whether the Board would make the comments received on the amendments available to the public prior to the Board meeting where these amendments are considered for adoption. The Board received few comments on the proposed amendments, and the limited time between the close of the comment period and the Board meeting prevented the Board from making the comments available to the public prior to the Board meeting. No change was made in response to this comment.
One comment suggested that the requirement in §73.3(b)(2)(A)(i) - (iii) that instructors must be licensed in Texas would limit highly qualified persons from other jurisdictions from teaching the required continuing education. The Board agreed with this comment and revised items (i) - (iii) to delete the reference to "in the State of Texas."
One comment recommended that §73.3(b)(2)(A)(i) - (iii) be clarified to provide that instructors must have an active license. The Board agreed with this comment and revised items (i) - (iii) to note that "an instructor for this continuing education must have a doctorate degree and must either have an active license to practice chiropractic or law."
These amendments are adopted under Texas Occupations Code §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic and §201.356 relating to continuing education which requires the Board to adopt rules concerning continuing education and allows the Board to require licensees to attend continuing education classes specified by the Board.
§73.3.Continuing Education.
(a) Condition of Renewal. A licensee is required to attend continuing education courses as a condition of renewal of a license.
(b) Requirements.
(1) Every licensee shall attend and complete 16 hours of continuing education each year unless a licensee is exempted under subsection (d) of this section. Each licensee's reporting year shall begin on the first day of the month in which his or her birthday occurs.
(2) The 16 hours of continuing education may be completed at any course or seminar elected by the licensee, which has been approved under §73.7 of this title (relating to Approved Continuing Education Courses).
(A) A licensee must attend any course designated as a "TBCE Required Course," and the course may be counted as part of the 16 hour requirement. Effective with all doctor of chiropractic licenses renewed on or after July 1, 2009, a minimum of four of the 16 required hours of continuing education shall include topics designated by the board.
(i) A minimum of two hours of the total required continuing education shall consist of an ethics course specifically related to the practice of chiropractic. In addition to the requirements in §73.7, an instructor for this continuing education must have a doctorate degree and must either have an active license to practice chiropractic or law or be part of the full-time faculty of a chiropractic college accredited by the Council of Chiropractic Education. This continuing education may not be taken online except as provided under paragraph (4) of this subsection.
(ii) A minimum of one hour of the total required continuing education shall relate to risk management relating to the Chiropractic Act, the board's rules, and other laws relevant to the practice of chiropractic in Texas. For the purpose of this rule, risk management refers to the identification, investigation, analysis, and evaluation of risks and the selection of the most advantageous method of correcting, reducing, or eliminating, identifiable risks. In addition to the requirements in §73.7 of this title, a risk management instructor shall have a doctorate degree and must either have an active license to practice chiropractic or law or be part of the full-time faculty of a chiropractic college accredited by the Council of Chiropractic Education. This continuing education may be taken online through a course offered by the board.
(iii) A minimum of one hour of the total required continuing education shall consist of recordkeeping, documentation, and coding relevant to the practice of chiropractic in Texas. In addition to the requirements in §73.7 of this title, a risk management instructor shall have a doctorate degree and must either have an active license to practice chiropractic or law or be part of the full-time faculty of a chiropractic college accredited by the Council of Chiropractic Education. This continuing education may not be taken online except as provided under paragraph (4) of this subsection.
(iv) In addition, from time to time, the board may issue public memoranda regarding urgent or significant public health issues that licensees need to be aware of. The board will publish such memoranda on the board's web site and distribute the memoranda to the major continuing education providers.
(B) A licensee who serves as an examiner for the National Board of Chiropractic Examiners' Part IV Examination may receive credit for this activity, not to exceed eight (8) hours each year.
(C) No more than six hours or credit may be obtained through online courses.
(3) A list of approved courses, including TBCE Required Courses, is available on the board's website, www.tbce.state.tx.us, as provided in §73.7(f) of this title. The board will also provide notice of a TBCE Course in its newsletter.
(4) A licensee who is unable to travel for the purpose of attending a continuing education course or seminar due to a mental or physical illness or disability may satisfy the board's continuing education requirements by completing 16 hours of approved continuing education courses online. Video courses will no longer qualify for credit.
(A) If the licensee is unable to take an online course, the licensee must submit a request for special accommodations to complete their continuing education requirements.
(B) In order for an online course to be accepted by the board, a licensee must submit a letter from a licensed doctor of chiropractic, medicine, or osteopathy who is not associated with the licensee in any manner. In the letter, the doctor must state the nature of the illness or disability and certify that the licensee was ill or disabled, and unable to travel for the purpose of obtaining continuing education hours due to the illness or disability.
(C) A licensee is required to submit a new certificate for each year an exemption is sought. An untrue certification submitted to the board shall subject the licensee to disciplinary action as authorized by the Chiropractic Act, Occupations Code §201.501 and §201.502.
(D) The six hour limit provided in subsection (b)(2) of this section for online courses does not apply to a licensee who submits a certification under this subsection.
(c) Verification.
(1) At the request of the Board, a licensee shall submit, to the board, written verification from each sponsor, of the licensee's attendance at and completion of each continuing education course which is used in the fulfillment of the required hours for all years requested.
(2) A licensee submitting hours as a National Boards examiner must submit written verification of the licensee's participation from the National Boards, on National Boards letterhead. The verification must include the licensee's name, board license number, and the date, time, and place of each examination attended by the licensee as an examiner.
(3) Failure to submit verification as required by paragraph (1) of this subsection shall be considered the same as failing to meet the continuing education requirements of subsection (b) of this section.
(d) Qualifying exemption. The following persons are exempt from the requirements of subsection (b) of this section:
(1) a licensee who holds an inactive Texas license. However, if at any time during the reporting year for which such exemption applies such person desires to practice chiropractic, such person shall not be entitled to practice chiropractic in Texas until all required hours of continuing education credits are obtained and the executive director has been notified of completion of such continuing education requirements;
(2) a licensee who served in the regular armed forces of the United States during part of the 12 months immediately preceding the annual license renewal date;
(3) a licensee who submits proof satisfactory to the board that the licensee suffered a mental or physical illness or disability which prevented the licensee from complying with the requirements of this section during the 12 months immediately preceding the annual license renewal date; or
(4) a licensee who is first licensed within the 12 months immediately preceding the annual renewal date.
§73.7.Approved Continuing Education Courses.
(a) Approved sponsors. The board will approve courses sponsored only by a chiropractic college fully credited through the Council on Chiropractic Education or a statewide, national or international professional association, upon application to the board on a form prescribed by the board. Application forms are available from the board.
(b) Application. A separate application must be submitted for each course and must include the course title, subject and description, the number of credit hours, the date, time and location of the course, and the names and backgrounds of speakers or instructors, the method of instruction, the name, address and telephone number of the course coordinator, and the signature of an authorized representative of the sponsor. Each continuing education course shall be approved for one calendar year only. The number of hours of credit to be earned at a course may not be changed after an application has been submitted to the board.
(c) Application deadline and fee. A sponsor may submit an application no later than 60 days prior to the date of the course, along with a nonrefundable application fee of $25 for each course. For the purpose of this subsection, where the same course is held in multiple cities or towns, with different speakers, each location is considered a separate course. If a continuing education program consists of separate sessions or modules, on different topics and on different dates, each session or module is considered a separate course.
(d) A sponsor shall certify on the application that:
(1) all course offered by the sponsor for which board approval is requested will comply with the criteria in this section; and
(2) the sponsor will be responsible for verifying attendance at each course and will provide a certificate of attendance as set forth in subsection (i) of this section.
(e) Rejection. The board will notify, in writing, a sponsor of any rejection.
(f) Approved list of courses. The board will maintain a list of approved courses on their website at www.tbce.state.tx.us for compliance with §73.3 of this title (relating to Continuing Education).
(g) Criteria for continuing education courses. In order for the board to approve a course, the course must:
(1) be presented by one or more speakers or instructors who demonstrate, through a vitae or resume, knowledge, training and expertise in the topic to be covered;
(2) have significant educational or practical content to maintain appropriate levels of competency; and
(3) be on a topic from one or more of the following categories:
(A) general or spinal anatomy;
(B) neuro-muscular-skeletal diagnosis;
(C) radiology or radiographic interpretation;
(D) pathology;
(E) public health;
(F) chiropractic adjusting techniques;
(G) chiropractic philosophy;
(H) risk management;
(I) physiology;
(J) microbiology;
(K) hygiene and sanitation;
(L) biochemistry;
(M) neurology;
(N) orthopedics;
(O) jurisprudence;
(P) nutrition;
(Q) adjunctive or supportive therapy;
(R) boundary (sexual) issues;
(S) insurance reporting procedures;
(T) chiropractic research;
(U) HIV prevention and education;
(V) acupuncture;
(W) ethics;
(X) recordkeeping, documentation, and coding; or
(Y) other public health issues identified by the board as provided under §73.3(b)(2)(A)(iv) of this title.
(h) The board will not approve any course on practice management or accept credit for such course in satisfaction of the board's continuing education requirement for licensees.
(i) Sponsor responsibilities. A sponsor of an approved course shall:
(1) notify the board in writing prior to any change in course location, date, or cancellation;
(2) provide a roster of participants who attend the course which contains, at a minimum, each participant's name and current license number if a chiropractor, course number, and number of hours earned by each participant. This roster shall be submitted to the Board no later than 30 days after course completion;
(3) provide each participant in a course with a certificate of attendance. The certificate shall contain the name of the sponsor, the name of the participant, the title of the course, the date and place of the course, the amount and type of credit earned, the course number and the signature of the sponsor's authorized representative;
(4) assure that no licensee receives continuing education credit for time not actually spent attending the course. If any participant's absence exceeds ten minutes during any one hour period, credit for that hour shall be forfeited and noted in the sponsor's attendance roster that is submitted to the Board. Furthermore, the sponsor is responsible for seeing that each person in attendance is in place at the start of each course period;
(5) provide the activity rosters and any other additional information about a course to the board upon request;
(6) shall use the course title listed on the sponsor's application, and approved by the board, to advertise the course; and
(7) retain for a period of three years, for each approved course, documentation of compliance with this section, including:
(A) the curriculum presented;
(B) the names and vitae for each speaker;
(C) the attendance roles; and
(D) credit hours earned.
(j) The board may evaluate an approved sponsor or course at any time to ensure compliance with the requirement of this section. Upon the failure of a sponsor or course to comply with the requirements of this section, the board, at its discretion, may revoke the sponsor or the course's approved status.
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 March 19, 2008.
TRD-200801519
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: April 8, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 305-6901
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §75.7 (Required Fees and Charges) to adopt two new fees: a new $750 fee for an application for the recognition of a chiropractic specialty and an annual $8 fee for a newsletter to be sent to licensees. The proposed amendment was published in the January 18, 2008, issue of the Texas Register (33 TexReg 472). The rule is adopted without changes and will not be republished. The Board also adopts an update to the graphic contained in §75.7(a), which lists agency fees, with the only fee changes being the addition of the two new fees referenced above.
The new fees are adopted to cover the costs associated with reviewing applications for the recognition of chiropractic specialties as recently adopted in §71.13 and to cover the costs associated with producing and mailing a newsletter to be sent primarily to licensees of the Board. No comments were received by the Board on the proposed fees.
These amendments are adopted under Texas Occupations Code §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic and §201.153 relating to the Board's authority to set fees in amounts reasonable and necessary to cover the costs of administering the Chiropractic Act.
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 March 19, 2008.
TRD-200801521
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: April 8, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 305-6901
Chapter 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §153.24, regarding Processing a Complaint, with changes to the proposed text as published in the January 18, 2008, issue of the Texas Register (33 TexReg 474).
The changes to the adopted text that were not in the proposed text consist of two references in §153.24(i) to a fourteen-day deadline for respondents to submit a written response to a complaint; these deadlines were increased to twenty days. This change keeps the amendments consistent with current TALCB practice of allowing twenty days to submit a written response. The revisions to the rules as adopted do not change the nature or scope so much that they could be deemed different rules. The rules as adopted do not affect individuals other than those contemplated by the rules as proposed. The rules as adopted do not impose more onerous requirements than the proposed versions and do not materially alter the issues raised in the proposed rules. Changes in the adopted rules reflect nonsubstantive variations from the proposed rules to improve consistency with current agency practices and to facilitate compliance.
Section 153.24 as adopted establishes procedures for the receipt and tracking of complaints; provides procedures for reviewing and investigating complaints; requires respondents to submit written responses to complaints and to comply with other investigative measures; outlines procedures for reviewing the results of an investigation; and sets forth possible outcomes and penalty ranges based on the circumstances of each complaint case.
The board received no comments during the notice and comment period regarding adoption of the amendment.
The reasoned justification for the amendments is that both consumers and respondents will have a clearly articulated and well defined outline of the processes that occur upon the filing of a complaint with this agency, as well as the disciplinary consequences associated with different types of violations. The amendments will also increase consistency in complaint processing procedures.
The amendments are adopted under Texas Occupations Code §1103.151, Rules Relating to Certification and Licenses, and §1103.154, Rules Relating to Professional Conduct, which authorize the TALCB to adopt rules to facilitate the board's complaint processes and ensure compliance with the provisions of the Texas Appraiser Licensing and Certification Act.
§153.24.Processing a Complaint.
(a) Upon receipt of a complaint the Board's staff shall assign the complaint a complaint number.
(b) The Board's staff shall review the complaint including supporting documentation. If the complaint does not contain sufficient information to determine whether the Board has jurisdiction or is considered to be outside the Board's authority, the Board's staff may interview the complainant to develop additional information.
(c) If the Board's staff concludes, after completion of the written investigative report provided for in Tex. Occ. Code §1103.455, that the complaint is outside the jurisdiction of the board or is without merit, the Board's staff may recommend to the commissioner that the investigation be closed and that the complaint be dismissed. If the commissioner concurs with the recommendation, the complainant will be so notified and the investigation will be closed. The Board's staff shall write a dismissal explanation for the dismissed complaint and close the file.
(d) If the Board's staff determines that a possible violation exists, the Board's staff shall proceed with the investigation.
(e) Pursuant to TEX. OCC. CODE §1103.101(b) the Commissioner is delegated those responsibilities with respect to the enforcement processes of the Board set forth in this chapter.
(f) A complaint must be in writing and must be signed by the complainant. The staff may initiate a complaint.
(g) Upon receipt of a complaint, the staff will:
(1) Send written acknowledgement of receipt to the complainant;
(2) Assign the complaint a case number and enter it onto a complaint tracking system which shall provide all necessary documentation to assure tracking of the handling and disposition of the complaint and the reporting of accurate and verifiable performance measures results;
(3) Make a preliminary determination whether the complaint is within the Board's jurisdiction and, if it is not, initiate the necessary correspondence to advise the complainant and dismiss the case for lack of jurisdiction; if there is jurisdiction the staff will continue as follows:
(A) Review the case and, as deemed necessary and appropriate, recommend to the Commissioner that the matter be investigated covertly. If it is not lawful and appropriate to conduct a covert investigation, the staff will continue as follows;
(B) If the complaint involves appraisal activity, transmit a letter to the person who is the subject of the complaint, referred to herein as the "respondent," requiring a response meeting the below-listed criteria:
(i) The respondent shall, within twenty (20) calendar days, send a signed letter transmitting a narrative response to the complaint, addressing each and every element thereof and including numbered references to support in the respondent's work file which is to be marked with corresponding tabs. The twenty (20) day period may be extended for good cause. Any request for extension must be in writing. Email is acceptable. The letter transmitting the response must contain the following statement: EXCEPT AS SPECIFICALLY SET FORTH HEREIN THE COPY OF EACH AND EVERY APPRAISAL WORK FILE ACCOMPANYING THIS RESPONSE IS A TRUE AND CORRECT COPY OF THE ACTUAL WORK FILE, AND NOTHING HAS BEEN ADDED TO OR REMOVED FROM THIS WORK FILE OR ALTERED AFTER PLACEMENT IN THE WORK FILE. (LIST ANY EXCEPTIONS AND IDENTIFY THEM IN THE WORK FILE AS EXCEPTIONS, USING CORRESPONDING TABS.)
(ii) The response may also address other matters not raised in the complaint that the respondent believes likely to be raised by the staff and may be supported by documentation contained in the work file, appropriately identified and tabbed.
(iii) Any supporting documentation that is provided that was not in the work file must be conspicuously labeled as such and kept separate from the work file.
(iv) The response must provide a list of any and all persons known to the respondent to have actual knowledge of any of the matters made the subject of the complaint and, if in the respondent's possession, contact information.
(4) Staff shall review the response, including all supporting materials provided and, no later than 60 days after receipt, contact the respondent to discuss the matter. In this discussion, which may be in person or by telephone, the assigned staff person conducting the investigation will advise the respondent as to:
(A) Their preliminary views, based on a review of the complaint, the response, and all supporting documentation provided, as to the merits of the complaint;
(B) Their preliminary views as to any other violations of the Act, the Rules, or USPAP identified in this review process; and
(C) Unless they believe that additional investigative work is warranted, what they would view as an appropriate resolution.
(5) Following this conversation, if the respondent believes that a face-to-face meeting to discuss the matter further would facilitate resolution, the staff person may agree to such a meeting.
(6) Any general agreement in principle as to resolution may be reduced to a proposed form of consent order or consent agreement and, if the staff attorney and the Commissioner concur, may be presented to the Board for approval, denial, or a request for changes and re-presentation.
(7) If agreement as to resolution cannot be reached, the staff shall proceed with any necessary investigation and the preparation and prosecution of a contested case before the State Office of Administrative Hearings subject to TEX. GOV'T. CODE, Chapter 2001 and TEX. OCC. CODE, Chapter 1103.
(h) In determining the proper disposition of a complaint, staff shall follow the following guidelines:
(1) In addition to the recommended actions provided for above, staff may recommend any or all of the following:
(A) Reducing or increasing the recommended penalty based on documented factors that support the deviation;
(B) Probating all or a portion of a sanction or administrative penalty for a period not to exceed five (5) years;
(C) Requiring additional reporting requirements; and/or
(D) Such other recommendations, with documented support, as will achieve the purposes of the Act, the Rules, and/or USPAP.
(2) Any and all administrative sanctions provided for above are in addition to an agreement or order to comply fully with applicable laws, rules, and regulations.
(3) If after a review of the file and completion of any investigation deemed necessary, the staff concludes that no regulatory purposes would be served by further action, it shall recommend to the Board that the complaint be dismissed without further action.
(i) Whenever staff becomes aware of facts or circumstances that indicate a reasonable likelihood that mortgage fraud may have been committed with the involvement or participation of a licensee, staff will coordinate the handling of that matter in accordance with applicable laws and rules, including the rules of the Mortgage Fraud Task Force under the auspices of the Office of the Attorney General, and make any appropriate referrals and/or reports to prosecutorial authorities or other oversight authorities.
(j) All final orders must be approved by the Board.
(k) The reviews and investigations provided for in these rules are of a regulatory nature and do not constitute engaging in appraisal activity subject to USPAP. With the Commissioner's or the Board's prior approval, staff may perform or engage others to perform appraisal activity for the Board as needed to carry out an effective regulatory oversight and enforcement program.
(l) A Peer Investigative Committee that has been appointed in accordance with TEX. OCC. CODE §1103.453 and it shall receive such compiled complaint files as the Chair may refer to them, review them, and make a report to staff as to:
(1) The general facts presented;
(2) Whether the allegations in the complaint are believed to be true or false and, if believed true, provide a statement as to which documents in the complaint file support that view;
(3) Whether the review indicated any other violations of USPAP that should be added to the complaint and, if so, a statement as to which documents in the complaint file support that view; and
(4) If it is believed that additional investigative work needs to be done, a statement as to what additional investigation is believed to be warranted.
(m) The foregoing processes are deemed to be a regulatory review and are not deemed to be appraisal activity. Staff may rely on the report as setting forth the findings of fact necessary to support any appropriate conclusions of law and determination as to an appropriate regulatory resolution.
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 March 17, 2008.
TRD-200801481
Devon Bijansky
Assistant General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: April 6, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 465-3900
Chapter 203. LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
The Texas Funeral Service Commission (commission) adopts an amendment to Title 22, §203.26, concerning Funeral Directors and Embalmers License Requirements and Procedure.
The amendment is adopted without changes to the proposed text as published in the January 4, 2008, issue of the Texas Register (33 TexReg 50) and will not be republished.
The amendment ensures all applicants submit to an FBI criminal background check.
The commission received no comments.
The amendment is adopted under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as 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 March 19, 2008.
TRD-200801509
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: April 8, 2008
Proposal publication date: January 4, 2008
For further information, please call: (512) 936-2466
The Texas Funeral Service Commission (commission) adopts an amendment to Title 22, §203.38, relating to reinstatement of funeral director and/or embalmer licenses.
The amendment is adopted without change to the proposed text as published in the January 4, 2008, issue of the Texas Register (33 TexReg 51) and will not be republished.
The amendment revises the license descriptions that have been cancelled or revoked.
The commission received no comments.
The amendment is adopted under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as 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 March 19, 2008.
TRD-200801510
O. C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: April 8, 2008
Proposal publication date: January 4, 2008
For further information, please call: (512) 936-2466
The Texas Funeral Service Commission (commission) adopts a new rule to Title 22, Texas Administrative Code, Chapter 203, §203.40.
The new rule is adopted without change to the proposed text as published in the January 4, 2008, issue of the Texas Register (33 TexReg 52) and will not be republished.
The new rule allows persons whose provisional license has been cancelled for failure to comply due to a personal situation to petition the commission for reinstatement.
The commission received no comments.
The new rule is adopted under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as 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 March 19, 2008.
TRD-200801511
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: April 8, 2008
Proposal publication date: January 4, 2008
For further information, please call: (512) 936-2466
The Texas Board of Nursing adopts an amendment to 22 Texas Administrative Code §223.1 (Fees) without changes to the proposed text. The proposed rule amendment was initally published in the February 15, 2008, issue of the Texas Register (33 TexReg 1232). Effective October 1, 2007, the fee for an FBI fingerprint-based criminal history record information, a/k/a criminal background check, was temporarily reduced from $24 to $19.25. (The Texas Department of Public Safety's fee is still $15.) This fee is for an interim period and subject to change. Due to the variable nature of the fee imposed by the FBI and the Texas Department of Public Safety (DPS), the Board grants discretion to the Staff to adjust the fee, as needed, to reflect the actual fee being imposed by the FBI and the DPS instead of coming to the Board each time the fee is changed and requesting the authority to adjust the fee and amend the rule.
No comments were received in response to the proposed amendment.
The amendments is adopted pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorize the Texas Board of Nursing to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.
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 March 19, 2008.
TRD-200801522
Katherine Thomas
Executive Director
Texas Board of Nursing
Effective date: April 8, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 305-6823