TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 104. CONTINUING EDUCATION

22 TAC §104.1

The Texas State Board of Dental Examiners (Board) adopts amendments to §104.1, concerning Continuing Education Requirements. The amendment is adopted without changes to the proposed text as published in the January 18, 2008, issue of the Texas Register (33 TexReg 472) and will not be republished.

The amendment allows active Board members who serve as Examiners for the Western Regional Examining Board (WREB) to earn up to six hours of continuing education credit per year from WREB's calibration and standardization exercise. Additionally, the rule allows licensees who reside outside the United States to complete their continuing education requirements through self-study, allows licensees to count some risk-management continuing education towards their annual hours required for licensure, allows licensees to count up to six hours of self-study towards their annual hours, and prohibits licensees from counting finance coursework towards the annual hours required for licensure. Some paragraphs were re-ordered for clarification and ease of reference.

The Board received one letter in support of the amendment from the Texas Dental Hygienists' Association (TDHA). TDHA also requested that the board consider accepting up to 3 hours of continuing education in the areas of cultural competence and/or information technology. The TSBDE appreciates the comments of the TDHA. No changes were made to the text based upon the comments received.

These amendments are adopted under Texas Government Code, §§2001.021, et seq., Texas Civil Statutes; and the Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

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 July 18, 2008.

TRD-200803660

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Effective date: August 7, 2008

Proposal publication date: January 18, 2008

For further information, please call: (512) 475-0972


PART 9. TEXAS MEDICAL BOARD

CHAPTER 161. GENERAL PROVISIONS

22 TAC §161.6, §161.8

The Texas Medical Board (Board) adopts amendments to §161.6, relating to Committees of the Board, and §161.8, relating to Deputy Executive Director, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3707) and will not be republished.

The amendments to §161.6 update the duties of the Licensure Committee and amendments to §161.8 update the name of the Deputy Executive Director to Chief of Staff.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 161, General Provisions.

Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008. The comments were incorporated into the published proposed rules.

The Board received no public written comments and no one appeared to testify at the public hearing held on June 27, 2008.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803682

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


CHAPTER 163. LICENSURE

22 TAC §§163.4 - 163.6, 163.10, 163.11

The Texas Medical Board (Board) adopts amendments to §163.4, relating to Procedural Rules for Licensure Applicants, §163.5, relating to Licensure Documentation, §163.6, relating to Examinations Accepted for Licensure, §163.10, relating to Relicensure and §163.11, relating to Active Practice of Medicine, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3708) and will not be republished.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 163, Licensure.

Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008. The comments were incorporated into the published proposed rules.

The Board received comments regarding the rule review and the proposed rules from two individuals.

COMMENT NO. 1. The two commenters commented that §163.6 should be amended to provide greater opportunity for applicants who have failed a licensure examination more than three times to become licensed by taking other factors into consideration.

Response to Comment No.1. The Board disagrees with these comments. The proposed change to the rule conforms the rule to statutory changes made by the Legislature in 2007. The Board should not expand on these statutory provisions at this time. For these reasons, the Board does not believe that any changes should be made to the rule as published. The Board has adopted amendments to §163.6, as published, without changes.

The Board has determined that the authority of the Executive Director to determine applicants ineligible should be limited to specific statutory or rule provisions; the rule should be clarified to specify that an applicant must submit documentation regarding inpatient treatment and language regarding alcohol/substance disorder and physical illness that did or could have impaired an applicant's ability to practice; the rule should be updated to conform to statutory requirements adopted by the Legislature in 2007; the rule should be updated to reflect changes to other rules requiring that the jurisprudence examination be taken only once; the reference to "passage of SPEX examination" should be deleted as a stated remedy for applicants who cannot demonstrate that they have been in the active practice of medicine; the SPEX Examination would still be available as a remedy, but only if approved in advance by the Board.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803683

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


CHAPTER 166. PHYSICIAN REGISTRATION

22 TAC §§166.1, 166.2, 166.5, 166.6

The Texas Medical Board (Board) adopts amendments to §166.1, relating to Physician Registration, §166.2, relating to Continuing Medical Education, §166.5, relating to Relicensure, and §166.6, relating to Exemption From Registration Fee for Retired Physician Providing Voluntary Charity Care, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3710) and will not be republished.

The amendments update the rules to conform with biennial registration, updates references to Chapter 190 of the Board's Rules, and clarifies that relicensure is required in the case of either relinquishment or voluntary surrender of a license.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 166, Physician Registration.

Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008. The comments were incorporated into the published proposed rules.

The Board received no public written comments and no one appeared to testify at the public hearing held on June 27, 2008.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803684

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


CHAPTER 169. AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS

22 TAC §169.2

The Texas Medical Board (Board) adopts amendments to §169.2, concerning Definitions, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3711) and will not be republished.

The amendments update name of Texas Medical Board.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 169, Authority of Physicians to Supply Drugs.

Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008. The comments were incorporated into the published proposed rules.

The Board received no public written comments and no one appeared to testify at the public hearing held on June 27, 2008.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803685

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


CHAPTER 171. POSTGRADUATE TRAINING PERMITS

The Texas Medical Board (Board) adopts amendments to §171.3, relating to Physician-in-Training Permits, §171.4, relating to Board-Approved Fellowships, and §171.6, relating to Duties of Program Directors to Report, and the repeal and revision of §171.5, relating to Institutional Permits, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3712) and will not be republished.

The Board has determined that the name of the agency should be updated; the period for updating PIT Permits should be extended; and the Executive Director should be authorized to approve applications, refer to committee, and determine ineligibility in limited circumstances; the provision regarding fellowships approved before September 1, 2006 is obsolete and should be deleted; the provision regarding institutional permits, which have been replaced by Physician-in-Training Permits, is obsolete and should be deleted and replaced by a new provision regarding the durite of PIT Holders to report; and there is a need to extend from 7 to 30 days the period during which program directors are required to repot certain matters to the Board.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 171, Postgraduate Training Permits.

Prior to publishing the proposed rules, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008. The comments were incorporated into the published proposed rules.

The Board received no public written comments and no one appeared to testify at the public hearing held on June 27, 2008.

22 TAC §§171.3 - 171.6

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803686

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


22 TAC §171.5

The repeal is adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §153.006, which provide 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.

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 July 21, 2008.

TRD-200803687

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


CHAPTER 172. TEMPORARY AND LIMITED LICENSES

The Texas Medical Board (Board) adopts amendments to §172.1, relating to Purpose, §172.2, relating to Construction and Definitions, §172.3, relating to Distinguished Professors Temporary License, §172.6, relating to Visiting Professor Temporary License, §172.8, relating to Faculty Temporary License, and §172.13, relating to Conceded Eminence, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3714) and will not be republished.

The Board has determined that the citation to the Medical Practice Act should be added for clarity; the rule should be conformed with other rules regarding the authority of the Executive Director to issue a temporary license, refer to committee, or determine ineligibility in limited circumstances; the rule is more flexible if medical schools are referred to as accredited by certain organizations rather that listing the schools; the rule is more flexible if medical schools are referred to as accredited by certain organizations rather that listing the schools; the rule is more flexible if medical schools are referred to as accredited by certain organizations rather that listing the schools; and the rule should be clarified to state that a medical school must be accredited by certain organizations.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 172, Temporary and Limited Licenses.

Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008. The comments were incorporated into the published proposed rules.

The Board received no public written comments and no one appeared to testify at the public hearing held on June 27, 2008.

SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS

22 TAC §172.1, §172.2

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803688

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


SUBCHAPTER B. TEMPORARY LICENSES

22 TAC §§172.3, 172.6, 172.8

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803689

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


SUBCHAPTER C. LIMITED LICENSES

22 TAC §172.13

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803690

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


CHAPTER 184. SURGICAL ASSISTANTS

22 TAC §§184.1, 184.2, 184.4 - 184.6, 184.8, 184.9, 184.18 - 184.20, 184.26

The Texas Medical Board (Board) adopts amendments to §184.1, Purpose, §184.2, Definitions, §184.4, Qualifications for Licensure, §184.5, Procedural Rules for Licensure Applicants, §184.6, Licensure Documentation, §184.8, License Renewal, §184.9, Relicensure, §184.18, Administrative Penalties, §184.19, Complaint Procedure Notification, §184.20, Investigations, and §184.26, Voluntary Relinquishment or Surrender of a License, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3717) and will not be republished.

The Board has determined that the rule should be clarified by adding a reference to the Medical Practice Act and the Surgical Assistants Act, authorizing the rules; the rule should be clarified to state that educational programs must be approved by certain organizations as well as clarifying requirements for examinations; the obsolete provision regarding an applicant who applied prior to September 1, 2002 should be deleted; the reference to alcohol/substance disorder should be updated; the rule should be clarified by setting forth requirements that an applicant must furnish supplemental explanations and prohibiting a Surgical Assistant from using the identification as a Surgical Assistant after a license is expired; the rule should be clarified to provide that a license shall be considered to be cancelled if expired more than one year; and the rule should be updated to refer to provisions in chapter 187 regarding the imposition of an administrative penalty; the rule should be clarified by updating references to other Board rules.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 184, Surgical Assistants.

Prior to publishing the proposed amendments, the Board sought stakeholder input through Stakeholder Groups, which made comments on the suggested changes to the rules at a meeting held on March 19, 2008. The comments were incorporated into the published proposed rules.

The Board received no public written comments and no one appeared to testify at the public hearing held on June 27, 2008.

The amendments are adopted under the authority of the Texas Occupations Code Annotated, §153.001 and §154.006, which provide 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.

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 July 21, 2008.

TRD-200803691

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


CHAPTER 193. STANDING DELEGATION ORDERS

The Texas Medical Board (Board) adopts the amendments to §193.1, relating to Purpose, §193.2, relating to Definitions, §193.4, relating to Scope of Standing Delegation Orders, §193.7, relating to Delegated Drug Therapy Management, §193.8, relating to Delegated Administration of Immunizations or Vaccinations by a Pharmacist under Written Protocol, §193.9, relating to Pronouncement of Death, and §193.10, relating to Collaborative Management of Glaucoma, and the repeal of §193.11, relating to Use of Lasers, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3721) and will not be republished.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously withdraws the proposed amendments to §193.6, relating to Delegation of the Carrying Out or Signing of Prescription Drug Order to Physician Assistants and Advanced Practice Nurses.

Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously adopts the rule review of Chapter 193, Standing Delegation Orders.

The amendment to §193.1 updates the name of Texas Medical Board. The amendment to §193.2 updates the name of Texas Physician Assistant Board. The amendment to §193.4 clarifies that pre-signed prescriptions shall be utilized by the authorizing physician only under certain conditions. The amendment to §193.7 and §193.8 updates the reference to Texas Pharmacy Act. The amendment to §193.9 updates the reference to Texas Medical Practice Act. The amendment to §193.10 updates the reference to Texas Optometry Act and name of Texas Medical Board. The repeal of §193.11 will delete the rule regarding use of a laser/pulsed light device.

The Board received written comments regarding §193.6 from the Coalition for Nurses in Advanced Practice (CNAP), the Texas Board of Nursing (TBN), the Texas Nurses Association (TNA), and the Texas Health Care Associates (THCA). Mr. Jim Willmann, General Counsel and Director of Government Affairs, appeared and testified on behalf of TNA.

COMMENT NO. 1. CNAP, TBN, TNA commented that the proposed amendments to §193.6(b)(2)(B) directly conflicts with the Texas Occupations Code, §157.052(e)(2).

Response to Comment No. 2. The Board has responded to this comment by withdrawing proposed amendments to §193.6.

COMMENT NO. 2. CNAP commented that with the proposed amendments to §193.6(b)(2)(B), a physician would have to be onsite as frequently or even more than the APN or PA and possibly more often than the clinic is open in order to delegate prescriptive authority. Taking into consideration that many APNs visit clinics in medically underserved areas only once a week or sometimes even just once a month, CNAP fails to see the merit in the proposed change. Similarly, TBN stated that APNs generally visit medically underserved sites only once or twice a month. Accordingly, TBN feels that it makes more sense for the frequency of physician visits to coincide with the APN's time at the clinic since the purpose of Chapter 193 is to regulate physicians' delegation of prescriptive authority. TNA, likewise, feels that the modified language will reduce the viability of clinics serving medically underserved populations since many of them are only open once or twice a week if not less. CNAP submitted its own suggestion for clarifying §193.6(b)(2)(B).

Response to Comment No. 3. The Board has responded to this comment by withdrawing the proposed amendments to §193.6. The Board believes that the language proposed by CNAP should not be adopted without further review and stakeholder comment.

COMMENT NO. 3. Regarding the proposed changes to §193.6(b)(2)(B)(iii), CNAP generally agrees with the clarifying language but suggests deleting the countersignature requirement as it raises the issue of physician liability and because it seems unnecessary considering that the physician is already required to sign a documentation of supervision. Furthermore, because the purpose of §193.6 concerns the delegation of prescriptive authority, CNAP finds that substituting the random chart review requirement with a review of charts of patients for whom the APN or PA prescribed medications since the physician's last onsite visit would be more appropriate. CNAP submitted its own suggestion for language for this section.

Response to Comment No. 4. The Board has responded to this comment by withdrawing the proposed amendments to §193.6.

COMMENT NO. 4. Depending on Texas Medical Board's (TMB) intention behind the proposed changes to §193.6(d)(3)(A), CNAP will either support or oppose the modification. If the interpretation behind the proposed language is that physicians are to spend 20% of their time while the clinic is open with each APN or PA practicing at the site, then CNAP rejects the change and strongly recommends deleting "that the alternate practice site is open" from the rule. However, if TMB meant that the physician is in the alternate practice site 20% of the time it is open, regardless of which APN or PA practices in the site at the time, then CNAP supports TMB's proposal. TNA also disagrees with requiring physicians to be onsite only if an APN or PA is on site as well in that it may limit the amount of time delegating physicians will be on site providing care to patients.

Response to Comment No. 5. The Board has responded to this comment by withdrawing the proposed amendments to §193.6.

COMMENT NO. 5. With respect to the proposed amended language of §193.6(e)(3), CNAP, TNA, and THCA, oppose requiring physicians to spend the majority of their time onsite at the facility and find it inconsistent with §157.054, Texas Occupations Code. CNAP states that the latter does not specify that physicians spend majority of their time at the facility or that the physician is even facility-based. CNAP points out that physicians with delegating prescriptive authority are often medical school faculty members who not only see patients at the hospital but also teach, staff clinics, or conduct research. In addition, physicians who serve as medical directors in long-term care facilities or as chief of staffs in small community hospitals also have private practices. By requiring physicians to spend the majority of their time onsite at the facility, the added requirement may reduce the use of APNs and PAs and thus diminish access to care for patients. As such, CNAP recommends deleting the proposed changes and retaining the original rule. TBN also indicates that the Texas Occupations Code does not call for any specific time commitment for a physician in a facility-based practice and only requires that physicians who delegate prescriptive authority in such sites hold certain positions within the facility. Furthermore, TBN suggests that because the existing statute requires only continuous supervision and not necessarily a constant physical presence, physicians can achieve oversight via the use of tele-health technology. TNA is also concerned that the new language would limit the use of APNs and PAs in facility-based practices in rural hospitals, hospitals in underserved areas, and in long-term care facilities. TNA also finds that the change would preclude delegating prescriptive authority at a physician's office practice since it would qualify as a primary practice site. THCA argues that physicians generally do not spend 51% or more of their time in nursing facilities. Thus, THCA opposes the proposed change, which it believes would eliminate APNs or PAs from having prescriptive authority in nursing homes under the facility-based, practice-site designation.

Response to Comment No. 6. The Board has responded to this comment by withdrawing the proposed amendments to §193.6.

The Board received written comments regarding the proposed repeal of §193.11 from The Manufacturers of Equipment for Light-Based Aesthetics (MELA). Ms. Jennifer Riggs, representing the Texas Association of Cosmetics (TAC), and Jeanne Southern, M.D., appeared and testified.

COMMENT NO. 6. MELA, TAC, and Dr. Southern submitted comments supporting the proposed repeal of §193.11.

Response to Comment No. 7. The Board has adopted the proposed repeal of §193.11.

22 TAC §§193.1, 193.2, 193.4, 193.7 - 193.10

The amendments are adopted 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.

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 July 21, 2008.

TRD-200803692

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016


22 TAC §193.11

The repeal is adopted 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.

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 July 21, 2008.

TRD-200803693

Donald W. Patrick, MD, JD

Executive Director

Texas Medical Board

Effective date: August 10, 2008

Proposal publication date: May 9, 2008

For further information, please call: (512) 305-7016