Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1. ORGANIZATION AND ADMINISTRATION
Subchapter C. PERSONNEL AND EMPLOYMENT POLICIES
The Texas Department of Public Safety (Department) adopts new §1.42, concerning Veteran's Preference Grievance Procedure, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9283).
Adoption of new §1.42 is necessary due to the passage of H.B. 1275, Acts 2007, 80th Leg., R.S., codified in Chapter 657, Government Code, §657.010. This new law allows for an individual entitled to a veteran's employment preference and who is aggrieved by a decision of a public entity to appeal the decision to the governing body. New §1.42 provides a procedure by which the Department can adequately address the grievant's concerns within the time limits imposed by the statute.
No comments were received regarding adoption of the new section.
The new section is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Government Code, §657.010.
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 February 20, 2008.
TRD-200801031
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety (Department) adopts the repeal of §1.231, concerning Protest/Dispute Resolution/Hearings, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9284).
Adoption of the repeal is necessary due to substantial changes being made and is being filed simultaneously with the adoption of a new §1.231 which is necessary in order to comply with §2155.076 of the Government Code regarding consistent rules and document retention.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work, and Texas Government Code, §2155.076.
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 February 20, 2008.
TRD-200801032
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new §1.231, concerning Procedures For Vendor Protests Of Procurements, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9284).
Adoption of new §1.231 is necessary in order to promulgate policy to comply with §2155.076 of the Government Code regarding consistent rules and document retention. The adoption of new §1.231 is being filed simultaneously with the adoption for repeal of current §1.231.
No comments were received regarding adoption of the new section.
The new section is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §2155.076.
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 February 20, 2008.
TRD-200801033
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
Subchapter A. INVESTIGATION
The Texas Department of Public Safety adopts the repeal of §5.1 and §5.2, concerning Investigation, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9285).
Adoption of the repeal of §5.1 and §5.2 is necessary in order to simultaneously adopt a new §5.1 and §5.2 which will promulgate department policy regarding criminal investigations.
No comments were received regarding adoption of the repeal.
The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §411.0096.
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 February 20, 2008.
TRD-200801035
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new §5.1 and §5.2, concerning General Provisions, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9286).
Adoption of new §5.1 and §5.2 is necessary in order to promulgate department policy regarding criminal investigations. In addition, the title of the subchapter has been changed. The new sections are filed simultaneously with the adoption for repeal of current §5.1 and §5.2.
No comments were received regarding adoption of the new sections.
The new sections are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §411.0096.
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 February 20, 2008.
TRD-200801034
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to §§5.11 - 5.16, concerning Reporting Property Crimes Against The Elderly, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9287).
Adoption of amendments to the sections is necessary in order to update the unit responsible for maintaining records, to update the definitions section, and to make other nonsubstantive changes necessary in order for the sections to read better.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §411.051(c), which provides that the director of the department shall adopt rules, subject to commission approval, to prescribe the form, manner and regular intervals at which a law enforcement agency reports to the department an investigation of certain property crimes committed against the elderly.
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 February 20, 2008.
TRD-200801036
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
37 TAC §§5.31 - 5.34, 5.36, 5.38
The Texas Department of Public Safety adopts amendments to §§5.31 - 5.34, 5.36, and 5.38, concerning Threats Against Peace Officer, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9289).
Adoption of amendments to the sections is necessary in order to update the definitions section, and to make other nonsubstantive changes necessary in order for the sections to read better.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §411.048 (e) and (i), which provide that the director of the department shall adopt rules, subject to commission approval, to prescribe the form and manner to be used by a criminal justice agency reporting to the department its determination of a serious threat against a peace officer, to prescribe how an agency may use information disseminated to it by the department, and to require compliance with general federal intelligence guidelines.
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 February 20, 2008.
TRD-200801037
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts an amendment to §5.51, and new §§5.52 - 5.71, concerning Multicounty Drug Task Forces, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9291).
Adoption of amendments to §5.51 is necessary in order to update the definitions section. Adoption of new §§5.52 - 5.70 is necessary in order to promulgate policy regarding the coordination of drug law enforcement efforts. This adoption is filed simultaneously with an adoption for repeal of current §§5.52 - 5.70.
No comments were received regarding adoption of the amendment or the new sections.
The amendment and new sections are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Government Code, §411.0097, which requires the department to establish policies and procedures for multicounty drug task forces, provides the authority to ensure compliance, and the authority to evaluate each multicounty drug force with respect to whether the task force complies with state and federal requirements including policies and procedures established by the department and demonstrates effective performance outcomes; and Texas Local Government Code, §362.004, which provides that the department confirm the strategic need for the task force and the composition of the task force and that the force comply with the policies and procedures established for the operation of the multicounty drug task force.
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 February 20, 2008.
TRD-200801039
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of §§5.52 - 5.70, concerning Multicounty Drug Task Forces, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9294).
Adoption of repeal of the sections is necessary due to the addition of a new §5.52 and the renumbering of the remaining sections. Adoption of the repeals is filed simultaneously with an adoption for new renumbered sections.
No comments were received regarding adoption of the repeal.
The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Government Code, §411.0097, which requires the department to establish policies and procedures for multicounty drug task forces, provides the authority to ensure compliance, and the authority to evaluate each multicounty drug force with respect to whether the task force complies with state and federal requirements including policies and procedures established by the department and demonstrates effective performance outcomes; and Texas Local Government Code, §362.004, which provides that the department confirm the strategic need for the task force and the composition of the task force and that the force comply with the policies and procedures established for the operation of the multicounty drug task force.
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 February 20, 2008.
TRD-200801038
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
Subchapter A. GENERAL PROVISIONS
The Texas Department of Public Safety adopts amendments to Chapter 13, Subchapter A, §13.1, concerning Chapter Definitions, with changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8706) and will be republished.
Paragraph (9) is changed due to a clerical error. The term "Emergency medical services medical director" is changed to "Emergency medical service medical director."
Adoption of the amendments to §13.1 reformat the section and are necessary in order to add definitions for advanced practice nurse, emergency medical service, emergency medical service medical director, emergency medical service provider, and first responder.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act; and Texas S.B. 1879, Acts 2007, 80th Legislature, Regular Session.
§13.1.Chapter Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Texas Controlled Substances Act (Texas Health and Safety Code, Chapter 481).
(2) Administer, abuse unit, adulterant or dilutant, agent, controlled premises, controlled substance, controlled substance analogue, deliver, delivery, designated agent, director, dispense, distribute, distributor, drug, drug paraphernalia, Federal Drug Enforcement Administration, hospital, institutional practitioner, lawful possession, manufacture, marihuana, medication order, narcotic drug, official prescription form, opiate, patient, person, pharmacist, pharmacist-in-charge, pharmacy, possession, practitioner, prescribe, prescription, principal place of business, and registrant--Have the meanings assigned those terms by the Act, §481.002.
(3) Advanced practice nurse or APN--an individual recognized as a licensed advances practice nurse by the Texas Board of Nurse Examiners.
(4) CSR--Controlled Substances Registration.
(5) Day--means a calendar day unless the context clearly indicates another meaning such as a business day.
(6) Department or DPS--The Texas Department of Public Safety.
(7) Drug Enforcement Administration or DEA--The Federal Drug Enforcement Administration.
(8) Emergency medical service or EMS--A person comprised of all needed emergency equipment and trained personnel to administer proper pre-hospital care in a medical or health situation, and licensed as such by the Texas Department of State Health Services.
(9) Emergency medical service medical director or EMSMD--A person recognized as such under Texas Administrative Code, Title 22, Part 9, §197.2 and who has a current DPS registration.
(10) Emergency medical service provider or EMSP--A person licensed as such by the Texas Department of State Health Services.
(11) First responder organization or FRO--An organization certified as such by the Texas Department of State Health Services.
(12) Individual practitioner--A physician, dentist, veterinarian, optometrist, podiatrist, or other individual licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice, but does not include a pharmacist, a pharmacy, or an institutional practitioner.
(13) Inhalant paraphernalia--An item or other material defined as such by Texas Health and Safety Code, §485.001.
(14) Institutional practitioner--A hospital or other person (other than an individual) licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice, but does not include a pharmacy.
(15) Laboratory apparatus--An item subject to Subchapter E of this chapter (relating to Precursors and Apparatus).
(16) Licensed vocational nurse or LVN--An individual recognized as a licensed vocational nurse by the Texas Board of Vocational Nurse Examiners.
(17) Long-term care facility or LTCF--An establishment licensed as such by the Texas Department of Aging and Disability Services.
(18) Mid-level practitioner--An individual practitioner, other than a physician, dentist, veterinarian, optometrist, or podiatrist, who is licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice. Examples of mid-level practitioners include, but are not limited to, health care providers such as advanced nurse practitioners and physician assistants who are authorized to dispense controlled substances.
(19) Narcotic controlled substance--A narcotic drug or other controlled substance that contains opium or an opiate derivative.
(20) Non-narcotic controlled substance--A controlled substance that does not contain opium or an opiate derivative.
(21) PCLAS--The Precursor Chemical/Laboratory Apparatus Section.
(22) Physician assistant--An individual licensed as such by the Texas State Board of Physician Assistant Examiners.
(23) Precursor chemical--A substance subject to Subchapter E of this chapter (relating to Precursors and Apparatus).
(24) Readily retrievable record--A record created and maintained by an automatic data processing or mechanized record keeping system so that a particular type of record can be separated from all other records in a reasonable time. The term includes a record created and maintained by annotation of each material item with an asterisk, redline, or some other manner visually identifiable apart from all other items appearing on the required record.
(25) Record--A notification, order form, statement, invoice, prescription, inventory information, or other document for the acquisition or disposal of a controlled substance, precursor, or apparatus in any manner by a registrant or permit holder under a record keeping or inventory requirement of federal law, the Act, or this chapter.
(26) Registered nurse--An individual recognized as such by the Texas Board of Nurse Examiners.
(27) Schedule II--A list of narcotic and non-narcotic controlled substances found in the most current version of Schedule II as established or altered by the commissioner of health under the Act, Subchapter B, and published in the Texas Register.
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 February 21, 2008.
TRD-200801047
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 12, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Chapter 13, Subchapter B, §13.21 and §13.27 without changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8708). Section 13.25 is adopted with changes and will be republished.
The change to §13.25(c) corrects a grammatical error.
Adoption of amendments to the sections is necessary in order to add emergency medical service provider to the list of groups that must register under §13.21; to add NAR-77b to the list of forms required for application under §13.25; and to add new late renewal application fee information under §13.27.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act, and Tex. S.B. 1879, Acts 2007, 80th Leg., R.S.
§13.25.Application.
(a) Required. A person required to register under this subchapter must comply with this subchapter and Subchapter F of this chapter (relating to Applications).
(b) Form. An applicant must make:
(1) a new or original application on DPS Form NAR-77, NAR-77a, or NAR 77b; and
(2) a renewal application on DPS Form NAR-78 or NAR-78a.
(c) Rejection. An applicant who seeks to renew a registration may correct a rejected or defective application and resubmit it for filing at any time before termination under §13.30 of this title (relating to Termination).
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 February 21, 2008.
TRD-200801048
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 12, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety (DPS or Department) adopts amendments to Chapter 13, Subchapter D, §13.75, without changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8710). The DPS also withdraws proposed amendments to §§13.71, 13.73, 13.76, 13.79, 13.84, and 13.85 as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8709).
Adoption of amendments to §13.75 is necessary in order to add additional requirements for pharmacy responsibility within the official Texas prescription program.
The Department accepted comment on the proposed rules through December 31, 2007. Written comments were submitted by Mary Staples, Regional Director, State Government Affairs, and Michelle Cope, Manager, Legislative and Regulatory Affairs, in a combined letter on behalf of the National Association of Chain Drug Stores; Gay Dodson, R.Ph., Executive Director/Secretary, Texas State Board of Pharmacy (TSBP); and, Aaron K. Calodney, M.D., President of the Texas Pain Society.
The substantive comments, as well as the Department's responses thereto, are summarized below:
COMMENT: Regarding §13.75 as proposed, the Department would establish that any prescription for a Schedule II controlled substance "presented for filling later than 21 days after issuance" would be void. The provision is in direct conflict with federal regulations recently published by the Drug Enforcement Administration (DEA) under 21 CFR §1306.12 and §1306.14. In light of the federal regulation, it is urged that the Department delete the proposed 21-day restriction from the rule.
RESPONSE: 21 CFR §1306.12(b)(1) provides that an individual practitioner may issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a Schedule II controlled substance provided the following conditions are met:... (iv) The issuance of multiple prescriptions as described in this section is permissible under the applicable state laws; and (v) The individual practitioner complies fully with all other applicable requirements under the Act and these regulations as well as any additional requirements under state law. Texas Health and Safety Code, §481.074(d), was amended from requiring a Schedule II prescription to be filled within 7 days of its issuance to allowing the Department, after consulting with the TSBP and the Texas Medical Board (TMB), to set the requirement by rule. Section 13.75 provides for the filling of a Schedule II prescription within 21 days of its issuance. The TSBP agrees with §13.75 as published. The Department disagrees with the withdrawal of §13.75 at this time, and the rule is recommended as published. However, the Department is willing to consider changes to §13.75 in the future provided that appropriate safeguards can be established to minimize the threat of diversion.
COMMENT: Regarding §13.75, the TSBP agreed with the proposed changes in §13.75. The TSBP stated that proposed §13.76 requiring a pharmacy to submit certain information to the Department regarding prescriptions for Schedules II - V should be delayed until the Advisory Committee created by Senate Bill 1879 has been established. In addition, the TSBP suggested that the proposed language in §13.207 as it relates to a 24-hour production of retrievable records match the federal DEA requirement of 48 hours and that "readily retrievable" is not defined in this chapter and the rules do not define a timeframe to produce records that are not readily retrievable.
RESPONSE: The Department agrees with the TSBP regarding §13.75, and the rule is recommended as published. The Department agrees to withdraw the amendments proposed to §13.76 and §13.207.
COMMENT: Regarding §13.75, the Texas Pain Society concurs with the language contained in 21 CFR §1306.12 and §1306.14 and strongly recommends that the DPS not limit in any way the implementation of the federal rule.
RESPONSE: 21 CFR §1306.12(b)(1) provides that an individual practitioner may issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a Schedule II controlled substance provided the following conditions are met:... (iv) The issuance of multiple prescriptions as described in this section is permissible under the applicable state laws; and (v) The individual practitioner complies fully with all other applicable requirements under the Act and these regulations as well as any additional requirements under state law. Texas Health and Safety Code, §481.074(d) was amended from requiring a Schedule II prescription to be filled within 7 days of its issuance to allowing the Department, after consulting with the TSBP and the TMB, to set the requirement by rule. Section 13.75 provides for the filling of a Schedule II prescription within 21 days of its issuance. The Department disagrees with the withdrawal of §13.75 at this time and recommends that §13.75 be adopted as published. However, the Department is willing to consider changes to §13.75 in the future provided that appropriate safeguards can be established to minimize the threat of diversion.
The Department conducted a public hearing on January 24, 2008 regarding the proposed rule changes after receiving a request for public hearing from the Texas Pharmacy Association, Texas Federation of Drug Stores, and the Texas Society of Health-Systems Pharmacists. The substantive comments, as well as the Department's responses thereto are summarized below:
COMMENT: Regarding §§13.71, 13.73, 13.75, 13.76, 13.79, 13.84, 13.85, and 13.207, Kristie Zamrazil, representing the Texas Pharmacy Association, suggested that the proposed rules listed should be withdrawn until the Advisory Committee set out in Senate Bill 1879, §7, meets. In addition, Ms. Zamrazil stated that the TSBP and TMB should provide input on the design of the database system. The system should provide "real time" use of data so pharmacists could exercise professional judgment before the filling of prescriptions. The time for registrants to produce records should be expanded to 72 hours, rather than 24 as stated in §13.207.
RESPONSE: The Department agrees to withdraw amendments to §13.71, 13.73, 13.76, 13.79, 13.84, 13.85, and 13.207. The Department disagrees with the withdrawal of §13.75. Section 13.75 provides for the extension of time from 7 days to 21 days that a Schedule II prescription can be filled after its date of issuance. The Department recommends §13.75 be adopted as published. However, the Department is willing to consider changes to §13.75 in the future provided that appropriate safeguards can be established to minimize the threat of diversion.
COMMENT: Regarding §§13.71, 13.73, 13.75, 13.76, 13.79, 13.84, 13.85, and 13.207, Brad Shields, representing the Texas Society of Health System Pharmacists agreed with Ms. Zamrazil's testimony and restated that the proposed rules should be withdrawn until after the Advisory Committee created by Senate Bill 1879, §7, is in place to advise the Department.
RESPONSE: The Department will withdraw amendments to §§13.71, 13.73, 13.76, 13.79, 13.84, 13.85, and 13.207. The Department does not agree with the withdrawal of §13.75. Section 13.75 is recommended to be adopted a published.
COMMENT: Regarding §13.75, Krista Crockett, Executive Director for the Texas Pain Society, read a written statement in support of the new DEA rule for Schedule II controlled substances (21 CFR §1306.12 and §1306.14) and strongly recommended that the Department not limit in any way the implementation of the federal rule.
RESPONSE: 21 CFR §1306.12(b)(1) provides that an individual practitioner may issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a Schedule II controlled substance provided the following conditions are met:... (iv) The issuance of multiple prescriptions as described in this section is permissible under the applicable state laws; and (v) The individual practitioner complies fully with all other applicable requirements under the Act and these regulations as well as any additional requirements under state law. Texas Health and Safety Code, § 481.074(d), was amended from requiring a Schedule II prescription to be filled within 7 days of its issuance to allowing the Department, after consulting with the TSBP and the TMB, to set the requirement by rule. Section 13.75 provides for the filling of a Schedule II prescription within 21 days of its issuance. The Department disagrees with the withdrawal of §13.75 at this time and recommends that §13.75 be adopted as published. However, the Department is willing to consider changes to §13.75 in the future provided that appropriate safeguards can be established to minimize the threat of diversion.
COMMENT: Karen Reagan, representing the Texas Federation of Drug Stores, supported the statements made by representatives of the Texas Pharmacy Association, Texas Society of Health System Pharmacies, and the Texas Pain Society regarding §§13.71, 13.73, 13.75, 13.76, 13.79, 13.84, 13.85, and 13.207.
RESPONSE: The Department agrees to withdraw §13.71, 13.73, 13.76, 13.79, 13.84, 13.85, and 13.207. The Department disagrees with the withdrawal of §13.75. Section 13.75 provides for the extension of time from 7 days to 21 days that a Schedule II prescription can be filled after its date of issue. The Department recommends §13.75 be adopted as published. However, the Department is willing to consider changes to §13.75 in the future provided that appropriate safeguards can be established to minimize the threat of diversion.
The amendments are adopted pursuant to Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act; Texas Health and Safety Code, §481.074(d), which authorizes the director, by rule and in consultation with the TMB and the TSBP, to establish the period after the date on which the prescription is issued that a person may fill a prescription for a controlled substance listed in Schedule II; and Tex. S.B. 1879, Acts 2007, 80th Leg., R.S.
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 February 21, 2008.
TRD-200801049
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 12, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Chapter 13, Subchapter F, §13.132, concerning Application Requirements, without changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8711).
Adoption of amendments to the section are necessary in order to change language regarding when a pharmacist-in-charge must sign the registration application for an applicant and adds new subsection (h) to state signature requirements for EMSP applicants.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act, and Tex. S.B. 1879, Acts 2007, 80th Leg., R.S.
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 February 21, 2008.
TRD-200801050
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 12, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new Chapter 13, Subchapter N, §§13.301 - 13.305, concerning Administrative Penalties and Hearings, without changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8713).
Adoption of the new sections is necessary in order to add information and requirements for administrative penalties and hearings regarding administrative penalties.
No comments were received regarding adoption of the new sections.
The new sections are adopted pursuant to Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act; and Texas Senate Bill 1879, Acts 2007, 80th Legislature, Regular Session.
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 February 21, 2008.
TRD-200801051
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 12, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 424-2135
Subchapter J. DRIVER RESPONSIBILITY PROGRAM
The Texas Department of Public Safety adopts amendments to §15.162, concerning Installment Agreements, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9295).
Adoption of the amendments to §15.162 are necessary because effective September 1, 2007, Texas Transportation Code, Chapter 708, §708.153 amended the Driver Responsibility law to allow the department the ability to reinstate installment payments for a person who has previously defaulted on the installment plan.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §708.002.
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 February 20, 2008.
TRD-200801040
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new §15.163, concerning Amnesty, Incentive and Indigency Programs, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9296).
Adoption of new §15.163 is necessary because effective September 1, 2007, Texas Transportation Code, Chapter 708, §708.157 amended the Driver Responsibility law to allow the department the ability to establish amnesty, incentive and indigency programs. The new section promulgates policy regarding the Amnesty, Incentive and Indigency Program.
No comments were received regarding adoption of the new section.
The new section is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §708.157.
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 February 20, 2008.
TRD-200801041
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
Subchapter A. ADMINISTRATIVE LICENSE REVOCATION
37 TAC §§17.2 - 17.4, 17.6, 17.9, 17.11, 17.12, 17.16
The Texas Department of Public Safety (Department) adopts amendments to §§17.2 - 17.4, 17.6, 17.9, 17.11, 17.12, and 17.16, concerning Administrative License Revocation, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9297).
Adoption of the amendments to the sections is necessary in order to more accurately reflect current policies and procedures due to statutory requirements.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Transportation Code, §524.002 and §724.003, which provide that the Department may adopt rules to administer those chapters.
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 February 20, 2008.
TRD-200801042
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135
Subchapter I. VEHICLE INSPECTION ADVISORY COMMITTEE
37 TAC §§23.201 - 23.206, 23.208, 23.210, 23.213
The Texas Department of Public Safety adopts amendments to §§23.201 - 23.206, 23.208, 23.210, and 23.213, concerning the Vehicle Inspection Advisory Committee, without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9299).
Adoption of the amendments to the sections is necessary in order to reflect changes to Texas Transportation Code, §548.006 made by H.B. 2565 (80th Texas Legislature, Regular Session), which established an Advisory Committee to advise the department on administrative rules, make recommendations, and perform other advisory functions as requested, relating to the operation of the vehicle emissions testing program under Transportation Code, Chapter 548, Subchapter F.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, Chapter 548.
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 February 20, 2008.
TRD-200801043
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 11, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 424-2135