Part 1. DEPARTMENT OF STATE HEALTH SERVICES
The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (department), proposes amendments to §§56.1 - 56.3 and §§56.17 - 56.19, the repeal of §§56.4 - 56.16, and new §§56.4 - 56.16 concerning the provision of family planning services in this state.
BACKGROUND AND PURPOSE
The amendments, repeals, and new sections are necessary to assist the department in the implementation of the federal Title X funding regulations.
Government Code, §2001.039, requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 56.1 - 56.19 have been reviewed, and the department has determined that reasons for adopting the sections continue to exist because rules on this subject are needed. However, the department also has determined that §§56.4 - 56.16 should be repealed and replaced with new rules.
SECTION-BY-SECTION SUMMARY
Amendments to §§56.1 - 56.3 incorporate the current department and program names to be consistent with current terminology used by the department.
Amendments to §56.1 provide flexibility in the current department and program policy manual to be used.
Amendments to §56.2 incorporate the current department and program names to be consistent with current terminology used by the department.
The amendment to §56.3 provides increased clarity concerning the purpose of the family planning programs.
Existing §56.4 is repealed because the Family Planning Advisory Committee was abolished by the Executive Commissioner of the Health and Human Services Commission in 2003 as authorized by the 78th Legislature. New §56.4 clarifies that while payment rates for services under Titles V, X, and XX are set by the department, the commission sets fees, charges and rates for family planning services provided under Title XIX (Medicaid).
The proposed new §56.5 allows providers flexibility among available contraceptive methods they are required to keep in stock. This provision also ensures compliance with Title X regulations.
The proposed new §56.6 clarifies that abortion is not considered a method of family planning, and that no state-appropriated funds may be used to pay the direct or indirect cost of abortion procedures.
The proposed new §56.7 clarifies the role of the Health and Human Services Commission in administering the Title XIX Medicaid family planning services program.
The proposed new §56.8 specifies records retention periods and requires that records be accessible by the commission and the department.
The proposed new §56.9 clarifies that Medicaid clients shall be offered family planning services within 30 days of their request for those services.
The proposed new §56.10 clarifies that clients have the right to choose their preferred method and source of family planning service, and may not be subjected to coercion to accept services.
The proposed new §56.11 states that providers must safeguard the confidentiality of clients' family planning information, and that clients must provide written authorization prior to release of personally identifying information except for reports relating to child abuse required by Texas Family Code, Chapter 261.
The proposed new §56.12 and amendments to §56.17, §56.18, and §56.19 update the current department and program names to be consistent with current terminology used by the department.
The proposed new §56.13 renumbers the section in the chapter and is more concise than the §56.14 being repealed.
The proposed new §56.14 corrects a typo in §56.15 being repealed. The new rule provides increased clarity concerning the type of adult participation encouraged in adolescent family planning.
The proposed new §56.15 clarifies that contractors shall make family planning and genetic services available in compliance with civil rights laws.
The proposed new §56.16 provides increased clarity to Title X contractors concerning federal regulations concerning Informational and Educational Committee(s).
FISCAL NOTE
David Hagerla, Manager, Preventive and Primary Care Unit, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local governments as a result of administering the sections as proposed. These amendments, repeals, and new sections are intended to clarify, update, and streamline the rules, and are not anticipated to be controversial or have significant fiscal impact to the department or local government.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Mr. Hagerla has also determined that there will be no effect on small businesses or micro-businesses required to comply with the sections as proposed, because neither small businesses nor micro-businesses that are providers of family planning and family planning genetic services will be required to alter their business practices in order to comply with the sections. There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
Mr. Hagerla has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be continued access to family planning and family planning genetic services for eligible, low-income Texas women.
REGULATORY ANALYSIS
The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Kim Roberts, Mail Code 1923, Community Health Services Section, Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347 or by email to kim.roberts@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the proposed rules have been reviewed by legal counsel and found to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The proposed amendments and new rules are authorized by Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001.
The proposed amendments and new rules affect Government Code, Chapter 531, and Health and Safety Code, Chapter 1001. Review of the sections implements Government Code, §2001.039.
§56.1.Applicability of Family Planning Requirements.
The requirements in each section apply to Titles V, X, XIX
(Medicaid), and XX family planning programs unless otherwise specified
within the section. Family planning contractors are also required
to observe all guidelines and operating procedures outlined in the
most recent Family Planning Policy Manual, [Program
Policies Manual, February, 2003, and/or Title V Policies and Procedures
Manual, September, 2002,] as required by their contracts. In
addition to the requirements set out in Chapter 56, Title XIX (Medicaid)
providers must comply with the terms and conditions of the Provider
Agreement signed by all providers as a condition of participation
in the Texas Medical Assistance Program.
§56.2.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings.
[(1) Board--The Texas Board of Health.]
(1) [(2)] Client--Any individuals [
individual] seeking assistance from a Department
of State Health Services [Texas Department of Health]
contractor or provider to meet their family planning goals.
(2) [(3)] Commission--The
Texas Health and Human Services Commission [Committee--The
Family Planning Advisory Committee].
(3) [(4)] Contraception--Any
United States Food and Drug Administration (FDA)-approved [The
] means of pregnancy prevention. Methods include permanent methods
and temporary methods.
(4) [(5)] Contractor--Any entity
that contracts with the Department of State Health Services [
Texas Department of Health] to provide Title V, X, and/or XX
family planning services.
(5) [(6)] Department--The Department
of State Health Services [Texas Department of Health].
[(7) DHS--The Texas Department of Human
Services.]
[(8) Family planning--The process of
establishing the preferred number and spacing of one's children, selecting
the means to achieve the goals, and effectively using that means.]
(6) [(9)] Family planning services may include:
[--A public health care system targeting low-income women, men, and adolescents that is designed to enable people voluntarily
to limit their family size or to space their children.]
(A) health history and physical;
(B) counseling and education;
(C) laboratory testing;
(D) provision of a contraceptive method; and
(E) referrals for additional services as needed.
(7) [(10)] Intended pregnancy--Pregnancy
a woman reports as [timed well or] desired at the time
of conception.
(8) [(11)] Medicaid--Title XIX
of the Social Security Act.
(9) [(12)] Provider--Any entity
that receives Titles V, X, XIX, or XX [
Texas Department of Health
] funding to provide family planning services.
(10) [(13)] Region--Any of the
public health service regions established by the
Department of State Health Services [
Texas Department of Health].
(11) [(14)] Title V family planning program--
Family [Grants for the provision of family]
planning services funded by grants under the Maternal and
Child Health Act, 42 United States Code §701 et seq.
(12) [(15)] Title X family planning
program--Family [Grants for the provision of family]
planning services funded by grants under the Public Health
Service Act, 42 United States Code §300 et seq.
(13) [(16)] Title XIX family
planning program--Family planning services provided under Title XIX
(Medicaid) of the Social Security Act, 42 United States Code §1396 et seq.
(14) [(17)] Title XX family planning program--
Family [Grants for the provision of family
] planning services funded by grants [provided
] under the Social Services Block Grant, 42 United States Code §1397 et seq.
§56.3.Purposes.
The purposes of family planning services are:
(1) to enable women and men to determine the preferred number and spacing of their children;
(2) [(1)] to affect positively
the outcome of future pregnancies;
(3) [(2)] to increase the proportion
of intended pregnancies; and
(4) [(3)] to improve the health
status of Texas communities.
§56.4.Maximum Rates and Specific Codes.
For payment of purchased counseling, educational, medical, and sterilization family planning services funded by grants under Titles V, X, and XX, maximum rates are established by the department according to specific diagnosis and procedure codes. The Texas Health and Human Services Commission sets fees, charges, and rates for family planning services provided under Title XIX (Medicaid).
§56.5.Range of Methods.
A broad range of FDA-approved methods of contraception must be made available to the client, either directly or by referral to another provider of contraceptive services. All brands of the different contraceptive methods need not be made available, but each major contraceptive category must be made available.
§56.6.Abortion Statement.
Abortion is not considered a method of family planning and no state funds appropriated to the department shall be used to pay the direct or indirect costs (including overhead, rent, phones, equipment, and utilities) of abortion procedures provided by contractors.
§56.7.Requirements for Reimbursement of Family Planning Services.
The commission and the department shall reimburse providers for services provided in compliance with program standards, policies and procedures, and contract requirements unless payment is prohibited by law.
§56.8.Records Retention.
Providers shall maintain for the time period specified by the department all records pertaining to client services, contracts, and payments. Title XIX (Medicaid) record retention requirements are found in 1 Texas Administrative Code, §354.1004 (relating to Retention of Records). All records relating to services must be accessible for examination at any reasonable time to representatives of the commission and/or the department and as required by law.
§56.9.Prompt Service.
Medicaid clients requesting family planning assistance shall be offered services within 30 days of request.
§56.10.Freedom of Choice.
Clients have the right to choose freely family planning methods and sources of services. Clients shall not be subjected to coercion to accept services.
§56.11.Confidentiality.
Providers shall safeguard client family planning information. Clients must provide written authorization prior to the release of any personally identifying information except reports of child abuse required by Texas Family Code, Chapter 261, and as required or authorized by other law. The department may distribute appropriated funds only to contractors that show good faith efforts to comply with all child abuse reporting guidelines and requirements as interpreted by department policy.
(1) Providers shall ensure client confidentiality and provide safeguards for clients against the invasion of personal privacy.
(2) All personnel (both paid and volunteer) must be informed during orientation of the importance of keeping information about a client confidential.
(3) Clients' records must be monitored to ensure access is limited to appropriate staff and to department and/or commission staff or their authorized representatives.
(4) The client's preference of methods of follow-up contact shall be documented in the client's record.
(5) Each client shall receive verbal assurance of confidentiality and an explanation of what confidentiality means.
§56.12.Eligibility for Family Planning Services.
Eligibility shall be determined according to the requirements of the most recent Family Planning Policy Manual. Title XIX (Medicaid) eligibility is determined by the guidelines set by the commission. Individuals who receive Medicaid are eligible for family planning medical, counseling, and educational services. Contractors shall not deny family planning services to eligible clients because of their inability to pay for services.
§56.13.Consent.
Providers may provide family planning services, including prescription drugs, without the consent of the minor's parent, managing conservator, or guardian only as authorized by Texas Family Code, Chapter 32, or by federal law or regulations. A provider may not require consent for family planning services from the spouse of a married client.
§56.14.Family Planning for Adolescents.
(a) Adolescents age 17 and younger shall be provided individualized family planning counseling and family planning medical services that meet their specific needs within two weeks of request.
(b) The provider shall ensure that:
(1) counseling for adolescents includes encouraging participation of families, parents, and/or legal guardians in their decision to seek family planning services;
(2) counseling for adolescents includes information on use of all medically approved birth control methods including abstinence;
(3) appointment schedules are flexible enough to accommodate access for adolescents requesting services;
(4) full participation in family planning medical services is encouraged but may be deferred for the adolescent electing a non-prescriptive contraceptive method; and
(5) the adolescent is assured that all services are confidential and that any necessary follow-up contact will also protect the client's privacy.
§56.15.Civil Rights.
Providers shall make family planning and genetic services available without regard to marital status, parenthood, handicap, age, color, religion, sex, ethnicity, or national origin. The provider must comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 - 352); §504 of the Rehabilitation Act of 1973 (Public Law 93 - 112); The Americans with Disabilities Act of 1990 (Public Law 101 - 336), including all amendments to each; and all regulations issued pursuant to these Acts.
§56.16.Title X Informational and Educational Committees.
Title X contractors that distribute informational and educational materials to clients and/or the community shall establish Informational and Educational (I&E) committees to review the materials. Contractors should include all target populations in the development of educational materials.
(1) Each Title X contractor must maintain an I&E committee of no fewer than five but not more than nine members who are broadly representative of the population of the community for which the materials are intended in terms of demographic factors such as race, color, national origin, handicapped condition, sex, and age.
(2) Each I&E committee must review and approve all informational and educational materials developed or made available by the contractor prior to their distribution to assure that the materials are suitable for the population and community for which they are intended and to assure their consistency with the purposes of Title X.
(3) Each I&E committee must review the content of the materials to assure that the information is factually correct. The committee may delegate responsibility for the review of the factual, technical, and clinical accuracy to appropriate contractor staff. However, final approval of the informational and educational material rests with the I&E committee.
(4) Each I&E committee shall keep minutes of its meetings and maintain a written record of its determinations.
(5) Materials provided by contractors must be reviewed and approved by each Title X contractor's I&E committee, since community cultures and standards vary across the state.
(6) Each contractor's I&E committee may meet as a group at a specific time and location, or the members may discuss the materials and make their determinations by telephone conference call.
(7) Each I&E committee shall review and approve informational and educational materials before distribution by the contractor, and meetings shall be scheduled whenever new materials come under consideration, or on a regular basis according to an individual contractor's policy. Contractors' I&E committees are not bound to conduct a minimum number of meetings per year.
§56.17.Contract Requirements for the Title XIX (Medicaid) Family Planning Genetics Program.
(a) A genetic service agency provider may contract with the
commission [department] for Title XIX
reimbursement for family planning genetic diagnostic and counseling
services under the following conditions.
(1) The medical director of the genetic services agency
provider is a clinical geneticist (MD or DO). The clinical geneticist
must be board eligible or board certified in clinical genetics by
the American Board of Medical Genetics [Geneticists]
(ABMG) and licensed by the Texas Medical Board.
(2) A team of professionals provides the genetic diagnostic
and counseling services. The team must consist of [
at least]a clinical geneticist (MD or DO)
and at least one of the following: a nurse (RN), [
a genetic associate (MS),] a
social worker (MSW), a medical geneticist (PhD), or a genetic counselor
(MS). The members of the team must meet the criteria established by
ABMG or work under the direct supervision of a clinical geneticist.
Administrative and support staff also may [also]
be involved.
(3) (No change.)
(4) The agency provider must arrange for full medical
referral services since genetic disorders often encompass several
health problems. Independent consultant, laboratory, and radiology
services must be billed through the genetic services agency provider
under contract with the commission [department].
(5) Genetic counseling must be provided face-to-face by a clinical geneticist (MD or DO) or a genetic counselor under the direct supervision of a clinical geneticist.
(6) Services provided by a specialized genetics agency
provider must be under a written subcontractual agreement with the
prime contractor. The commission [department]
has the right to approve all subcontractual agreements.
(7) (No change.)
(b) (No change.)
§56.18.Family Planning Genetics Services Provided.
Family planning genetics services must be prescribed by a physician (MD or DO) and have implications for reproductive decisions. Services may include the following, based on the client's needs:
(1) health history and detailed family genetic health history;
(2) (No change.)
(3) psychosocial genetic assessment;
(4) medical genetic [genetics] counseling;
(5) (No change.)
(6) follow-up genetic counseling;
(7) - (8) (No change.)
§56.19.Limitations of Family Planning Genetics Services.
For the Title XIX Family Planning Genetics Program, the following types of services are not allowed:
(1) (No change.)
(2) prenatal diagnosis for sex determination of the
fetus alone without implications for genetic disorders [
diseases].
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 26, 2008.
TRD-200801153
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 458-7111 x6972
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Department of State Health Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001.
The proposed repeals affect Government Code, Chapter 531, and Health and Safety Code, Chapter 1001. Review of the sections implements Government Code, §2001.039.
§56.4.Family Planning Advisory Committee.
§56.5.Maximum Rates and Specific Codes.
§56.6.Range of Methods.
§56.7.Abortion Statement.
§56.8.Requirements for Reimbursement of Family Planning Services.
§56.9.Records Retention.
§56.10.Prompt Service.
§56.11.Freedom of Choice.
§56.12.Confidentiality.
§56.13.Eligibility for Family Planning Services.
§56.14.Consent.
§56.15.Family Planning for Adolescents.
§56.16.Civil Rights.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 26, 2008.
TRD-200801154
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 458-7111 x6972
The Executive Commissioner of the Health and Human Services Commission (commission) on behalf of the Department of State Health Services (department) proposes amendments to §§205.1 - 205.9, 205.11 - 205.17, the repeal of §205.10, and new §205.10, concerning the regulation of bedding products.
BACKGROUND AND PURPOSE
The amendments are necessary to implement House Bill (HB) 1752 passed during the 79th Legislature, Regular Session (2005), which relate to the regulation of germicidal treatment of secondhand bedding items. HB 1752 amends Health and Safety Code (HSC), Chapter 345, by adding §345.045, entitled "Minimum Sanitary Standards for Germicidal Treatment Permit," which establishes minimum sanitary conditions for businesses holding a germicidal treatment permit. HB 1752 also authorizes the Executive Commissioner of the commission to promulgate rules to establish additional regulatory requirements for sanitary conditions.
Additional amendments are required to implement HB 2471 passed during the 80th Legislature, Regular Session (2007), which relate to the treatment and sale of certain bedding. This bill amends HSC, Chapter 345, by amending the definitions for "new" and "secondhand" and and adding a new definition for "floor model." HB 2471 also amended HSC, Chapter 345, by adding §345.0065 "Applicability of Chapter to Floor Model." These amendments exempt floor models from being regulated as secondhand, which formerly required that floor models be germicidally treated and tagged as secondhand bedding.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 205.1 - 205.17 have been reviewed and the department has determined that the reasons for adopting the sections continue to exist because rules on this subject are needed to regulate the quality of bedding and to protect public health. However, §205.10 is being repealed and is proposed as a new rule.
SECTION-BY-SECTION SUMMARY
Amendments to §205.2 and §205.8 change the definitions of "new" and "secondhand," add a new definition for "floor model," and add §205.8(a)(1)(D), which is necessary due to a change in legislation exempting floor models from regulation as secondhand. Additional amendments to §§205.1, 205.2, 205.4 - 205.9, and 205.12 - 205.17 provide clarification and correction to the rules. Amendments to §205.3 reflect the new Federal Flammability Standards and add recordkeeping requirements to better document the progress of bedding from the manufacturer to the consumer. Repeal of existing §205.10 and the addition of new §205.10 establishes minimum sanitary standards for germicidal treatment operators that germicidally treat ten or fewer items of bedding per week. Amendments to §205.11 clarify language to reflect the two-year term for permits, and implement changes to the minimum sanitary conditions for businesses holding a germicidal treatment permit.
FISCAL NOTE
Susan E. Tennyson, Section Director, Environmental and Consumer Safety Section, has determined that for each calendar year of the first five years §§205.1, 205.3 - 205.7, and 205.9 - 205.17 are in effect, there will be no fiscal implications to the state as a result of enforcing or administering the sections as proposed. Regarding §205.2 and §205.8, there will be an effect on state government which is anticipated to decrease the number of germicidal treatment permits issued by 2%, and would result in a decrease in licensing revenue to the state of $2,090 each year for calendar years one through five. Implementation of the proposed sections will not result in any fiscal implications for local governments.
SMALL AND MICRO-BUSINESS IMPACT
Ms. Tennyson has also determined that there will be no negative effect on small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the sections. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. Regarding §205.2 and §205.8, the financial burden of $110 per two year permit term for small and micro-businesses will be alleviated for some small and micro-businesses due to a change in legislation exempting floor models from regulation as secondhand. There is no anticipated negative impact on local employment.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS
Ms. Tennyson has determined that some small businesses are subject to regulation under the proposed rules. However, no additional economic burden is associated with the proposed regulatory changes so no adverse economic impact to small businesses is anticipated. Therefore, an economic impact statement and regulatory flexibility analysis for small businesses are not required.
PUBLIC BENEFIT
In addition, Ms. Tennyson has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is a clearer interpretation of the rules.
REGULATORY ANALYSIS
The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. The proposal does not result in any of these adverse effects.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Andrea Lopez, Public Health Sanitation and Consumer Product Safety Group, Policy, Standards, and Quality Assurance Unit, Environmental and Consumer Safety Section, Division for Regulatory Services, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, or by e-mail to Andrea.Lopez@dshs.state.tx.us. Written comments will be accepted for 30 days following publication of the proposal in the Texas Register.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the proposed rules have been reviewed by legal counsel and found to be within the state agencies' authority to adopt.
Subchapter A. BEDDING RULES
STATUTORY AUTHORITY
The proposed amendments and new rule are authorized by Health and Safety Code, §345.0435; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. The proposed readoption of these rules is authorized by Government Code, §2001.039, which requires each state agency to review and consider for readoption each rule adopted by the agency pursuant to the Government Code, Chapter 2001.
The proposed amendments and new rule affect the Health and Safety Code, Title 5, Chapter 345.
§205.1.Purpose and Scope.
The purpose of these sections is to designate the requirements and the terms, definitions, nomenclature, and conditions as commonly used and recognized in the manufacture, sale, and distribution of bedding and furniture products and filling materials. Classifications of materials in these regulations are intended to have understandable meaning to regulated businesses and consumers. The definitions used are in conformity with those adopted by the majority of states, Canada, the Federal Trade Commission and the International Association of Bedding and Furniture Law Officials.
§205.2.Definitions.
(a) The following words and terms, when used in this chapter, shall have the following meanings unless the context otherwise specifically requires.
(1) - (2) (No change.)
(3) Bedding--A mattress, mattress pad, mattress protector, box spring, sofa bed, studio couch, chair bed, convertible bed, convertible lounge, pillow, bolster, quilt, quilted spread, comforter, cot pad, sleeping bag, lounge chair pad, utility or all-purpose pad, crib pad, playpen pad, crib bumper pad, car bed pad, infant carrier pad, convertible stroller pad, bassinet pad, bed rest and lounge-type cushion, or a stuffed or filled article that can be used by a human for sleeping or reclining.
(4) - (8) (No change.)
(9) Floor Model--New bedding placed in a retail sales area for display purposes.
(10) [(9)] Germicidal Treatment
Operator--A person who sanitizes used bedding articles or filling
materials by a method or process that has been approved by the department.
(11) [(10)] Importer--A person
who on his own account sells or distributes in this state bedding,
or filling material to be used in bedding, that was manufactured
or processed in a country other than the United States. The term does
not include an affiliate or subsidiary if the ownership and name of
the affiliate or subsidiary are the same as the manufacturer, and
the affiliate or subsidiary is the exclusive sales outlet for the
manufacturer.
(12) [(11)] Label, law label,
labeled, tag and tagged--May be used interchangeably and means any
label or tag required to be on or affixed to finished bedding products
and processed filling material and on which the information required
is to appear.
(13) [(12)] Manufacturer--A person
whose principal business is the manufacture of bedding from new materials
for the purpose of resale in this state by a distributor, wholesaler,
importer, or retail outlet or subsidiary outlet if the ownership and
name are the same as the manufacturer, or if it is an exclusive sales
outlet for the manufacturer, or both.
(14) [(13)] Material--An article,
substance, or part of an article or substance, used in the manufacture,
repair, or renovation of bedding.
(15) [(14)] New--Bedding or filling
material that has had no previous use in any manner other than
previous use as a floor model [for any purpose].
(16) [(15)] Pillows and cushions--Any
bag, case, or covering which has been stuffed or filled and which
is not an integral part of another item of bedding or furniture but
which can be used by human beings for sleeping, resting, or reclining
purposes. The terms do not apply to pillows or cushions which do not
exceed 10 inches in their greatest dimension or have permanently affixed
figurines, statuettes, dolls, etc.
(17) [(16)] Processed filling
material--Felt, batting, pad, foam product, quilted product, or any
other filling material which has been prepared, manufactured, or processed
into a form in which it can be used in articles of bedding.
(18) [(17)] Processor--A person
who manufacturers or processes, and sells in this state or for delivery
in this state any filling materials, including felt, batting, pads,
or foam, to be used or that could be used in bedding, other than frames
or metal springs.
(19) [(18)] Recycled material--Material that:
(A) is composed of recyclable material or that is derived from post consumer waste; and
(B) may be used in place of raw or virgin filling material in manufacturing, repairing, or renovating bedding.
(20) [(19)] Renovate--To restore
to a former condition or to place in a good state of repair.
(21) [(20)] Secondhand--Bedding
or filling material with previous use in any manner, other than
previous use as a floor model.
(22) [(21)] Sell--Offer, or expose
for sale, include in a sale, barter, trade, deliver, consign, lease,
possess with intent to sell or dispose of in any commercial manner.
For purposes of these sections, lease shall also include the term
"rent" when used for commercial purposes.
(23) [(22)] Wholesaler--A person
located outside this state who on his own account sells, distributes,
or jobs into this state to another for the purpose of resale bedding
or filling material to be used in bedding. This does not include an
affiliate or subsidiary if the ownership and the name of the affiliate
or subsidiary are the same as the manufacturer, and the affiliate
or subsidiary is the exclusive sales outlet for the manufacturer.
(b) (No change.)
§205.3.General Requirements.
(a) - (b) (No change.)
(c) Each item of bedding and processed filling material
shall be labeled in conformity with the requirements of the Act and
these regulations. This requirement does not apply to a
custom upholstery [customupholstery
] business that does
not repair or renovate bedding for resale.
(d) - (e) (No change.)
(f) The terms "all," "pure," "100%," or terms of similar meaning
[import] are permitted only if the material
is as stated. No tolerance is allowed where such terms are used.
(g) - (j) (No change.)
(k) Identification and storage of secondhand bedding articles and filling materials shall be as follows:
(1) Persons engaged in the manufacture, distribution, wholesaling, importation, renovation, processing, and/or germicidal treatment shall keep new and secondhand articles and/or materials segregated.
(2) - (3) (No change.)
(l) Mattresses and mattress pads manufactured, renovated
or delivered into or within this state for purposes of sale in this
state shall meet the federal standard for flammability of mattresses
set forth in 16 Code of Federal Regulations, Parts [Part]
1632 and 1633.
(m) Record keeping.
(1) Persons engaged in the business of selling, leasing, renting, or storing articles of bedding shall retain the purchase order, sales contract, invoice, receipt, lease, rental agreement, return authorization and other documentation recording each purchase, sale, lease, rental, return, and other transaction of an article of bedding.
(2) Any records and documents required by this subsection shall be made available for inspection by the department and by any law enforcement agency immediately upon request.
(3) Records and documents required by this subsection shall be retained for a period of two years after the sale, lease, rental and other transaction of an article of bedding. Persons engaged in the business of selling, leasing, renting, or storing articles of bedding who cease to do business shall notify the department in writing 30 days prior to such event to advise how they will maintain all records during the minimum two-year retention period. The department, upon receipt of such notification and at its option, may provide instructions for how the records shall be maintained during the required retention period. A person engaged in the business of selling, leasing, renting, or storing articles of bedding shall notify the department that the person has complied with the department's instructions within 30 days of receiving the instructions or make other arrangements approved by the department. Failure to comply may result in disciplinary action.
§205.4.Labeling Requirements.
(a) It shall be unlawful to make any false or misleading
statement on any label or tag required by the Act and these regulations.
[;] It [it] shall be unlawful
for any person to remove, deface, alter, or position any label or
tag or statement thereon for the purpose of defeating the provisions
of the Act and these regulations, except that the label or tag may
be removed by the consumer.
(b) - (j) (No change.)
(k) Labels shall be affixed to the outer covering of bedding articles and shall be so located as to make the label and the information thereon completely and clearly visible to the purchaser at all times. Germicidal treatment label attachment methods shall have prior approval by the department. Specific locations for label attachments shall be as follows:
(1) (No change.)
(2) Articles such as quilted bedspreads, mattress protectors,
quilts, etc., packaged in clear or see-through [see
through] packaging material shall be folded in such a manner
so that the label and printed matter thereon is visible to the purchaser.
(3) (No change.)
(4) Processed filling material identification tag location is optional, except that it shall be securely attached where clearly visible.
(5) - (7) (No change.)
(8) Attaching the label in a location or manner which,
while the article of bedding is on display for sale, conceals the
label from open view to the purchaser shall be considered [as]
a willful act to intentionally defeat the intent of the Act and these regulations.
(l) The different types of required labels and illustrations of each are as follows:
(1) The label attached to bedding wholly manufactured from new materials shall have a minimum size of six square inches and shall state the following, plainly stamped or printed in black ink on all white material:
(A) - (D) (No change.)
(2) The label attached to bedding, any part of which is manufactured or renovated from secondhand or recycled material, other than bedding reworked, repaired, or renovated for the owner for the owner's own use, shall be at least 12 square inches and shall state the following, plainly stamped or printed in red ink on all white material:
(A) - (B) (No change.)
(C) shall be in the following form:
Figure: 25 TAC §205.4(l)(2)(C)
[Figure: 25 TAC §205.4(l)(2)(C)]
(3) The label attached to material or bedding that has been germicidally treated shall be at least 12 square inches and shall state the following, plainly stamped or printed in black ink on all yellow material:
(A) - (F) (No change.)
(G) shall be in the following form:
Figure: 25 TAC §205.4(l)(3)(G)
[Figure: 25 TAC §205.4(l)(3)(G)]
(4) The processed filling material label is an identification label. The type and material of this label is optional. However, the label shall be visible, the printed matter shall be legible, generic terms shall be used as the descriptive terminology, and the processor's identification number assigned by the department shall be stated. Illustrations of a form for this label follow:
Figure: 25 TAC §205.4(l)(4) (No change.)
§205.5.Definitions and Designations of Filling Materials.
(a) (No change.)
(b) Down.
(1) The term "down" by itself may be used for the soft
undercoating of waterfowl consisting of the light fluffy filaments
grown from one quill-point but without any quill shaft. It is
permissible [permissable
] to use the name of the fowl from which
the down is obtained, such as goose down, duck down, etc.
(2) - (4) (No change.)
(5) The tolerance levels for the labeling of down are as follows:
(A) a minimum of 80% down, plumules, and down fiber consisting of:
[;]
(i) [consisting of] down and plumules--minimum of 70%;
and
(ii) [consisting of] down fiber--minimum of 10%;
(B) the remaining 20% may consist of a combination of the following:
(i) - (iv) (No change.)
(v) residue--maximum 2.0%; and/or
(vi) (No change.)
(6) (No change.)
(c) Feathers.
(1) - (9) (No change.)
(10) Feather mixtures [when] from two or
more species shall be designated by name, character, and percentage
by weight of each constituent in order of predominance, or [
mixtures may be designated
] by lowest grade as to species of origin (grades
in descending order: goose, duck, turkey, and chicken).
(d) Foam.
(1) (No change.)
(2) Foam is polymerized material consisting of a mass
of thin-walled cells produced chemically or physically which is created
by the interaction of an ester or [an] ether and
a carbamic acid derivative.
(3) The term "synthetic foam" may be used as a definition in lieu of the following generic terms:
(A) - (D) (No change.)
(E) vinyl foam; or [and]
(F) (No change.)
(4) - (6) (No change.)
(e) Hair.
(1) Hair--The coarse filamentous epidermal outgrowth of such mammals as horses, cattle, hogs, and goats when used in the manufacture of bedding, upholstered furniture, and filling materials. It shall be clean, properly cured, and free from epidermis, excreta, and other foreign or objectionable substances and odors.
(2) (No change.)
(f) Manufactured fibers.
(1) Acetate fiber--Manufactured fiber in which the fiber-forming substance is cellulose acetate. Where not less than 92% of hydroxyl groups are acetylated, the term triacetate may be used as a generic description of the fiber.
(2) - (17) (No change.)
(g) - (i) (No change.)
(j) Gel. Generic term for any filling material of a semi-solid form, typically encased in a leak proof fabric cover and consisting of a mixture of water or other liquid base, dissolved chemicals , and/or a suspension of other chemicals, which provides special ergonomic and resiliency properties.
(k) (No change.)
(l) Universal definitions. The following terms are common industry definitions for fibers obtained as by-products during the various machine operations necessary in the manufacture of cotton yarn up to but not including the process of spinning. These terms must be preceded by the name of the textile fiber from which it is produced.
(1) - (4) (No change.)
(5) Picker, picker motes, or motes--Matted or tangled masses of fiber resulting from the opening and cleaning of fibers in the opener room of the textile mill.
(6) (No change.)
§205.6.Adjunctive Terms.
(a) - (f) (No change.)
(g) Pieces--Urethane foam and rubber products which have been cut or broken into pieces of indefinite shape, size, or form, but not shredded. The term applies to loose as well as cemented or bonded filling material (e.g., urethane foam pieces, latex foam rubber pieces).
(h) - (k) (No change.)
(l) Waste--By-products or reclaimed materials which have the following characteristics:
(1) cotton waste containing more than 10% of hull, leaf, stem, and pulp; or
(2) (No change.)
(m) (No change.)
§205.7.Suggested Terminology for Various Fiber By-Products.
(a) (No change.)
(b) Examples of terminology for blended filling materials
consisting of various unknown kinds and percentages of fibers, threads,
fabric pieces, etc., and which have [has] been
processed into a pad or felt form are as follows:
(1) - (4) (No change.)
(c) (No change.)
§205.8.Germicidal Treatment Requirements; Methods.
(a) General Requirements.
(1) Secondhand bedding articles.
(A) - (C) (No change.)
(D) New bedding and new floor model bedding that has also been used for another purpose, or that has been previously sold, leased, rented or otherwise distributed to the public is secondhand bedding and is subject to all secondhand bedding regulations.
(2) Renovated bedding articles.
(A) - (B) (No change.)
(C) The outer covers on secondhand mattresses and box springs to be
renovated [enovated] or rebuilt
for resale shall be removed to expose the concealed filling materials.
Materials described in paragraph (2)(B) of this subsection shall be
removed and discarded. When the chemical method of germicidal treatment
is used, the mattresses and box springs shall be treated prior to
the installation of new covers. Secondhand covers shall not be reused
regardless of the germicidal treatment method.
(b) Treatment methods.
(1) Chemical spray.
(A) (No change.)
(B) Mechanical, compressed air, hand pump, or electric
sprayers must be used and they must be of the continuous spray type.
No intermittent [intermittant] spray devices
are allowed.
(C) - (G) (No change.)
(2) Dry heat.
(A) (No change.)
(B) The dry heat chamber shall be equipped with a recording
clock to accurately record the time and temperature. The clock shall
be attached on the outside of the chamber and the heat bulb sending
unit must be installed within the chamber at the furthest
[furtherest] point practical from the entry of the heat.
(C) - (D) (No change.)
(3) Steam.
(A) (No change.)
(B) An alternate method may consist of two applications
of streaming steam, maintained for a period of one hour each, to be
applied at intervals of no [not] less than six
hours and no [nor] more than 24 hours.
(4) - (6) (No change.)
§205.9.Sanitary Premises.
Every person engaged in the business of manufacturing, renovating,
[or] processing, or germicidally treating
bedding and/or bedding materials
, except permitted germicidal treatment
operators treating 10 or fewer items of bedding each week, shall
keep each business location in a sanitary condition by complying with
the following minimum requirements.[:]
(1) (No change.)
(2) All work rooms shall be well-ventilated [
well ventilated], and high dust counts, odors, and stale air
shall not be permitted. Dust control measures may include the housing
or partitioning of dust-producing [dust producing]
machinery from other work rooms and the installation of metal hoods
and extraction fans over dust-producing [dust producing]
machinery.
(3) - (4) (No change.)
(5) Walls and ceilings of all rooms where materials
are stored, processed, or otherwise used in the manufacturing or renovating
of bedding, shall be of tight, smooth construction; [,
] shall be painted; [,] and shall be kept
clean and in good repair. Cracks or recesses which would tend to harbor
vermin and pathogens shall not be allowed.
(6) (No change.)
(7) There shall be no living quarters in the rooms, or opening directly into the rooms, where materials are stored, processed or otherwise used in the manufacturing or renovating of bedding.
(8) (No change.)
(9) Adequate and clean hand-washing [hand washing
] facilities shall be provided. One lavatory (wash basin)
with adequate and acceptable water supply shall be provided for every
20 employees or portion thereof up to 100 persons and one lavatory
(wash basin) for each additional 25 persons or portions thereof. Soap
or a suitable cleaning agent shall be provided at each lavatory.
(10) (No change.)
§205.10.Sanitary Premises, Standards for Certain Permitted Germicidal Treatment Operators.
Every person engaged in the business of germicidally treating no more than 10 items of bedding each week shall maintain each business location in a sanitary condition by complying with the following minimum requirements.
(1) Adequate housing and floor space shall be provided to prevent crowding of materials and equipment and to allow for the practice of cleanliness and sanitation. Articles of bedding and processed bedding materials used in bedding shall be securely housed at all times and may not be exposed to the elements.
(2) All work rooms shall be well-ventilated and high dust counts, odors, and stale air shall not be permitted. Dust control measures may include the housing or partitioning of dust producing machinery from other work rooms and the installation of metal hoods and extraction fans over dust-producing machinery.
(3) All work rooms shall be well lighted.
(4) The floors of all rooms in which bedding and materials are stored, processed, or otherwise used in bedding or in the germicidal treatment of bedding, shall be of such construction as to be easily cleaned, and shall be kept clean and in good repair.
(5) Walls and ceilings of all rooms where bedding and materials are stored, processed, or otherwise used in bedding or in the germicidal treatment of bedding, shall be kept clean and in good repair. Cracks or recesses that would tend to harbor vermin and pathogens shall not be allowed.
(6) All buildings, rooms therein, and immediate surroundings shall be kept in neat and clean condition. All rooms and surroundings shall be free of rubbish, trash, discarded equipment, or other unnecessary articles that may promote unsanitary conditions.
(7) There shall be no living quarters in the rooms, or opening directly into the rooms where bedding and materials are stored, processed or otherwise used in bedding or in the germicidal treatment of bedding.
(8) Clean toilet facilities of a type acceptable to the department shall be provided.
(9) Adequate and clean hand-washing facilities shall be provided. One lavatory (wash basin) with adequate and acceptable water supply shall be provided for every 20 employees or portion thereof up to 100 persons and one lavatory (wash basin) for each additional 25 persons or portions thereof. Soap or a suitable cleaning agent shall be provided at each lavatory.
(10) A water supply and drinking fountain acceptable to the department shall be provided. Paper cups with dispenser may be used instead of a fountain. The use of a common drinking cup is prohibited.
§205.11.Permit Requirements; Types; Application; Conditions; Suspension.
(a) General requirements.
(1) - (4) (No change.)
(5) [Prior to January 1, 2005, the term of all
licenses is one-year and expires on the anniversary of the effective
date, unless renewed.] Effective January 1, 2005, the term of all
permits [licenses] is two years. [Some
licenses will be renewed for a one-year term in 2005, in a manner
to be determined by the department and two years thereafter.]
The department may prorate permit fees as appropriate to provide for
a common expiration date for persons holding and/or applying for more
than one permit.
(6) (No change.)
(b) Types of permit and permit fees.
(1) - (3) (No change.)
(4) Wholesaler/Distributor Permit. Required of all
wholesalers and distributors of bedding articles or filling materials
prior to shipping such articles or filling materials into this state
for the purpose of resale. Permit fees are graduated based on the
number of articles or units of filling materials the wholesaler/distributor
is requesting authorization to ship during the permit period. The
fees are set out in [Schedule B,] subsection (b)(3) of
this section.
(5) Importer Permit. Required of all importers of bedding
articles or filling materials prior to shipping such articles or filling
materials into this state for the purpose of resale. Permit fees are
graduated based on the number of imported articles or units of filling
materials the importer is requesting authorization to ship during
the permit period. The fees are set out [in Schedule B]
in subsection (b)(3) of this section.
(6) - (8) (No change.)
(c) Permit application.
(1) Application for an initial permit or to renew an expiring permit must be made through the department on an approved application form which may be obtained from the Product Safety Program, Environmental and Sanitation Licensing Group, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756.
(2) A separate permit application must be
completed and submitted for each specific [permit applied for
at each specific] business location or plant location.
(3) (No change.)
(4) Additional information that may be required by the department includes the following:
(A) a copy of current permit(s) [permits] or
license(s) [licenses] issued by another state[,
] or states;
(B) a copy of the most recent bedding inspection report if the business or plant is located in a city, county, state or country that has bedding laws and regulations and conducts inspections;
(C) - (D) (No change.)
(E)a confirmation of compliance with applicable federal flammability standards for mattresses and mattress pads or test results from an independent testing facility acceptable to the department;
(F) an explanation of the germicidal treatment method to be applied to second-hand articles of bedding; and
(G) (No change.)
(d) Permit conditions.
(1) - (4) (No change.)
(5) Each person required to obtain a permit shall maintain each business location in a sanitary condition free from refuse, dirt contamination, insects, and vermin that complies with §205.9 of this title (relating to Sanitary Premises) or §205.10 of this title (relating to Sanitary Premises, Standards for Certain Permitted Germicidal Treatment Operators), as applicable.
(A) A permit holder who is required to comply with the sanitary premises requirements of §205.9 of this title and also germicidally treats no more than 10 items of bedding each week in the same facility must comply with the sanitary premises requirements of §205.9 of this title.
(B) The holder of a germicidal treatment permit who germicidally treats no more than 10 items of bedding at the permit holder's place of business each week is exempt from any additional requirements regulating the sanitary condition of a permit holder's place of business adopted under the Texas Health and Safety Code, §345.045(b).
(6) - (7) (No change.)
(e) Permit denial, suspension, revocation.
(1) An application for permit issuance or renewal will
be denied by the department if the applicant fails or refuses to provide
a complete application, pay the appropriate permit fee, provide requested
information or product samples or test results, or if the business
location or plant location is not in a sanitary condition in violation
of the Act or these [and] regulations.
(2) (No change.)
(3) A permit may be suspended or revoked by the department
if the permit holder fails to maintain the permitted business location
or plant location in a sanitary condition; [,]
manufactures or renovates and sells mattresses or mattress pads that
do not comply with federal flammability standards; [,]
fails to germicidally treat articles of used bedding prior to resale;
[,] or commits any other or repeated violations
of the Act or these regulations.
§205.12.Administrative Penalty.
(a) - (e) (No change.)
(f) Violations shall be placed in one of the following
severity levels. [:]
(1) Critical violation. Severity Level III includes
the types of violations that are the most significant and present
a threat to public health and safety. The base penalty for a first
violation will generally not exceed $10,000 per day, per violation.
The same violation continuing after written notification by the department
constitutes [constitute] separate violations. Examples
of Severity Level III violations include but are not limited to:
(A) - (J) (No change.)
(2) - (3) (No change.)
(g) - (n) (No change.)
§205.13.Detained or Embargoed Bedding.
(a) - (b) (No change.)
(c) The notice or marking on detained or embargoed
bedding must warn all persons not to use the bedding, remove the bedding
from the premises, or dispose of the bedding by sale or otherwise
until permission for use, removal, or disposal is given by the commissioner,
an [the] authorized agent, or a court.
(d) A person may not use detained or embargoed bedding,
remove detained or embargoed bedding from the premises, or dispose
of detained or embargoed bedding by sale or otherwise without permission
of the commissioner, an [the] authorized agent,
or a court.
(e) (No change.)
§205.14.Removal Order for Detained or Embargoed Bedding.
(a) - (c) (No change.)
(d) The commissioner may request the attorney general
to bring an action in the district court in Travis County to recover
the costs of the transfer. In a judgment [judgement]
in favor of the state, the court may award costs, attorney fees, court
costs, and interest from the time the expense was incurred through
the time the department was reimbursed.
§205.15.Condemnation.
Action [An action] for [the]
condemnation of bedding may be brought before a court in whose jurisdiction
the bedding is located, detained, or embargoed if the bedding violates
the Act or these regulations.
§205.16.Recall Orders.
(a) - (f) (No change.)
(g) If the claimant or the claimant's agent fails or
refuses to carry out the recall order in a timely manner[,]
the commissioner may provide for the recall of the bedding. The costs
of the recall shall be assessed against the claimant of the bedding
or the claimant's agent.
(h) (No change.)
§205.17.Inspection.
(a) To determine compliance with the Act or regulations,
an authorized representative, or representatives, may enter a
location [place] at which:
(1) - (3) (No change.)
(b) - (c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 29, 2008.
TRD-200801241
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 458-7111 x6972
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Department of State Health Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeal is authorized by Health and Safety Code, §345.0435; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. The proposed repeal of this rule is authorized by Government Code, §2001.039, which requires each state agency to review and consider for readoption each rule adopted by the agency pursuant to the Government Code, Chapter 2001.
The proposed repeal affects the Health and Safety Code, Title 5, Chapter 345.
§205.10.Adjustments to the Minimum Requirements.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 29, 2008.
TRD-200801242
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 458-7111 x6972