Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules Customer Service and Protection 16 TAC sec.23.43 The Public Utility Commission of Texas adopts an amendment to sec.23.43, concerning accrual of interest on customer deposits, without changes to the proposed text as published in the August 9, 1991, issue of the Texas Register (16 TexReg 4322). The amendment clarifies that interest on customer deposits shall be compounded on an annual basis. The following submitted comments in response to the August 9, 1991, Texas Register publication: Southwestern Bell Telephone Company, Hous ton Lighting and Power, Ben Sanford & Associates, Inc., and GTE Southwest, Inc. The comments received indicate support for the objectives of the amendment. There were no objections to the proposal. Southwestern Bell Telephone Company expressed concern over another section of the rule which had no effect on the proposed amendment to subsection (c)(3). The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16(a), which provide the Public Utility Commission of Texas with the authority to make and enforce the rules reasonably required in the exercise of its powers and jurisdiction. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1991. TRD-9113467 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Effective date: November 20, 1991 Proposal publication date: August 9, 1991 For further information, please call: (512) 458-0100 16 TAC sec.23.45 The Public Utility Commission of Texas adopts an amendment to sec.23.45, with changes to the proposed text as published in the August 9, 1991, issue of the Texas Register (16 TexReg 4323). The amendment clarifies that interest on overcharges that are not adjusted by the utility within three billing cycles of the bill in error shall be compounded annually. The change to the amendment also clarifies that the interest on undercharged amounts resulting from meter tampering, bypass, or diversion by the customer will also be compounded on an annual basis. The following submitted comments in response to the August 9, 1991, Texas Register publication: Houston Lighting and Power, Ben Sanford & Associates, Inc., Southwestern Bell Telephone Company, Phone Billing Examiners, and Texas- New Mexico Power Company. The comments received indicate support for the objectives of the amendment. There were no objections to the proposal. However, concern was expressed that some utilities are not paying interest on billing errors prior to February 1989, the effective date of subsection (g). The commission has always interpreted this rule as requiring utilities to calculate interest due for the entire period of the overbilling. If some utilities are not calculating the interest in the appropriate manner, they are in direct violation of this rule. In the interest of equity, and in response to comments by Texas-New Mexico Power Company, one change has been made to the text as published in the August 9, 1991, Texas Register. This change requires the interest on undercharged amounts that result from meter tampering, bypass, or diversion by the customer to be compounded annually. The amendment is adopted under Texas Civil Statutes Article 1446c, sec.16(a), which provide the Public Utility Commission of Texas with the authority to make and enforce the rules reasonably required in the exercise of its powers and jurisdiction. sec.23.45. Billing. (a)-(f) No change. (g) Overbilling and underbilling. If billings for utility service are found to differ from the utility's lawful rates for the service being purchased by the customer, or if the utility fails to bill the customer for such service, a billing adjustment shall be calculated by the utility. If the customer is due a refund, an adjustment shall be made for the entire period of the overcharges. If an overcharge is adjusted by the utility within three billing cycles of the bill in error, interest shall not accrue. Unless otherwise provided in this section, if an overcharge is not adjusted by the utility within three billing cycles of the bill in error, interest shall be applied to the amount of the overcharge at the rate set by the commission annually for a calendar year. That rate shall be based on an average of prime commercial paper rates for the previous 12-month period. Interest on overcharges that are not adjusted by the utility within three billing cycles of the bill in error shall accrue from the date of payment unless the utility chooses to provide interest to all of its affected customers from the date of the bill in error. All interest shall be compounded annually. Interest shall not apply to leveling plans or estimated billings that are authorized by statute or rule. Interest shall not apply to undercharged amounts unless such amounts are found to be the result of meter tampering, bypass, or diversion by the customer, as defined in sec.23.47(f) of this title (relating to Meters). Interest on undercharged amounts shall also be compounded on an annual basis and shall accrue from the day the customer is found to have first tampered, bypassed, or diverted. If the customer was undercharged, the utility may backbill the customer for the amount which was underbilled. The backbilling is not to exceed six months unless the utility can produce records to identify and justify the additional amount of backbilling or unless such undercharge is a result of meter tampering, bypassing, or diversion by the customer as defined in sec.23.47(f). However, the utility may not disconnect service if the customer fails to pay charges arising from an underbilling more than six months prior to the date the utility initially notified the customer of the amount of the undercharge and the total additional amount due unless such undercharge is a result of meter tampering, bypassing, or diversion by the customer as defined in sec.23.47(f). If the underbilling is $25 or more, the utility shall offer the customer a deferred payment plan option for the same length of time as that of the underbilling. In cases of meter tampering, bypass, or diversion, a utility may, but is not required to, offer a customer a deferred payment plan. (h)-(n) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1991. TRD-9113468 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Effective date: November 20, 1991 Proposal publication date: August 9, 1991 For further information, please call: (512) 458-0100 16 TAC sec.23.56 The Public Utility Commission of Texas adopts an amendment to sec.23.56, concerning the assessment of charges to local exchange carriers (LECs) and other telecommunications utilities, with changes to the proposed text as published in the August 16, 1991, issue of the Texas Register (16 TexReg 4441). The section provides for the establishment of a statewide telecommunications dual-party relay service for the hearing-impaired and speech-impaired using special equipment such as telecommunications devices for the deaf (TDDs), computers, and operator translations. The section establishes a basis for the assessment of charges to local exchange carriers and other telecommunications utilities. Assessments shall be made based on traffic patterns. The following submitted comments in response to the August 16, 1991, Texas Register publication: GTE Southwest Incorporated (GTE); MCI Telecommunications Corporation (MCI); Office of Public Utility Counsel (OPUC); Southwestern Bell Telephone Company (SWBT); Texas Association of the Deaf (TAD); Texas Statewide Telephone Cooperative (TSTCI); and the Texas Telephone Association (TTA). The Americans with Disabilities Act (ADA) of 1990 provides a comprehensive national mandate for the elimination of discrimination against individuals with disabilities. More specifically, Title IV of the ADA mandates the establishment of interstate and intrastate telecommunications relay services, to provide to the hearing-impaired and speech-impaired telephone services that are functionally equivalent to those provided to other customers. In order to fulfill the ADA's mandate, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) in CC Docket Number 90-571 on November 8, 1990, proposing rules which implement the provisions of Title IV of the ADA (CC Docket Number 90-571, Notice of Proposed Rulemaking , November 8, 1990). The ADA requires the FCC to prescribe necessary rules and regulations to carry out the requirements of Title IV and prescribes that each common carrier providing telephone voice transmission services shall, no later than July 26, 1993, provide relay service. On July 26, 1991, the FCC released its Report and Order and Request for Comments in CC Docket Number 90-571. (CC Docket Number 90-571, Report and Order and Request for Comments, July 26, 1991). This order amends the FCC rules to require that all telecommunications carriers provide relay services either individually, through a competitively selected vendor or in concert with other carriers no later that July 26, 1993. The order also establishes mandatory minimum standards for operational, technical, and functional procedures for relay services. In addition, the FCC requested comments on cost recovery mechanisms for relay services. House Bill 174, passed by the 71st Texas Legislature, established a relay service in Texas. This service has been in operation since September 1, 1990. In addition to intrastate service, outbound interstate service has been offered by the relay carrier. Currently, the cost of providing the outbound interstate service is not reimbursed through the universal service fund (USF). The proposed amendments to sec.23.56 added the requirement that the relay service provide both inbound and outbound interstate service until interstate service is provided pursuant to FCC rules. Id. The proposed amendments would allow the cost of interstate service to be reimbursed through the USF. In their comments, SWBT and TTA expressed concern that the proposed revisions to the rule requiring the provision of both inbound and outbound interstate service appear to be in conflict with the intent of the Texas Legislature and the PUC's substantive rules, which provide for a statewide relay service. However, both parties firmly supported the public policy goals inherent in full interstate capability. As TTA stated: "[t]he benefits of the public policy issues surrounding provision of the relay service must always be weighted against the legislative intent established in the statute and the legal and jurisdictional issues that emanate from interpreting that intent." In light of this, SWBT and TTA support the temporary funding of interstate relay service by the USF. GTE expressed their support for the interim provision of full interstate capability. TTA recommended that the date when federal guidelines for the provision of interstate relay calling become effective, July 26, 1993, be included in proposed subsection (d)(2)(K). In its comments, TAD expressed full support of the addition of full interstate capability: "[B]y adding inbound calls, Texas consumers who cannot hear or speak will receive equal services to those already provided to customers who can hear and speak." In their comments, both OPUC and TSTCI expressed concerns regarding the commission's authority to establish, fund, and set rates for an interstate service. However, OPUC commented that the proposed rule's mirroring of the current rule's language involving intrastate long distance charges is "appropriate" and consistent with the statutory standard set out in the Public Utility Regulatory Act (PURA), sec.96A. TSTCI contended that the proposed amendments are "premature and unnecessary," in light of the current discussion at the federal level in CC Docket 90-571. TSTCI believes that the commission has neither the jurisdiction to set interstate rates, as proposed, nor the authority to provide a funding mechanism for an interstate service. Furthermore, TSTCI contended that the proposed funding mechanism could force carriers into violation of the FCC rules in CC Docket Number 90-571. According to TSTCI, since the funding issue will be resolved within a few months when the FCC has completed its rulemaking in the previous docket, there is no need for an interim funding mechanism. Once all states have established their respective relay systems, there will be no need for the inbound feature. The commission is not convinced by the commenting parties that the provision of full interstate capability is contrary to the legislative intent of the statute. However, in light of the concerns expressed following regarding assessments for the cost of the interstate service, the commission has decided to postpone adoption of the revisions to the rule concerning the provision of full interstate capability and the funding mechanism for the interstate portion of the service. The commission will publish at a later date another proposal for providing interstate service with a more detailed proposal for interstate assessments. Only those proposed amendments relating to the assessment methodology for intrastate calls will be adopted at this time. Many of the commenting parties expressed concern that the proposed assessment methodology would not provide for the clear separation of intrastate and interstate calls. Both SWBT and TSTCI expressed concern that the aggregation of intrastate and interstate traffic in determining the assessment to LECs and other carriers could force carriers into violation of FCC rules. The FCC's report in CC Docket Number 90-571, issued July 26, 1991, prohibits a carrier from recovering the cost of interstate relay service through a separately identified surcharge on the customer's bill. Id. TSTCI commented that if an LEC chooses to recover its assessment through such a "pass through" provision and if interstate and intrastate costs have not been separately identified, the LEC would be in violation of FCC rules. TSTCI contended that as currently written, the proposed amendment to this section could cause carriers to incur a revenue shortfall as they absorb interstate costs which cannot be recovered through a line item charge on customer bills. TSTCI recommended that the commission further study this issue and propose an alternative funding mechanism that is consistent with FCC rules. SWBT suggested that the commission develop a new assessment methodology in which the USF administrator will assess carriers separately for intrastate and interstate costs. This will enable carriers to properly determine the intrastate portion of their assessment which can be recovered via the USF surcharge. SWBT proposed revisions to the rule to ensure that it is not in conflict with the newly adopted FCC relay service rule. SWBT's suggested language to be inserted in subsection (h)(1) states that the aggregate calling pattern shall be considered individually for interstate and intrastate service. Additionally, SWBT recommended that interstate service costs be calculated by the carrier (i.e. , the dual-party relay service provider) in accordance with FCC Part 36 rules regarding separation of interstate and intrastate. TTA supported SWBT's suggestions to amend the assessment methodology to provide for the clear separation of interstate and intrastate costs. Similarly, GTE urged the commission, in setting the appropriate assessment percentages, to require that the costs of the service be funded by the carrier receiving revenue from the service. Thus, the costs of interstate traffic should be funded solely by interexchange carriers (IXCs). This is appropriate because the IXCs receive "all of the benefits of carrying interstate traffic." In its comments, TSTCI suggested modifications to the proposed revisions, if the commission decides to adopt the proposed rule change. TSTCI maintained that subsection (d)(3) should remain intact with minor modifications, and not be deleted in its entirety, as proposed: "...it is important to retain Part 36 as the basis for separating cost associated with dual relay service." TSTCI suggested rewording the subsection to allow interstate service to receive funding through the USF, and adding the following to the end of the subsection: "...until such time as the dual-party relay system is certified by the FCC and a funding mechanism is established." While concerns regarding separation of interstate and intrastate costs will be more fully addressed at the time the proposed revisions for full interstate capability are published for comment, it is evident that some clarification is necessary as to what is meant by "costs" of the service. Many of the commenting parties emphasized the necessity of separating intrastate and interstate costs in accordance with FCC Part 36 separations procedures. However, the current relay carrier is not subject to FCC Part 36 separations procedures. Furthermore, the USF reimburses the relay carrier at a contracted rate per minute of service. This contracted rate does not necessarily reflect the "cost" to the carrier of providing the relay service. In light of this, the commission considers the "cost" of the service to be the amount paid to the relay carrier based on the contracted rate per minute of service. Language to clarify this issue will be included at the time the proposed revisions for full interstate capability are published for comment. SWBT commented that once the interstate/intrastate separation is made, LECs should only be assessed for intrastate costs based upon the percentage of local calls placed using the relay service. The costs of all toll calls should be recovered from IXCs. Regarding the assessment of charges, TSTCI commented that the commission needs to clarify what is meant by "aggregate calling patterns," by explicitly stating that it refers to local/toll segregation. It is apparent from the previous comments that some clarification is required as to how the commission intends to use aggregate calling patterns as a basis for setting the appropriate assessment percentages. The commission has inserted language into subsection (h)(1) which more specifically describes how traffic patterns are to be used in setting the assessments for LECs and other telecommunications utilities. Assessment percentages will be based on the aggregate calling pattern of the users of the service. LECs and other telecommunications utilities will be assessed according to the type of traffic they carry. The assessment percentage assigned to the LECs will be based on local calls completed through the relay service and a share of the intrastate toll calls completed through the relay service that represents the LECs' carriage of intraLATA toll calls. The commission disagrees with SWBT's assertion that LECs only be assessed for local calling. Since LECs carry intraLATA toll traffic, they should be assessed for a portion of the intrastate toll traffic. The assessment percentage assigned to other telecommunications utilities will be based on a share of the intrastate toll calls completed through the relay service that represents the other telecommunications utilities' carriage of intrastate toll calls. In its comments, MCI expressed concern that the proposed amendments to subsection (h)(1) could possibly be interpreted to mean that the commission would publish in the Texas Register the percentage of relay service expenses assessed to each individual IXC. MCI suggested the addition of the following language to clarify the subsection to eliminate any possible ambiguity: "As used herein, the term 'assessment percentages' means the proportion of the dual-party relay service expenses which is to be recovered from LECs and the proportion which is to be recovered from all other telecommunications utilities. " The commission concurs with MCI in that clarification of the term "assessment percentages" would avoid the possibility of ambiguity. The commission has included in subsection (h)(1) language similar to MCI's suggested language. SWBT, TTA, and OPUC objected to the proposed deletion of the language currently in subsection (h)(1) referencing consideration of "public interest factors" along with traffic patterns in determining the appropriate assessment percentages. OPUC commented that the proposed amendment omits the statutory language found in PURA, sec.96(A)(d) and that "other considerations must be reviewed, especially since this service is an important component of universal service." However, OPUC did not mention any other factors which might be relevant in setting the assessment percentages. TTA commented that the intent of this language when it was made a part of House Bill 174 was to provide the commission with "a means of weighing the financial impact on certain classes of ratepayers when determining the cost of providing TDD service." For example, the potential burden of having local exchange customers absorb Relay Texas costs based on calling patterns may violate a public interest perspective of keeping local rates at a certain level. TTA thus suggests that one of these public interest factors be "the financial impact of having one class of customers bear a disproportionate share of TDD costs." Furthermore, TTA suggested that an opportunity to discuss what public factors the commission has taken into consideration should be given. This could take the form of a public hearing, or an informal meeting to be held prior to a request for comments regarding the percentages and issues under consideration. In its request for comments to the proposed rule changes, the commission asked commenting parties to suggest which public interest factors, in addition to traffic patterns, should be considered in setting the appropriate assessment percentages for LECs and other telecommunications utilities. With the exception of TTA, none of the commenting parties offered a public interest factor to be considered. The commission believes that TTA is concerned that the portion of the relay service cost passed through to subscribers of local exchange service may be so great that subscribers would be forced to discontinue their local service. The anticipated cost to local ratepayers if the costs of providing relay service are passed through in the form of a universal service fund surcharge is in the range of only a few cents per month per telephone line. The commission does not consider this to be a substantial enough concern to sway the commission from using traffic patterns in setting the appropriate assessment percentages. In the absence of any other public interest factors, the commission contends that the aggregate calling pattern of the users of the service shall be the basis for setting the appropriate assessment percentages. Since, after considering the possibility of other factors, the commission has determined that traffic patterns will be the only factor used to set the assessment percentages, the commission maintains that is appropriate to delete the language referencing consideration of other public interest factors. In the future, if a party can demonstrate that public interest factors should influence the assessment calculation, the section can be revised. SWBT and TTA urged the PUC to initiate certification proceedings for Relay Texas with the FCC in compliance with Part 64, Subpart F of its rules. The commission is currently investigating the procedures for FCC certification. GTE recommended that a suitable mechanism be drafted in the rule to allow affected parties to contest the assessment specified by the commission. The commission believes that the comment period is the appropriate time to contest the assessment that was proposed. If GTE or any other party wishes to change the assessment at a later date, it can petition the commission to change the rule. TSTCI commented that subsection (d)(4)(E) concerning billing and collection, needs to be clarified as it relates to the provisions in the rule regarding interstate service. TSTCI does not believe the commission has the jurisdiction to require an LEC to enter into an interstate billing and collection agreement. Although the revisions to the rule related to the provision of full interstate capability will not be adopted at this time, the commission disagrees with TSTCI's assertion that subsection (d)(4)(E) needs to be amended as a result of the provision of interstate service. Currently, LECs provide billing for the relay service carrier for outbound interstate calls. The addition of inbound interstate calls should not adversely affect the LECs, since they are already providing billing for outbound interstate calls using the relay service. In addition, TSTCI suggested that, for consistency, the commission add language for dual-party relay funding to the commission's current universal service fund rule, sec.23.53, currently being revised under Project Number 9942. This concern should be addressed in comments to Project Number 9942. The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.96A, which provide PUC with the authority to make and to enforce rules establishing a statewide telecommunications relay access service for the hearing-impaired and speech-impaired. sec.23.56 Statewide Dual-Party Relay Service. (a)-(c) (No change.) (d) Dual-party relay service. The dual-party relay service shall provide the hearing-impaired and speech-impaired with access to the telecommunications network in Texas equal to that provided other customers. (1) (No change.) (2) Components of the dual-party relay service. The dual-party relay service shall consist of the following: (A)-(I) (No change.) (J) capability for callers to be able to place calls through the dual-party relay service from locations other than their primary location and utilize alternate billing arrangements; and (K) other service enhancements proposed by the relay service carrier and approved by the commission. (3) Scope of the dual-party relay service. The dual-party relay service should not duplicate any interstate relay services. However, the dual-party relay service should be capable of accommodating any interstate relay service that may be authorized and funded through federal jurisdiction. Additionally, interstate calling capability service may be offered as a service enhancement by the carrier. Any interstate service offered as a service enhancement cannot be reimbursed through the universal service fund and shall be calculated by the carrier in accordance with Federal Communications Commission Part 36 rules regarding separation of interstate and intrastate costs. (4) Rates and charges. The following rates and charges shall apply to the dual- party relay service. (A)-(B) (No change.) (C) Access charges. Local exchange carriers shall not impose access charges on calls that make use of this service and which originate and terminate within the same toll-free local calling scope. (D) Billing and collection services. Upon request by the relay service carrier, local exchange carriers shall provide billing and collection services in support of this service at just and reasonable rates. (e)-(g) (No change.) (h) Universal service fund assessment. (1) Assessment of charges to local exchange carriers (LECs) and other telecommunications utilities. The commission shall set the appropriate assessment percentages for the funding of the service by all telecommunications utilities. As used herein, the term "assessment percentages" means the proportion of the dual-party relay service expenses which is to be recovered from the LECs and the proportion which is to be recovered from other telecommunications utilities. (A) In setting the appropriate assessment percentages for funding of the service, the commission shall consider the aggregate calling pattern of the users of the service. (i) The assessment percentage assigned to the LECs will be based on: (I) local calls completed through the relay service; and (II) a share of the intrastate toll calls completed through the relay service that represents the LECs' carriage of intraLATA toll calls. (ii) The assessment percentage assigned to other telecommunications utilities will be based on a share of the intrastate toll calls completed through the relay service that represents the other telecommunications utilities' carriage of intrastate toll calls. (B) The commission shall review the assessment percentages annually and adjust the assessment percentages as found appropriate hereunder. Notification of the new assessment percentages will be made by publishing such assessment percentages in the Texas Register. The commission staff will notify the administrator of the universal service fund of the new assessment percentages. (2)-(3) (No change.) (i)-(m) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1991. TRD-9113469 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Effective date: November 20, 1991 Proposal publication date: August 16, 1991 For further information, please call: (512) 458-0100 Part VIII. Texas Racing Commission Chapter 301. Definitions. 16 TAC sec.301.1 The Texas Racing Commission adopts an amendment to sec.301.1, concerning definitions, with changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5032). The amendment is adopted to ensure that the rules of the commission are consistent with state law and are easily understood by its licensees. The amendment clarifies the definitions relating to simulcasting and other definitions added to the Texas Racing Act in the last regular legislative session. The change from the proposed text deletes the new definition of a simulcast race date. That definition will be included in the commission's rules if necessary. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and under sec.11.011, which authorize the commission to adopt rules to implement pari-mutuel wagering on simulcast races. sec.301.1. Definitions. The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. Applicant-A person with a legal, equitable, or beneficial interest in a license application. Common pool-A pool in which the wagers received at a receiving location are combined with the wagers received at a sending racetrack. Corporation-An incorporated entity, either for profit or not for profit. Credential-A license, certificate, identification card, or other document indicating or representing authority or permission under the Act. Encrypted-Scrambled or otherwise manipulated audio-visual signals to mask the original video content of the signal to cause the signals to be indecipherable and unrecognizable to any person receiving the signal. Live pari-mutuel pool-The total amount of money wagered by patrons on the result of a particular live race or combination of live races within the enclosure of the racetrack association where the race is being run. Mixed meet-A live horse race meeting in which more than one breed of horse participates. Receiving location -A licensed racetrack association in this state that has been allocated live and simulcast race dates or a facility not located in this state that is authorized to conduct wagering under the law of the jurisdiction in which it is located. Sending track-A licensed track for racing in this state or out-of-state from which a race is transmitted. Simulcast-The telecast or other transmission of live audio and visual signals of a race, transmitted from a sending track to a receiving location, for the purpose of wagering conducted on the race at the receiving location. Simulcast pari-mutuel pool-The total amount of money wagered by patrons at a licensed racetrack association in Texas on the result of a particular simulcast race or combination of simulcast races. Steward-A racing official with general authority and supervision over: (A) the conduct of a licensed race meeting; and (B) all licensees at a racetrack during a race meeting. Uplink-An earth station broadcasting facility, whether mobile or fixed, which is used to transmit audio-visual signals and/or data emanating from a sending racetrack, and includes the electronic transfer of received signals from the receiving antenna to TV monitors within the receiving location. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113624 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.4 The Texas Racing Commission adopts an amendment to sec.305.4, concerning application site, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4595). The section is adopted to ensure that racing with pari-mutuel wagering is conducted with the utmost integrity and with fairness to all licensees. The amendment clarifies the site for filing license application forms. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113625 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.5 The Texas Racing Commission adopts an amendment to sec.305.5, concerning fingerprints, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5032). The section is adopted to ensure that racing with pari-mutuel wagering is conducted with the utmost integrity. The amendment clarifies who is required to submit fingerprints for a license. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for administering the Texas Racing Act, and sec.5.03, which require the submission of fingerprints for all types of racing licensees. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113626 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.7 The Texas Racing Commission adopts an amendment to sec.305.7, concerning duration of license, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5032). The section is adopted to ensure that racing with pari-mutuel wagering is conducted with the utmost integrity. The amendment clarifies the expiration date of licenses issued by the commission. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.7.07 and sec.6.18, which describe the duration of licenses issued by the commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113627 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.10 The Texas Racing Commission adopts an amendment to sec.305.10, concerning security for compliance, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5032). The section is adopted to ensure that racing with pari-mutuel wagering is conducted with the utmost integrity and with fairness to all licensees. The amendment clarifies the procedure for providing security by a racetrack association to ensure compliance with the Act and rules of the commission. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.04, which describe the security requirements for racetrack licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113628 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.11 The Texas Racing Commission adopts an amendment to sec.305.11, concerning criminal history record, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5033). The section is adopted to ensure that the commission's records are available to the public in accordance with state law. The amendment clarifies the requirements relating to the release of criminal history information. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.5.04, which describe the requirements relating to the release of criminal history information. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113629 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 Subchapter A. General Provisions 16 TAC sec.305.12 The Texas Racing Commission adopts the repeal of sec.305.12, concerning references, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4595). The section is repealed so that the commission's rules are effective and efficient for the licensing department. The section is repealed because it is unnecessary to the effective operation of the commission's licensing program. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113623 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Subchapter B. Individual Licenses General Provisions 16 TAC sec.305.32 The Texas Racing Commission adopts the repeal of sec.305.32, concerning licensing committee, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4595). The section is repealed so that pari-mutuel racing will be conducted with utmost integrity. The section is repealed because it is unnecessary to the effective operation of the commission's licensing program. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113622 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.33 The Texas Racing Commission adopts new sec.305.33, concerning license badge, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5033). The amendment is adopted to ensure that the license program of the commission will be conducted efficiently and effectively. The amendment clarifies the information that a license badge must contain. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.7.06, which describe the requirements for license badge. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113630 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 Specific Licensees 16 TAC sec.305.44 The Texas Racing Commission adopts new sec.305.44, concerning trainer, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4596). The amendment is adopted to ensure that pari-mutuel racing will be conducted by qualified licensees. The amendment clarifies the requirements for a trainer to be licensed by the commission. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.7.02, which authorize the commission to prescribe the qualifications of various categories of licensees. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113631 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.49 The Texas Racing Commission adopts new sec.305.49, concerning emergency license, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4596). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity and fairness to all licensees. The amendment clarifies the expiration date of an emergency owner's license. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113632 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.50 The Texas Racing Commission adopts new sec.305.50, concerning mutuel employees, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4596). The section is adopted to ensure that pari-mutuel racing will be conducted by qualified licensees. The section clarifies the age requirement to be licensed as a mutuel clerk. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.7.02, which authorize the commission to adopt categories of licenses for the various occupations licensed under the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113633 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Subchapter C. Racetrack Licenses General Provisions 16 TAC sec.305.62 The Texas Racing Commission adopts an amendment to sec.305.62, concerning criteria and burden of proof, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5033). The amendment is adopted to ensure that the licensing program of the commission will be conducted efficiently and effectively. The amendment clarifies the criteria the commission is to consider in granting a racetrack license. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.04, which set out the criteria for granting a racetrack license. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113634 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.63 The Texas Racing Commission adopts an amendment to sec.305.63, concerning license certificate, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4596). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for issuing racetrack license certificates. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01, which require the commission to issue each licensee a license certificate of credentials and under sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113635 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.64 The Texas Racing Commission adopts an amendment to sec.305.64, concerning restrictions on eligibility, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5033). The amendment is adopted to ensure that racing with pari-mutuel wagering is conducted with the utmost integrity. The amendment clarifies the limitations on ownership in more than two racetracks licensed by the commission. No comments were received regarding adoption of the section. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which describe the limitation on ownership in racetracks. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113636 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.65 The Texas Racing Commission adopts an amendment to sec.305.65, concerning lease, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4597). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a lease for a racetrack facility. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.6.07, which authorize the commission to adopt rules to authorize a licensed association to contract, as a leasee, for the lease of a racetrack and the surrounding structures. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113637 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.66 The Texas Racing Commission adopts the repeal of sec.305.66, concerning cash performance bond, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4597). The section is repealed so that the commission's rules are consistent with the prevailing law. The section is repealed because recent changes in the Texas Racing Act render the section unnecessary. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113621 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Application Procedure 16 TAC sec.305.83 The Texas Racing Commission adopts an amendment to sec.305.83, concerning application documents, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4597). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the number of copies required and the deadline for filing a racetrack application. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications and sec.3.02, which authorize the commission to adopt rules to administer the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113638 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.84 The Texas Racing Commission adopts an amendment to sec.305.84, concerning type of documents required, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5034). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the type of documents that must be submitted for a racetrack license. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113639 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.85 The Texas Racing Commission adopts an amendment to sec.305.85, concerning review of application documents and certification of receipt, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4597). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the procedure for receiving racetrack applications. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications and sec.3.02, which authorize the commission to adopt rules to administer the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113640 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.87 The Texas Racing Commission adopts an amendment to sec.305.87, concerning prepared testimony, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4598). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the number of copies and attachments required for prepared testimony. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications and sec.3.02, which authorize the commission to adopt rules to administer the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113641 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.90 The Texas Racing Commission adopts the repeal of sec.305.90, concerning deadline, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5034). The section is repealed so that the licensing program of the commission is operated efficiently and effectively. The section is repealed because of recent legislative action which eliminated the 120-day deadline for commission action on a racetrack application. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113608 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.91 The Texas Racing Commission adopts an amendment to sec.305.91, concerning changes in application, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4598). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the procedure for making changes in a racetrack application. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications and under sec.3.02, which authorize the commission to adopt rules to administer the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113642 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Background Information 16 TAC sec.305.103 The Texas Racing Commission adopts an amendment to sec.305.103, concerning information for Department of Public Safety background investigation, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4598). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for submitting information for a background investigation. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications and under sec.3.02, which authorize the commission to adopt rules to administer the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113643 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.104 The Texas Racing Commission adopts the repeal of sec.305.104, concerning legal proceedings, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4598). The section is repealed so that the commission's racetrack license evaluations will be efficient and effective. The section is repealed because the requirements in the section have not proven to be useful in evaluating racetrack applications. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113620 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.105 The Texas Racing Commission adopts an amendment to sec.305.105, concerning consent for investigation, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4599). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the type of consent required for racetrack applicants. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01 and sec.6.03, which authorize the commission prescribe forms for racetrack applications and under sec.3.02, which authorize the commission to adopt rules to administer the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113644 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Ownership 16 TAC sec.305.124 The Texas Racing Commission adopts an amendment to sec.305.124, concerning organizational documents, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4599). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the type of organizational documents that must be contained in a racetrack application. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113645 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.125 The Texas Racing Commission adopts an amendment to sec.305.125, concerning owners, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5034). The amendment is adopted to ensure that the licensing program of the commission will be conducted efficiently and effectively. The amendment clarifies the information that must be submitted in a racetrack application regarding ownership. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe application forms. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113646 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.126 The Texas Racing Commission adopts an amendment to sec.305.126, concerning directors, officers, and partners, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4599). The amendment is adopted to ensure that pari-mutuel wagering is conducted with utmost integrity. The amendment clarifies the disclosure requirements for individuals serving in a management capacity. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113647 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.128 The Texas Racing Commission adopts an amendment to sec.305.128, concerning outside interests, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4599). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the disclosure requirements for owners of an interest in a racetrack applicant. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt to administer the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113648 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Site and Facilities 16 TAC sec.305.141 The Texas Racing Commission adopts an amendment to sec.305.141, concerning location, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4600). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to a photograph of the racetrack site. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113649 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.142 The Texas Racing Commission adopts the repeal of sec.305.142, concerning local option, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4600). The section is repealed so that the commission's racetrack license evaluations will be efficient and effective. The section is repealed because the requirements in the section have not proven to be useful in evaluating racetrack applications. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113619 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.143 The Texas Racing Commission adopts an amendment to sec.305.143, concerning zoning and governmental improvements, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4600). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the roadway improvements. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113650 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.145 The Texas Racing Commission adopts an amendment to sec.305.145, concerning access and transportation, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5035). The amendment is adopted to ensure that the licensing program of the commission will be conducted efficiently and effectively. The amendment clarifies that an applicant for a Class 4 license need not submit a traffic flow study. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.6.03, which authorize the commission to prescribe application forms. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113651 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.147 The Texas Racing Commission adopts an amendment to sec.305.147, concerning track dimensions, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4601). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the dimensions and specifications of a racetrack. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113652 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.148 The Texas Racing Commission adopts an amendment to sec.305.148, concerning public areas, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4601). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the parking specifications of a racetrack. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and to administer the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113653 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.149 The Texas Racing Commission adopts an amendment to sec.305.149, concerning parking facilities, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4601). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the parking specifications of a racetrack. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113654 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.150 The Texas Racing Commission adopts an amendment to sec.305.150, concerning facilities for animals and personnel, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4601). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to childcare facilities at a racetrack. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113655 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Financing 16 TAC sec.305.164 The Texas Racing Commission adopts the repeal of sec.305.164, concerning contracts, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4602). The section is repealed so that the commission's racetrack license evaluations will be efficient and effective. The section is repealed because the requirements in the section have not proven to be useful in evaluating racetrack applications. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113618 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.168 The Texas Racing Commission adopts an amendment to sec.305.168, concerning financial forecast, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4602). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the balance sheet and income statement. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113656 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Operations 16 TAC sec.305.181 The Texas Racing Commission adopts an amendment to sec.305.181, concerning race meetings, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5035). The amendment is adopted to ensure that the licensing program of the commission will be conducted efficiently and effectively. The amendment clarifies the type of information regarding race meetings that a racetrack must submit. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting wagering with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe application forms. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113657 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.182 The Texas Racing Commission adopts an amendment to sec.305.182, concerning management, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4602). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the management plans. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113658 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.183 The Texas Racing Commission adopts the repeal of sec.305.183, concerning marketing, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4602). The section is repealed so that the commission's racetrack license evaluations will be efficient and effective. The section is repealed because the requirements in the section have not proven to be useful in evaluating racetrack applications. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113617 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.185 The Texas Racing Commission adopts an amendment to sec.305.185, concerning pari- mutuel operations, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4603). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the totalisator equipment for a racetrack. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113659 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.186 The Texas Racing Commission adopts an amendment to sec.305.186, concerning operations contracts, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4603). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the procedures for reviewing management, concession, and totalisator contracts. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113660 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.188 The Texas Racing Commission adopts an amendment to sec.305.188, concerning racing equipment, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4603). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to equipment used in conducting races. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113661 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.191 The Texas Racing Commission adopts new sec.305.191, concerning first aid and safety monitoring, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4603). The section is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The section clarifies the requirements for a racetrack application relating to first aid and safety monitoring at a racetrack. No comments were received regarding adoption of the section. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113662 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Economic and Social Projections 16 TAC sec.305.204 The Texas Racing Commission adopts an amendment to sec.305.204, concerning social information, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4604). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for a racetrack application relating to the social impact of a racetrack. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113663 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Safety and Security 16 TAC sec.305.221 The Texas Racing Commission adopts an amendment to sec.305.221, concerning security documents, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5035). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies that the safety and security plan of a racetrack applicant may be reviewed by the commission in executive session. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.5.01 and sec.6.03, which authorize the commission to prescribe forms for racetrack applications and under sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113664 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.224 The Texas Racing Commission adopts the repeal of sec.305.224, concerning membership in certain associations, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4604). The section is repealed so that the commission's racetrack license evaluations will be efficient and effective. The section is repealed because the requirements in the section have not proven to be useful in evaluating racetrack applications. No comments were received regarding adoption of the repeal. The section is repealed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113616 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.227 The Texas Racing Commission adopts the repeal of sec.305.227, concerning first aid plans, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4604). The section is repealed so that the commission's rules are internally consistent and non-repetitive. The section is repealed because the contents of the section have been moved to another heading of the rules. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113615 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.228 The Texas Racing Commission adopts the repeal of sec.305.228, concerning safety monitoring, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4604). The section is repealed so that the commission's rules are internally consistent and non-repetitive. The section is repealed because the contents of the section have been moved to another heading of the rules. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113614 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Subchapter E. Renewal of Licenses 16 TAC sec.305.264 The Texas Racing Commission adopts the repeal of sec.305.264, concerning renewal of racetrack licenses, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5035). The section is repealed so that the rules of the commission are consistent with the applicable state laws. The section is repealed because of recent legislative action which made a racetrack license perpetual in duration. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113613 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 Chapter 307. Practice and Procedure Subchapter A. General Provisions 16 TAC sec.307.2 The Texas Racing Commission adopts an amendment to sec.307.2, concerning definitions, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4605). The amendment is adopted to ensure that the commission's rules are internally consistent. The amendment deletes the definition of hearings examiner. No comments were received regarding adoption of the amendment. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113665 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.3 The Texas Racing Commission adopts an amendment to sec.307.3, concerning filing of documents, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4605). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment authorizes the filing of documents by telecopy. No comments were received regarding adoption of the amendment. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113666 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.6 The Texas Racing Commission adopts an amendment to sec.307.6, concerning behavior and compliance, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4605). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the behavior required of all persons appearing before the commission. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113667 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.73 The Texas Racing Commission adopts an amendment to sec.307.73, concerning filing, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4605). The amendment is adopted to ensure that pari-mutuel racetracks are operated with the utmost integrity. The amendment clarifies the number of copies required when filing a pleading. No comments were received regarding adoption of the amendment. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113668 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Subchapter B. Adjudicative Procedures Pleadings 16 TAC sec.307.75 The Texas Racing Commission adopts the repeal of sec.307.75, concerning review of pleadings, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4606). The section is repealed so that the commission's adjudicative processes will be expedited. The section is repealed because it is unnecessary to the effective adjudication of contested cases conducted at the commission. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113612 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.79 The Texas Racing Commission adopts an amendment to sec.307.79, concerning motions without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4606). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies who is responsible for acting on a motion. No comments were received regarding adoption of the amendment. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113669 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.82 The Texas Racing Commission adopts an amendment to sec.307.82, concerning filing, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4606). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the procedures for participation in a contested case. No comments were received regarding adoption of the amendment. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113670 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Hearings 16 TAC sec.307.121 The Texas Racing Commission adopts an amendment to sec.307.121, concerning examiner, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4607). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies who can conduct hearings. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113672 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.122 The Texas Racing Commission adopts an amendment to sec.307.122, concerning designation and use of examiners, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4607). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies who can conduct hearings. No comments were received regarding adoption of the amendment. The section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari-mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113671 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.123 The Texas Racing Commission adopts an amendment to sec.307.123, concerning qualifications of examiners, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4607). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the qualifications of examiners. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113673 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.126 The Texas Racing Commission adopts an amendment to sec.307.126, concerning postponement and continuance, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4607). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the requirements for postponing or continuing a hearing. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113674 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.127 The Texas Racing Commission adopts an amendment to sec.307.127, concerning dismissal, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4608). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the reasons for which a hearing may be dismissed. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113675 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.135 The Texas Racing Commission adopts an amendment to sec.307.135, concerning oral argument, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4608). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the requirements for requesting oral argument. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113676 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Evidence 16 TAC sec.307.158 The Texas Racing Commission adopts an amendment to sec.307.158, concerning prefiling prepared testimony and exhibits, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4608). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies when prepared testimony and exhibits must be filed with the commission. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113677 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.159 The Texas Racing Commission adopts an amendment to sec.307.159, concerning admissibility of prepared testimony and exhibits, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4608). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the requirements for prepared testimony. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113678 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.161 The Texas Racing Commission adopts an amendment to sec.307.161, concerning subpoenas, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4609). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the requirements for issuing a subpoena. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113679 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Orders 16 TAC sec.307.181 The Texas Racing Commission adopts the repeal of sec.307.181, concerning interim orders, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4609). The section is repealed so that the commission's adjudicative processes will be expedited. The section is repealed because it unduly hampers and prolongs the contested cases conducted by examiners. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113611 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.186 The Texas Racing Commission adopts an amendment to sec.307.186, concerning show cause orders and complaints, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4609). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the authority of the executive secretary regarding investigatory hearings. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which require the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113680 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Subchapter C. Proceedings by Stewards and Racing Judges General Provisions 16 TAC sec.307.204 The Texas Racing Commission adopts the repeal of sec.307.204, concerning rescission, without changes to the proposed repeal as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4609). The section is repealed so that the stewards and racing judges are better able to fairly regulate pari-mutuel racetracks. The section is repealed because it unduly restricts the stewards and racing judges in their ability to regulate pari-mutuel racing. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113610 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.207 The Texas Racing Commission adopts an amendment to sec.307.207, concerning action by commission, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4610). The amendment is adopted to ensure that pari-mutuel racetracks are operated with utmost integrity. The amendment clarifies the commission's authority to act on a decision by the stewards or racing judges. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.3.07, which require the commission to adopt rules specifying the authority and duties of racing officials. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113681 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Objections and Protests 16 TAC sec.307.226 The Texas Racing Commission adopts the repeal of sec.307.226, concerning prize award, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4610). The section is repealed so that the commission's rules will be internally consistent and non-repetitive. The section is repealed because it is redundant of other rules of the commission. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for racing with pari-mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113609 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Disciplinary Hearings 16 TAC sec.307.241 The Texas Racing Commission adopts an amendment to sec.307.241, concerning complaints, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4610). The amendment is adopted to ensure that pari-mutuel racetracks are operated with utmost integrity. The amendment clarifies the licensee's rights regarding hearings on summary suspensions. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113682 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.242 The Texas Racing Commission adopts an amendment to sec.307.242, concerning notice, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4611). The amendment is adopted to ensure that pari-mutuel racetracks are operated with utmost integrity. The amendment clarifies the responsibilities of the stewards and racing judges regarding conducting hearings. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.3.07, which authorize the commission to adopt rules specifying the authority and duties of racing officials. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113683 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.244 The Texas Racing Commission adopts an amendment to sec.307.244, concerning evidence, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4611). The amendment is adopted to ensure that all hearings are operated with utmost integrity. The amendment clarifies who is responsible for swearing in witnesses at hearings conducted by stewards or racing judges. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.3.07, which authorize the commission to adopt rules specifying the authority and duties of racing officials. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113684 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.246 The Texas Racing Commission adopts an amendment to sec.307.246, concerning ruling, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4611). The amendment is adopted to ensure that pari-mutuel racetracks are operated with utmost integrity. The amendment clarifies the information required in a ruling. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.3.07, which authorize the commission to adopt rules specifying the authority and duties of racing officials. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113685 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.261 The Texas Racing Commission adopts an amendment to sec.307.261, concerning appeal to the commission, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4611). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment clarifies the procedure for appealing a ruling. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.3.07, which authorize the commission to adopt rules specifying the authority and duties of racing officials. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113686 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.262 The Texas Racing Commission adopts an amendment to sec.307.262, concerning hearing procedure, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4612). The amendment is adopted to ensure that the commission's adjudicatory processes are efficient and effective. The amendment puts the burden of proof on the appellant to prove that the stewards' or racing judges' decision was in error. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.18.02, which authorize the commission to use procedures in accordance with the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113687 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 16 TAC sec.307.263 The Texas Racing Commission adopts an amendment to sec.307.263, concerning stay, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4612). The amendment is adopted to ensure that pari-mutuel racetracks are operated with the utmost integrity. The amendment clarifies the authority of the executive secretary to grant a stay. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113688 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Chapter 311. Conduct and Duties of Individual Licensees Subchapter A. General Provisions 16 TAC sec.311.7 The Texas Racing Commission adopts an amendment to sec.311.7, concerning inhumane treatment, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5036). The amendment is adopted to ensure that pari-mutuel racetracks are operated with utmost integrity. The amendment clarifies the restrictions regarding the possession of devices that are designed to increase the speed of a horse. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113689 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.311.9 The Texas Racing Commission adopts an amendment to sec.311.9, concerning information to commission, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4612). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the duties of a licensee to provide certain information to the commission. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113690 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter A. General Provisions 16 TAC sec.319.3 The Texas Racing Commission adopts an amendment to sec.319.3, concerning medication restriction, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5036). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment deletes a provision relating to masking agents in greyhound specimens. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113691 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.10 The Texas Racing Commission adopts an amendment to sec.319.10, concerning devices and substances prohibited, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5036). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the type of injectable substances and devices that are prohibited. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113692 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.11 The Texas Racing Commission adopts an amendment to sec.319.11, concerning search and seizure, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5037). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the authority of the commission to conduct a search for any prohibited devices or substances. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113693 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 Subchapter D. Drug Testing General Provisions 16 TAC sec.319.304 The Texas Racing Commission adopts an amendment to sec.319.304, concerning disqualification on positive test, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5037). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the authority of the commission to disqualify a race animal as a result of a positive drug test. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113694 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.305 The Texas Racing Commission adopts an amendment to sec.319.305, concerning penalties, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5037). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the authority of the commission staff to promulgate a schedule of recommended penalties for medication violations. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113695 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.306 The Texas Racing Commission adopts an amendment to sec.319.306, concerning effects of rulings on purse, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5037). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the procedure for redistributing purse money as a result of a positive drug test in which a race animal has been disqualified. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act, and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113696 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 Testing Procedures 16 TAC sec.319.332 The Texas Racing Commission adopts an amendment to sec.319.332, concerning procedure for obtaining specimens, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5038). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the authority of the chief veterinarian regarding test barn technicians. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113697 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.333 The Texas Racing Commission adopts an amendment to sec.319.333, concerning specimen tags, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5038). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirements for specimen tags. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113698 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.334 The Texas Racing Commission adopts an amendment to sec.319.334, concerning delivery and retention of speciments, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5038). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment clarifies the requirement that specimens be frozen for one year. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113699 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.335 The Texas Racing Commission adopts an amendment to sec.319.335, concerning auditing and approval of testing costs, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5038). The amendment is adopted to ensure that pari-mutuel racing will be conducted with utmost integrity. The amendment requires drug testing costs to be reasonable in accordance with industry standards for comparable testing procedures. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with pari- mutuel wagering and for administering the Texas Racing Act and sec.3.07, which requires the commission to audit drug testing costs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on October 21, 1991. TRD-9113700 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter A. Regulation and Totalisator Operations Regulation of Wagering 16 TAC sec.321.72 The Texas Racing Commission adopts new sec.321.72, concerning multiple wagers, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5039). The section is adopted to ensure that pari-mutuel racing is conducted with utmost integrity. The section clarifies which multiple wagers are multiple-two wagers and which multiple wagers are multiple-three wagers. No comments were received regarding adoption of the section. The new section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.11.01, which authorize the commission to adopt rules for conducitn racgin with wagering and for administering the Texas Racing Act and sec.11.01, which authorize the commission to adopt rules to regulate par-mutuel wagering. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113701 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 Subchapter B. Distribution of Pari-mutuel Pools Regulation of Wagering 16 TAC sec.321.118 The Texas Racing Commission adopts new sec.321.118, concerning the national pick-seven, without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5039). The section is adopted to ensure that the wagering public in this state may participate in national common pools on races that are of historic importance. The section describes the procedure for placing a pick-seven wager in a national common pool for the Breeders' Cup races for 1991 and for distributing that pool. No comments were received regarding adoption of the section. The new section is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.11.01, which authorize the commission to adopt rules to regulate pari-mutuel wagering; and sec.11.011, which authorize the commission to adopt rules to regulate pari- mutuel wagering on simulcast races. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113702 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: November 22, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 794-8461 TITLE 22. EXAMINING BOARDS Part XV. Texas State Board of Pharmacy Chapter 291. Pharmacies All Classes of Pharmacy 22 TAC sec.291.6 The Texas State Board of Pharmacy adopts an amendment to sec.291.6, without changes to the proposed text as published in the September 10, 1991, issue of the Texas Register (16 TexReg 4920). The amendment increases the total pharmacy license fee from $132 to $152 per year beginning in February 1992. Included in this total is $147 for processing and issuance of a pharmacy license or renewal of a pharmacy license and $5.00 to fund a program to aid impaired pharmacists and pharmacy students. The $15 increase in the fee for processing and issuance of a pharmacy license or renewal of a pharmacy license is necessary because of a rider attached to the Board of Pharmacy Appropriation in House Bill 1 passed by the 72nd Legislature 1st Called Session. This rider specifies that $226,148 of the appropriated money for the FY92-93 biennium may be used only if the agency increases fees by an amount sufficient to cover that cost of the appropriation. This fee increase, together with a fee increase for pharmacists' licenses, will generate the required revenue. It is anticipated that this increase will be necessary for 1 year only. The board will review the fee structure at that time and adjust fees accordingly. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Pharmacy Act, sec.6 and sec.39 (Article 4542a-1) as amended by House Bill 222 passed by the 72nd Legislature, 1st Called Session, which provides the Texas State Board of Pharmacy with the authority to adopt rules necessary for the enforcement of the Act; and charge not more than $150 a year for processing an application and issuance of a pharmacy license or renewal of a license, and under the Texas Pharmacy Act, sec.27A (Article 4542a-1) as amended by House Bill 333 passed by the 72nd Legislature, Regular Session and House Bill 1 passed by the 72nd Legislature, 1st Called Session which provides TSBP with the authority to add a surcharge of up to $5.00 per license and expend this amount to fund a program to aid impaired pharmacists and pharmacy students. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 4, 1991. TRD-9113761 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: November 25, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 832-0661 Community Pharmacy (Class A) 22 TAC sec.291.36 The Texas State Board of Pharmacy adopts the repeal of sec.291.36, without changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3107). The repeal of this section will allow the adoption of new standards for the operation of a Class A Pharmacy which compounds sterile pharmaceuticals. No comments were received concerning the withdrawal of these rules however comments were received concerning the adoption of new sec.291.36 Class A Pharmacies Compounding Sterile Pharmaceuticals. A summary of those comments is contained in the adoption preamble of those rules. The repeal is adopted under the Texas Pharmacy Act ( Texas Civil Statutes, Article 45421- a) Sections 16, 17(b)(2), (3), and 17(o) which provide the Texas State Board of Pharmacy the authority to adopt rules for the proper administration and enforcement of the Act; specify minimum standards for professional environment, technical equipment, and security in the prescription dispensing ares; specify minimum standards for drug storage, maintenance of prescription drug records and procedures for the delivery, dispensing in a suitable container appropriately labeled, or providing of prescription drugs or devices within the practice of pharmacy; and establish rules for the use of supportive personnel and the duties of those personnel in pharmacies licensed by the board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 4, 1991. TRD-9113760 Fred S. Brinkley Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: October 25, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 832-0661 22 TAC sec.291.36 The Texas State Board of Pharmacy adopts new sec.291.36, with changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3107). This new section replaces the previous section which is being repealed. The new section establishes minimum standards for the operation of this type of pharmacy. These rules are the result of recommendations from a board appointed Advisory Committee on Sterile Pharmaceuticals. This committee was established by the board to assist the Board in its study of this area of practice. The committee was composed of representatives from both large and small facilities which compound sterile pharmaceuticals and included representatives from independent, chain, and hospital pharmacies. The committee met four times between October 17, 1990 and March 5, 1991. Many of the recommendations included in these rules were adapted from requirements included in the "Model Rules for Sterile Pharmaceuticals" (adopted by the National Association of Boards of Pharmacy) and the "Standards for Accreditation of Home Care" (adopted by the Joint Commission on Accreditation of Healthcare Organization). The intent of this committee was to establish standards which provide a minimum level of pharmaceutical care to the patient so that the patient's health is protected while striving to produce positive patient outcomes. Comments on the proposed rule were received during a public hearing on August 27, 1991 and through written comments received in the Board's office. Generally, most of the comments received were favorable and endorsed concepts in the rule. However, some of the commenters did suggest modification to portions of the rules. The great majority of comments concerned five areas, pharmacist training, supportive personnel, the area for preparation of sterile pharmaceuticals, patient-care guidelines, and equipment necessary in this type of pharmacy. The following groups or associations commented generally in favor of the proposed rules with specific comments for improving certain requirements: Texas Pharmaceutical Association (TPA); Texas Society of Hospital Pharmacy (TSHP); University of Texas, and Texas Southern University College of Pharmacy and Health Sciences. The board agreed with the comments regarding the deletion of the requirement for a separate room for the preparation of sterile pharmaceuticals and has modified the rules in accordance with their suggestions. The board also agreed with the comments regarding the requirement to repeat the training course every seven years and has replaced this with a requirement to complete four hours per year of approved continuing education in sterile products or preparation of sterile products. In addition, the board agreed that the initial time frame for completion of this training course may be too short and extended the date to January 1, 1995. Some commenters suggested that the section entitled "Patient Care Guidelines" be modified to clarify that a pharmacist was required to have oversight and responsibility for patient monitoring and patient training but that other persons could perform the function. The board agreed with these comments and has modified the rules accordingly. Numerous persons commented on the proposed expanded use of supportive personnel and the training for these persons specified in the rules. These comments ranged from "don't allow supportive personnel" to be used to "the training requirement is too restrictive." The board disagreed with the commenters that suggested supportive personnel not be used to compound sterile pharmaceuticals. The board believes that the level of training required of supportive personnel and the direct on-site supervision required in the rules provide adequate safeguards to the public. In addition, the board believes that the training requirements specified in the rules are necessary for the protection of the public health. The Board also believes the use of supportive personnel under these guidelines will allow pharmacists additional time to perform the other functions required in the rules. The new section is adopted under the Texas Pharmacy Act (Texas Civil Statutes) , Article 45421-a sec.16 and 17(b)(2) and (3), and 1(o), which gives the Texas State Board of Pharmacy the authority to adopt rules for the proper administration and enforcement of the Act; specify minimum standards for professional environment, technical equipment, and security in the prescription dispensing ares; specify minimum standards for drug storage, maintenance of prescription drug records, and procedures for the delivery, dispensing in a suitable container appropriately labeled, or providing of prescription drugs or devices within the practice of pharmacy; and establish rules for the use of supportive personnel and the duties of those personnel in pharmacies licensed by the board. sec.291.36. Class A Pharmacies Compounding Sterile Pharmaceuticals. (a) Purpose. The purpose of this section is to provide standards for the preparation, labeling, and distribution of compounded sterile pharmaceuticals by licensed pharmacies, pursuant to a prescription drug order. The intent of these standards is to provide a minimum level of pharmaceutical care to the patient so that the patient's health is protected while striving to produce positive patient outcomes. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) ACPE-The American Council on Pharmaceutical Education. (2) Act-The Texas Pharmacy Act, Texas Civil Statutes, Article 4542a- 1, as amended. (3) Ancillary supplies-Supplies necessary for the administration of compounded sterile pharmaceuticals. (4) Automated drug dispensing system-An automated device that measures, counts, and/or packages a specified quantity of dosage units for a designated drug product. (5) Biological safety cabinet-Containment unit suitable for the preparation of low to moderate risk agents where there is a need for protection of the product, personnel, and environment, according to National Sanitation Foundation (NSF) Standard 49. (6) Board-The Texas State Board of Pharmacy. (7) Carrying out a prescription drug order-To complete a prescription drug order presigned by the delegating physician by providing the following information: (A) patient's name and address; (B) name, strength, and quantity of the drug to be dispensed; (C) directions for use; (D) the name, address, telephone number, and identification number of the registered nurse or physician assistant completing the prescription drug order; (E) the date; and (F) the number of refills permitted. (8) Class 100 environment-An atmospheric environment which contains less than 100 particles 0.5 microns in diameter per cubic foot of air, according to Federal Standard 209B. (9) Controlled substance-A drug, immediate precursor, or other substance listed in Schedules I-V or Penalty Groups 1-4 of the Texas Controlled Substances Act, as amended, or a drug, immediate precursor, or other substance included in Schedule I, II, III, IV, or V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513). (10) Cytotoxic-A pharmaceutical that has the capability of killing living cells. (11) Dangerous drug-Any drug or device that is not included in Penalty Groups 1- 4 of the Controlled Substances Act and that is unsafe for self-medication or any drug or device that bears or is required to bear the legend: (A) "Caution: federal law prohibits dispensing without prescription;" or (B) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian." (12) Deliver or delivery-The actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration. (13) Designated agent-An individual under the supervision of a practitioner, designated by the practitioner, and for whom the practitioner assumes legal responsibility, who communicates the practitioner's instructions to the pharmacist. (14) Device-An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a practitioner. (15) Dispense-Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner. (16) Distribute-The delivery of a prescription drug or device other than by administering or dispensing. (17) Downtime-Period of time during which a data processing system is not operable. (18) Enteral-Within or by the way of the intestine. (19) Facsimile (FAX) prescription drug order-A prescription drug order which is transmitted by an electronic device which sends an exact image to the receiver (pharmacy) over telephone lines. (20) Full-time pharmacist-A pharmacist who works in a pharmacy from 30 to 40 hours per week or if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open. (21) Hard-copy-A physical document that is readable without the use of a special device (i.e., cathode ray tube (CRT), microfiche reader, etc). (22) Medical Practice Act-The Texas Medical Practice Act, Texas Civil Statutes, Article 4495b, as amended. (23) Original prescription-The: (A) original written prescription drug orders; (B) original FAX prescription drug orders; or (C) original verbal prescription drug orders reduced to writing either manually or electronically by the pharmacist. (24) Parenteral-Sterile preparations of drugs for injection through one or more layers of the skin. (25) Part-time pharmacist-A pharmacist who works less than full- time. (26) Pharmacist-in-charge-The pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy. (27) Physician assistant-A physician assistant recognized by the Texas State Board of Medical Examiners as having the specialized education and training required under the Medical Practice Act, sec.3.06(d), and issued an identification number by the Texas State Board of Medical Examiners. (28) Practitioner- (A) a physician, dentist, podiatrist, veterinarian, or other person licensed or registered to prescribe, distribute, administer, or dispense a prescription drug or device in the course of professional practice in this state; (B) a person licensed by another state in a health field in which, under Texas law, licensees in this state may legally prescribe dangerous drugs or a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, having a current federal Drug Enforcement Administration registration number, and who may legally prescribe Schedule II, III, IV, or V controlled substances in such other state; or (C) a person licensed in the Dominion of Canada or the United Mexican States in a health field in which, under the laws of this state, a licensee may legally prescribe dangerous drugs; (D) does not include a person licensed under the Texas Pharmacy Act. (29) Prepackaging-The act of repackaging and relabeling quantities of drug products from a manufacturer's original commercial container into a prescription container for dispensing by a pharmacist to the ultimate consumer. (30) Prescription drug- (A) a substance for which federal or state law requires a prescription before it may be legally dispensed to the public; (B) a drug or device that under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements: (i) "Caution: federal law prohibits dispensing without prescription;" or (ii) "Caution: federal law restricts this drug to use by or on order of a licensed veterinarian;" or (C) a drug or device that is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by a practitioner only. (31) Prescription drug order- (A) an order from a practitioner or a practitioner's designated agent to a pharmacist for a drug or device to be dispensed; or (B) an order pursuant to the Medical Practice Act, sec.3. 06(d)(5). (32) Registered nurse-A registered nurse recognized by the Texas State Board of Nurse Examiners as having the specialized education and training necessary to carry out a prescription drug order and issued an identification number by the Texas State Board of Nurse Examiners. (33) Sterile pharmaceutical-A dosage form free from living micro- organisms. (34) Supportive personnel-Those individuals utilized in pharmacies whose responsibility it shall be to provide nonjudgmental technical services concerned with the preparation and distribution of drugs under the direct supervision of and responsible to a pharmacist. (35) Texas Controlled Substances Act-The Texas Controlled Substances Act, Health and Safety Code, Chapter 481, as amended. (c) Personnel. (1) Pharmacist-in-charge. (A) General. (i) Each Class A pharmacy compounding sterile pharmaceuticals shall have one pharmacist-in-charge who is employed on a full-time basis, who may be the pharmacist-in-charge for only one such pharmacy; provided, however, such pharmacist-in-charge may be the pharmacist-in- charge of more than one Class A pharmacy, if the additional Class A pharmacies are not open to provide pharmacy services simultaneously. (ii) The pharmacist-in-charge shall comply with the provisions of sec.291.17 of this title (relating to Controlled Substances Inventory Requirements). (B) Responsibilities. The pharmacist-in-charge shall have the responsibility for, at a minimum, the following: (i) dispensing of drugs, including the packaging, preparation, compounding, and labeling of the drugs; (ii) delivery of drugs to the patient or the patient's agent; (iii) assuring that information concerning prescription and over-the- counter drugs is available to the patient when required by law or requested by the patient; (iv) education and training of pharmacy supportive personnel; (v) establishment of policies for procurement of prescription drugs and devices and other products dispensed from the Class A pharmacy; (vi) disposal and distribution of drugs from the Class A pharmacy; (vii) bulk compounding of drugs; (viii) preparation and sterilization of sterile pharmaceuticals compounded within the pharmacy; (ix) admixture of sterile pharmaceuticals, including education and training of personnel concerning incompatibility; (x) participation in those aspects of the patient care evaluation program relating to pharmaceutical material utilization and effectiveness; (xi) implementation of the policies and decisions relating to pharmaceutical services; (xii) storage of all materials, including drugs, chemicals, and biologicals; (xiii) maintaining records of all transactions of the Class A pharmacy necessary to maintain accurate control over and accountability for all pharmaceutical materials required by applicable state and federal laws and rules; (xiv) establishment and maintenance of effective controls against the theft or diversion of prescription drugs, and records for such drugs; (xv) maintenance of records in a data processing system such that the data processing system is in compliance with this section; (xvi) assuring that the pharmacy has a system to dispose of cytotoxic/biohazardous waste in a manner so as not to endanger the public health; and (xvii) legal operation of the pharmacy, including meeting all inspection and other requirements of all state and federal laws or rules governing the practice of pharmacy. (2) Pharmacists. (A) General. (i) The pharmacist-in-charge shall be assisted by sufficient number of additional licensed pharmacists as may be required to operate the pharmacy competently, safely, and adequately to meet the needs of the patients of the pharmacy. (ii) All pharmacists shall assist the pharmacist-in-charge in meeting his or her responsibilities in ordering, dispensing, and accounting for prescription drugs. (iii) Pharmacists are solely responsible for the direct supervision of supportive personnel and for designating and delegating duties, other than those listed in subparagraph (B) of this paragraph, to supportive personnel. Each pharmacist shall be responsible for any delegated act performed by supportive personnel under his or her supervision. (iv) All pharmacists while on duty, shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy. (B) Duties. Duties which may only be performed by a pharmacist are as follows: (i) receiving oral prescription drug orders and reducing these orders to writing, either manually or electronically; (ii) interpreting prescription drug orders; (iii) selection of drug products; (iv) interpreting patient profiles, if applicable; (v) affixing the label to the prescription container and performing the final check of the dispensed prescription before delivery to the patient; and (vi) providing information to the patient or patient's agent, at the request of the patient or the patient's agent, or as the pharmacist in his or her professional judgement deems necessary for the proper utilization of the drug or device prescribed. (C) Special requirements. (i) All pharmacists who compound sterile pharmaceuticals shall: (I) complete a recognized course in the preparation of sterile pharmaceuticals at an accredited college of pharmacy or a course in the preparation of sterile pharmaceuticals sponsored by an American Council on Pharmaceutical Education approved provider. The course must provide a minimum of 20 hours in sterile product preparation; (II) complete four hours of continuing education related to sterile pharmaceuticals or their preparation which is sponsored by an American Council on Pharmaceutical Education approved provider each year; and (III) maintain documentation of completion of the training specified in subclause (I) and (II) of this clause. Such documentation shall be maintained in the pharmacy. (ii) Pharmacists employed in a Class A Pharmacy compounding sterile pharmaceuticals who have not completed a course as specified in clause (i)(I) of this subparagraph, must complete such course by January 1, 1995 or discontinue preparation of sterile pharmaceuticals. Such pharmacist may continue to compound sterile pharmaceuticals during the interim between the effective date of these rules and January 1, 1995 provided they maintain documentation of: (I) completion of a minimum of 20 hours of on-the-job training in the preparation, sterilization, and admixture of sterile products; or (II) completion of a recognized course in an accredited college of pharmacy or a course sponsored by an ACPE approved provider. The course must provide a minimum of 20 hours of education or experience in the preparation, sterilization, and admixture of sterile pharmaceuticals. (iii) Only pharmacists who have completed the course listed in clause (i)(I) of this subparagraph may supervise supportive personnel in the compounding of sterile pharmaceuticals. (iv) A pharmacist shall be accessible at all times to respond to patients' and other health professionals' questions and needs. Such access may be through a telephone which is answered 24 hours a day. (3) Supportive personnel. (A) Qualifications. (i) Supportive personnel shall possess the education and training necessary to carry out their responsibilities and shall be qualified to perform the tasks assigned to them. (ii) Supportive personnel who compound sterile pharmaceuticals must have: (I) a high school or equivalent education; and (II) successfully completed a training program which is accredited by the American Society of Hospital Pharmacists. (B) Duties. (i) Supportive personnel may not perform any of the duties listed in paragraph (2)(B) of this subsection. (ii) A pharmacist may delegate to supportive personnel any nonjudgmental technical duty associated with the preparation and distribution of prescription drugs provided: (I) a pharmacist conducts inprocess and final checks; and (II) supportive personnel are under the direct supervision of and responsible to a pharmacist. (iii) Supportive personnel may compound sterile pharmaceuticals provided they: (I) have completed the education and training requirements specified in subparagraphs (A) and (D) of this paragraph; and (II) are supervised by a pharmacist who has completed a training course specified in paragraph (2)(C)(i) of this subsection. (C) Ratio of pharmacists to supportive personnel. (i) The ratio of pharmacists to supportive personnel shall be no greater than 1: 2, provided that only one supportive person may be engaged in the compounding of sterile pharmaceuticals. (ii) For the purposes of this subparagraph, supportive personnel are those persons who perform nonjudgmental technical duties associated with the preparation of a prescription drug order. (D) Training. (i) Supportive personnel shall complete initial training as outlined by the pharmacist-in-charge in a training manual which includes on-the-job and related education commensurate with the tasks they are to perform, prior to the regular performance of those tasks. (ii) The pharmacist-in-charge shall assure the continuing competency of supportive personnel through in-service education and training to supplement initial training. (iii) Supportive personnel who compound sterile pharmaceuticals must complete a minimum of six hours continuing education related to sterile pharmaceuticals or their preparation which is sponsored by an American Council on Pharmaceutical Education approved provider each year. (iv) A written record of initial and in-service training of supportive personnel shall be maintained and contain the following information: (I) name of the person receiving the training; (II) date(s) of the training; (III) general description of the topics covered; (IV) name of the person supervising the training; and (V) signature of the supportive person and the pharmacist-in-charge. (4) Identification of pharmacy personnel. Supportive personnel and pharmacist interns shall be identified as follows. (A) Supportive personnel. All supportive personnel shall wear an identification tag or badge which bears the person's name and identifies him or her as a supportive person. (B) Pharmacist interns. All pharmacist interns shall wear an identification tag or badge which bears the person's name and identifies him or her as a pharmacist intern. (d) Operational standards. (1) Licensing requirements. (A) A Class A pharmacy compounding sterile pharmaceuticals shall register annually with the board on a pharmacy license application provided by the board, following the procedures specified in sec.291.1 of this title (relating to Pharmacy License Application). (B) A Class A pharmacy compounding sterile pharmaceuticals which changes ownership shall notify the board within 10 days of the change of ownership and apply for a new and separate license as specified in sec.291.4 of this title (relating to Change of Ownership). (C) A Class A pharmacy compounding sterile pharmaceuticals which changes location and/or name shall notify the board within 10 days of the change and file for an amended license as specified in sec.291.2 of this title (relating to Change of Location and/or Name). (D) A Class A pharmacy compounding sterile pharmaceuticals owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within 10 days of the change, following the procedures in sec.291.3 of this title (relating to Change of Managing Officers). (E) A Class A pharmacy compounding sterile pharmaceuticals shall notify the board in writing within 10 days of closing, following the procedures in sec.291.5 of this title (relating to Closed Pharmacies). (F) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location. (G) A fee as specified in sec.291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license. (H) A Class A pharmacy compounding sterile pharmaceuticals, licensed under the provisions of the Act, sec.29(b)(1), which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, sec.29(b)(2) (relating to Nuclear Pharmacy (Class B)), is not required to secure a license for such other type of pharmacy; provided, however, such licensee is required to comply with the provisions of sec.291.51 of this title (relating to Definitions), sec.291.52 of this title (relating to Personnel), sec.291.53 of this title (relating to Operational Standards), and sec.291.54 of this title (relating to Records), contained in Nuclear Pharmacy (Class B), to the extent such rules are applicable to the operation of the pharmacy. (2) Environment. (A) General requirements. (i) The pharmacy shall be enclosed and lockable. (ii) The pharmacy shall have adequate space necessary for the storage, compounding, labeling, dispensing, and sterile preparation of drugs prepared in the pharmacy, and additional space, depending on the size and scope of pharmaceutical services. (iii) The pharmacy shall be arranged in an orderly fashion and shall be kept clean. All required equipment shall be clean and in good operating condition. (iv) A sink with hot and cold running water, exclusive of restroom facilities, designated primarily for use of admixtures, shall be available within the pharmacy facility to all pharmacy personnel and shall be maintained in a sanitary condition at all times. (v) The pharmacy shall be properly lighted and ventilated. (vi) The temperature of the pharmacy shall be maintained within a range compatible with the proper storage of drugs; the temperature of the refrigerator shall be maintained within a range compatible with the proper storage of drugs requiring refrigeration. (B) Special requirements. (i) The pharmacy shall have an appropriate aseptic environmental control device(s), such as a laminar air flow hood or biological safety cabinet, which is capable of maintaining at least Class 100 conditions during normal activity. The aseptic environmental control device(s) shall: (I) be certified by an independent contractor according to Federal Standard 209B or National Sanitation Foundation Standard 49 for operational efficiency at least every six months; and (II) have prefilters replaced on a regular basis and the replacement date documented. (ii) The pharmacy shall designate an area for the preparation of sterile products that is functionally separate from areas for the preparation of non- sterile products and is constructed to minimize the opportunities for particulate and microbial contamination. This designated area for the preparation of sterile pharmaceuticals shall: (I) have a controlled environment that is aseptic or contains an aseptic environmental control device(s); (II) be used only for the compounding of sterile pharmaceuticals; (III) be designed to avoid outside traffic and air flow; (IV) have hard cleanable surfaces, walls, floors, and ceilings; (V) be ventilated in a manner not interfering with aseptic environmental control conditions; and (VI) contain only the appropriate compounding supplies and not be used for bulk storage for supplies and materials. (C) Security requirements. (i) The pharmacy shall have locked storage for Schedule II controlled substances and other controlled drugs requiring additional security. (ii) All areas occupied by a pharmacy shall be capable of being locked by key or combination, so as to prevent access by unauthorized personnel when a pharmacist is not on-site. (iii) The pharmacy may authorize personnel to gain access to that area of the pharmacy containing dispensed sterile pharmaceuticals, in the absence of the pharmacist, for the purpose of retrieving dispensed prescriptions to deliver to patients. If the pharmacy allows such after-hours access, the area containing the dispensed sterile pharmaceuticals shall be an enclosed and lockable area separate from the area containing undispensed prescription drugs. A list of the authorized personnel having such access shall be in the pharmacy's policy and procedure manual. (iv) Each pharmacist while on duty shall be responsible for the security of the prescription department, including provisions for effective control against theft or diversion of prescription drugs, and records for such drugs. (3) Prescription dispensing and delivery. (A) Provision of drug information. (i) If a prescription drug order is delivered to the patient at the pharmacy, the following is applicable. (I) To assure the proper utilization of the drug or device prescribed, a pharmacist shall provide to the patient or his or her agent at his or her request or as the pharmacist in his or her professional judgement deems necessary: (-a-) any information necessary for the proper utilization of the drug or device prescribed, such as the directions for use; and/or (-b-) any precautions or warnings applicable to the drug or device prescribed, such as warnings of potential harmful effects of combining any product containing alcohol with the drug product prescribed. (II) So that a patient will have access to information concerning his or her prescription, a prescription may not be delivered to a patient unless a pharmacist is in the pharmacy, except as provided in subclause (III) of this clause. (III) An agent of the pharmacist may deliver a prescription drug order to the patient or his or her agent during short periods of time when a pharmacist is absent from the pharmacy, provided the short periods of time do not exceed two hours, and provided a record of the delivery is maintained containing the following information: (-a-) date of the delivery; (-b-) unique identification number of the prescription drug order; (-c-) patient's name; (-d-) patient's phone number or the phone number of the person picking up the prescription; and (-e-) signature of the person picking up the prescription. (IV) Any prescription delivered to a patient when a pharmacist is not in the pharmacy must meet the requirements described in clause (ii)(I) of this subparagraph. (V) A Class A pharmacy compounding sterile pharmaceuticals that delivers prescriptions to patients or their agents on-site shall make available for use by the public, a current or updated edition of the United States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient) , or, another source of such information, such as patient information leaflets. (ii) If a prescription drug order is delivered to the patient or his or her agent at the patient's residence or other designated location, the following is applicable. (I) The pharmacist shall place on the prescription container or on a separate sheet delivered with the prescription container in both English and Spanish the statement: "A pharmacist is available to answer questions concerning your prescription." This clause does not apply to patients in institutions where drugs are administered to patients by a person authorized to do so by the laws of the state (i.e., nursing homes). (II) The pharmacist-in-charge shall assure that: (-a-) adequate storage or shipment containers and shipping processes are used to ensure drug stability and potency; and (-b-) the pharmacy utilizes a delivery system which is designed to assure that the drugs are delivered to the appropriate patient. (B) Prescription containers. (i) A drug dispensed pursuant to a prescription drug order shall be dispensed in an appropriate container as follows. (I) If a drug is susceptible to light, the drug shall be dispensed in a light- resistant container. (II) If a drug is susceptible to moisture, the drug shall be dispensed in a tight container. (III) The container should not interact physically or chemically with the drug product placed in it so as to alter the strength, quality, or purity of the drug beyond the official requirements. (ii) Prescription containers or closures shall not be re-used. (C) Labeling. At the time of delivery of the drug, the dispensing container of a sterile pharmaceutical shall bear a label with at least the following information: (i) name, address. and phone number of the pharmacy, including a phone number which is answered 24 hours a day; (ii) date dispensed; (iii) name of prescribing practitioner; (iv) name of patient; (v) directions for use, including infusion rate and directions to the patient for the addition of additives, if applicable; (vi) unique identification number of the prescription; (vii) name and amount of the base solution and of each drug added unless otherwise directed by the prescribing practitioner; (viii) name or initials of the person preparing the product and the pharmacist who checked and released the final product; (ix) expiration date of the preparation based on published data; (x) appropriate ancillary instructions such as storage instructions or cautionary statements, including cytotoxic/biohazardous warning labels where applicable; (xi) if the prescription is for a Schedule II-IV controlled substance, the statement:" Caution: Federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed;" (xii) if the pharmacist has selected a generically equivalent drug pursuant to the provisions of the Act, sec.40, the statement:" Substituted for Brand Prescribed;" and (xiii) the name of the registered nurse or physician assistant, if the prescription is carried out by a registered nurse or physician assistant in compliance with the Medical Practice Act, sec.3.06(d). (4) Clinical services. (A) A systematic ongoing process of drug use review shall be designed, followed, and documented to increase the probability of desired patient outcomes and decrease the probability of undesired outcomes from drug therapy. (B) There must be documentation of ongoing drug therapy monitoring and evaluation, including assessment of: (i) the therapeutic appropriateness of the patient's drug regimen; (ii) therapeutic duplication in the patient's drug regimen; (iii) the appropriateness of the delivery device, dose, frequency, route of administration, and compliance; (iv) potential drug, food, or diagnostic test interactions or disease limitations on drug use (or any combination of these); and (v) clinical laboratory or clinical monitoring methods to monitor and evaluate drug effectiveness, side effects, toxicity, or adverse effects, and appropriateness to continued use of the drug in its current regimen. (5) Patient care guidelines. (A) Primary provider. There shall be a designated physician primarily responsible for the patient's medical care. There shall be a clear understanding between the physician, the patient, and the pharmacy of the responsibilities of each in the areas of the delivery of care, and the monitoring of the patient. This shall be documented in the patient medication record (PMR). (B) Patient training. The pharmacist-in-charge shall develop policies that assure that must be the patient and/or patient's caregiver receives information regarding drugs and their safe and appropriate use, including instruction regarding: (i) appropriate disposition of hazardous solutions and ancillary supplies; (ii) proper disposition of controlled substances in the home; (iii) self-administration of drugs, where appropriate; (iv) emergency procedures, including how to contact an appropriate individual in the event of problems or emergencies related to drug therapy; and (v) if the patient or patient's caregiver prepares sterile preparations in the home, the following additional information shall be provided: (I) safeguards against microbial contamination including aseptic techniques for compounding intravenous admixtures and aseptic techniques for injecting additives to premixed intravenous solutions; (II) appropriate storage methods, including storage durations for sterile pharmaceuticals and expirations of self-mixed solutions; (III) handling and disposition of premixed and self-mixed intravenous admixtures; and (IV) proper disposition of intravenous admixture compounding supplies such as syringes, vials, ampules, and intravenous solution containers. (C) Pharmacist-patient relationship. It is imperative that a pharmacist-patient relationship be established and maintained throughout the patient's course of therapy. This shall be documented in the PMR (PMR). (D) Patient monitoring. The pharmacist-in-charge shall develop policies to ensure that: (i) the patient's response to drug therapy is monitored and conveyed to the appropriate health care provider; and (ii) the first dose of any new drug therapy is administered in the presence of an individual qualified to monitor for and respond to adverse drug reactions. (6) Equipment and supplies. Class A pharmacies compounding sterile pharmaceuticals shall have the following equipment and supplies: (A) typewriter or comparable equipment; (B) refrigerator and if sterile pharmaceuticals are stored in the refrigerator, a system to record the maximum temperature reached in the refrigerator and a log of the maximum temperatures; (C) adequate supply of prescription, poison, and other applicable labels; (D) appropriate equipment necessary for the proper preparation of prescription drug orders; (E) metric-apothecary weight and measure conversion charts; (F) if the pharmacy compounds prescription drug orders which require the use of a balance, a Class A prescription balance, or analytical balance and weights. Such balance shall be properly maintained and inspected at least every three years by the appropriate authority as prescribed by local, state, or federal law or regulations. (G) appropriate disposal containers for used needles, syringes, etc., and if applicable, cytotoxic waste from the preparation of chemotherapeutic agents, and/or biohazardous waste; (H) temperature controlled delivery containers; (I) infusion devices, if applicable; (J) all necessary supplies, including: (i) disposable needles, syringes, and other supplies for aseptic mixing; (ii) disinfectant cleaning solutions; (iii) hand washing agents with bacteriocidal action; (iv) disposable, lint free towels or wipes; (v) appropriate filters and filtration equipment; (vi) cytotoxic/biohazardous spill kits, if applicable; and (vii) disposable masks, caps, gowns, and gloves. (7) Library. A reference library shall be maintained which includes the following: (A) current copies of the following: (i) Texas Pharmacy Act and rules; (ii) Texas Dangerous Drug Act and rules; (iii) Texas Controlled Substances Act and rules; and (iv) Federal Controlled Substances Act and rules (or official publication describing the requirements of the Federal Controlled Substances Act and rules); (B) at least one current or updated reference from each of the following categories: (i) patient information (if prescriptions are delivered to patients or their agents on-site): (I) United States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient ); or (II) a reference text or information leaflets which provide patient informationl (ii) drug interactions. A reference text on drug interactions, such as Phillip D. Hansten's Drug Interactions ; (iii) general information. (I) facts and comparisons with current supplements; (II) United States Pharmacopeia Dispensing Information, Volume I (Drug Information for the Healthcare Provider); (III) American Hospital Formulary Service with current supplements; or (IV) Remington's Pharmaceutical Sciences. (iv) sterile pharmaceuticals. A reference text on injectable drug products, such as Handbook on Injectable Drug Products; (C) if the pharmacy prepares cytotoxic drugs, a reference text on the preparation of cytotoxic drugs, such as Procedures for Handling Cytotoxic Drugs ; (D) patient education manuals; and (E) basic antidote information and the telephone number of the nearest regional poison control center. (8) Drugs. (A) Procurement and storage. (i) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff relative to such responsibility. (ii) Prescription drugs and devices shall be stored within the prescription department or a locked storage area. (iii) All drugs shall be stored at the proper temperature, as defined by the following terms: (I) controlled room - temperature maintained thermostatically between 15 and 30 degrees Celsius (59 and 86 degrees Fahrenheit); (II) cool-temperature between 8 and 15 degrees Celsius (46 and 59 degrees Fahrenheit) which may, alternatively, be stored in a refrigerator unless otherwise specified on the labeling; (III) refrigerate-temperature maintained thermostatically between 2 and 8 degrees Celsius (36 and 46 degrees Fahrenheit); and (IV) freeze-temperature maintained thermostatically between -20 and -10 degrees Celsius (-4 and 14 degrees Fahrenheit). (B) Out-of-date drugs or devices. (i) Any drug or device bearing an expiration date shall not be dispensed beyond the expiration date of the drug or device. (ii) Outdated drugs or devices shall be removed from dispensing stock and shall be quarantined together until such drugs or devices are disposed of properly. (C) Cytotoxic/biohazardous drugs. The following additional requirements are necessary for those pharmacies that prepare cytotoxic/biohazardous drugs. (i) A vertical flow biological safety cabinet in which only cytotoxic/biohazardous products may be compounded. (ii) All personnel involved in the preparation of cytotoxic/biohazardous products shall wear protective apparel including disposable masks, gloves, and gowns with tight cuffs. (iii) Appropriate safety and containment techniques for compounding cytotoxic/biohazardous drugs shall be used in conjunction with aseptic techniques required for preparing sterile pharmaceuticals. (iv) Disposal of cytotoxic/biohazardous waste shall comply with all applicable local, state, and federal requirements. (v) Prepared doses of cytotoxic/biohazardous drugs must be dispensed, labeled with proper precautions inside and outside, and shipped in a manner to minimize patient contact with cytotoxic/biohazardous agents. (9) Prepackaging of drugs and loading bulk drugs into automated drug dispensing systems. (A) Prepackaging of drugs. (i) Drugs may be prepackaged in quantities suitable for internal distribution only by a pharmacist or by supportive personnel under the direction and direct supervision of a pharmacist. (ii) The label of a prepackaged unit shall indicate: (I) brand name and strength of the drug; or if no brand name then the generic name, strength, and name of the manufacturer or distributor; (II) facility's lot number; (III) expiration date; and (IV) quantity of the drug, if the quantity is greater than one. (iii) Records of prepackaging shall be maintained to show: (I) name of the drug, strength, and dosage form; (II) facility's lot number; (III) manufacturer or distributor; (IV) manufacturer's lot number; (V) expiration date; (VI) quantity per prepackaged unit; (VII) number of prepackaged units; (VIII) date packaged; (IX) name or initials of the prepacker; and (X) signature of the responsible pharmacist. (iv) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist. (B) Loading bulk drugs into automated drug dispensing systems. (i) Automated drug dispensing systems may be loaded with bulk drugs only by a pharmacist or by supportive personnel under the direction and direct supervision of a pharmacist. (ii) The label of an automated drug dispensing system container shall indicate the brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor. (iii) Records of loading bulk drugs into an automated drug dispensing system shall be maintained to show: (I) name of the drug, strength, and dosage form; (II) manufacturer or distributor; (III) manufacturer's lot number; (IV) expiration date; (V) quantity added to the automated drug dispensing system; (VI) date of loading; (VII) name or initials of the person loading the automated drug dispensing system; and (VIII) signature of the responsible pharmacist. (iv) The automated drug dispensing system shall not be used until a pharmacist verifies that the system is properly loaded and affixes his or her signature to the record specified in clause (iii) of this subparagraph. (10) Quality control and quality assurance procedures. (A) Quality control. There shall be a documented, ongoing quality control program that monitors and evaluates personnel performance, equipment, and facilities. Procedures shall be in place to assure that the pharmacy is capable of consistently preparing pharmaceuticals which are sterile and stable. Quality control procedures shall include, but are not limited to, the following: (i) recall procedures; (ii) storage and dating; (iii) documentation of appropriate functioning of refrigerator, freezer. and other equipment; (iv) documentation of aseptic environmental control device(s) certification at least every six months and the regular replacement of prefilters; (v) a process to evaluate and confirm the quality of the prepared pharmaceutical product; and (vi) if bulk compounding of parenteral solutions is performed utilizing non- sterile chemicals, extensive end product testing, as referenced in Remington's Pharmaceutical Sciences, must be documented prior to the release of the product from quarantine. This process must include appropriate tests for particulate matter and testing for pyrogens. (B) Quality assurance. (i) There shall be a documented, ongoing quality assurance program for monitoring and evaluating personnel performance and patient outcomes to assure an efficient drug delivery process, patient safety, and positive clinical outcomes. (ii) There shall be documentation of quality assurance audits at regular, planned intervals including infection control, sterile technique, delivery systems/times, order transcription accuracy, drug administration systems, adverse drug reactions, and drug therapy appropriateness. (iii) A plan for corrective action of problems identified by quality assurance audits shall be developed which includes procedures for documentation of identified problems and action taken. (iv) A periodic evaluation of the effectiveness of the quality assurance activities shall be completed and documented. (e) Records. (1) Maintenance of records. (A) Every inventory or other record required to be kept under this section shall be kept by the pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative, and other authorized local, state, or federal law enforcement agencies. (B) Records of controlled substances listed in Schedules I and II shall be maintained separately from all other records of the pharmacy. (C) Records of controlled substances, other than original prescription drug orders, listed in Schedules III-V shall be maintained separately or readily retrievable from all other records of the pharmacy. For purposes of this subsection, "readily retrievable" means that the controlled substances shall be asterisked, redlined, or in some other manner readily identifiable apart from all other items appearing on the record. (D) Records, except when specifically required to be maintained in original or hard-copy form, may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided: (i) the records maintained in the alternative system contains all of the information required on the manual record; and (ii) the data processing system is capable of producing a hard-copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies. (2) Prescriptions. (A) Professional responsibility. Pharmacist shall exercise sound professional judgement with respect to the accuracy and authenticity of any prescription drug order they dispense. If the pharmacist questions the accuracy or authenticity of a prescription drug order, he/she shall verify the order with the practitioner prior to dispensing. (B) Written prescription drug orders. (i) Practitioner's signature. Written prescription drug orders shall be manually signed by the practitioner (electronically produced or rubber stamped signatures may not be used). (I) A practitioner may sign a prescription drug order in the same manner as he would sign a check or legal document, e.g., J. H. Smith or John H. Smith. (II) The prescription drug order may not be signed by a practitioner's agent but may be prepared by an agent for the signature of a practitioner. However, the prescribing practitioner is responsible in case the prescription drug order does not conform in all essential respects to the law and regulations. (ii) Required prescription drug order format. (I) A pharmacist may not dispense a written prescription drug order issued in Texas unless it is ordered on a form containing two signature lines of equal prominence, side by side, at the bottom of the form. Under either signature line shall be printed clearly the words product selection permitted, and under the other signature line shall be printed clearly the words dispense as written. (II) The two signature line requirement does not apply to the following types of prescriptions drug orders: (-a-) prescription drug orders issued by a practitioner in a state other than Texas; (-b-) prescription drug orders for dangerous drugs issued by a practitioner in the United Mexican States or the Dominion of Canada; and (-c-) prescription drug orders issued by practitioners practicing in a federal facility provided they are acting in the scope of their employment. (iii) Preprinted prescription drug order forms. No prescription drug order form furnished to a practitioner shall contain a preprinted order for a drug product by brand name, generic name, or manufacturer. (iv) Prescription drug orders written by practitioners in another state. (I) Dangerous drug prescription orders. A pharmacist may dispense a prescription drug order for dangerous drugs issued by practitioners in a state other than Texas in the same manner as prescription drug orders for dangerous drugs issued by practitioners in Texas are dispensed. (II) Controlled substance prescription drug orders. A pharmacist may dispense prescription drug orders for controlled substances in Schedule III, IV, or V issued by a practitioner in another state provided: (-a-) the prescription drug order is an original written prescription issued by a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current Federal Drug Enforcement Administration registration number, and who may legally prescribe Schedule III, IV, or V controlled substances in such other state; (-b-) the prescription drug order is not dispensed or refilled more than six months from the initial date of issuance and may not be refilled more than five times; and (-c-) if there are no refill instructions on the original written prescription drug order (which shall be interpreted as no refills authorized) or if all refills authorized on the original written prescription drug order have been dispensed, a new written prescription drug order is obtained from the prescribing practitioner prior to dispensing any additional quantities of controlled substances. (v) Prescription drug orders written by practitioners in the United Mexican States or the Dominion of Canada. (I) Controlled substance prescription drug orders. A pharmacist may not dispense a prescription drug order for a Schedule II, III, IV, or V controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States. (II) Dangerous drug prescription drug orders. A pharmacist may dispense a dangerous drug prescription issued by a person licensed in the Dominion of Canada or the United Mexican States as a physician, dentist, veterinarian, or podiatrist provided: (-a-) the prescription drug order is an original written prescription; and (-b-) if there are no refill instructions on the original written prescription drug order (which shall be interpreted as no refills authorized) or if all refills authorized on the original written prescription drug order have been dispensed, a new written prescription drug order shall be obtained from the prescribing practitioner prior to dispensing any additional quantities of dangerous drugs. (vi) Prescription drug orders carried out by a registered nurse or physician assistant. (I) A pharmacist may dispense a prescription drug order for a dangerous drug which is carried out by a registered nurse or physician assistant provided: (-a-) the prescription is for a dangerous drug and not for a controlled substance; and (-b-) the registered nurse or physician assistant is practicing in accordance with the Medical Practice Act, sec.3.06(d). (II) Each practitioner shall designate in writing the name of each registered nurse or physician assistant authorized to carry out a prescription drug order pursuant to the Medical Practice Act, sec.3.06(d). A list of the registered nurses or physician assistants designated by the practitioner must be maintained in the practitioner's usual place of business. On request by a pharmacist, a practitioner shall furnish the pharmacist with a copy of the written authorization for a specific registered nurse or physician assistant. (vii) Prescription drug orders for Schedule II controlled substances. No Schedule II controlled substance may be dispensed without a written prescription drug order of a practitioner on a triplicate prescription form as required by the Texas Controlled Substances Act, sec.481.075. (C) Verbal prescription drug orders. (i) A verbal prescription drug order from a practitioner or a practitioner's designated agent may only be received by a pharmacist or a pharmacist-intern under the direct supervision of a pharmacist. (ii) A practitioner shall designate in writing the name of each agent authorized by the practitioner to communicate prescriptions verbally for the practitioner. The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents. The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a specific agent on the pharmacist's request. (iii) If a prescription drug order is transmitted to a pharmacist verbally, the pharmacist shall note any substitution instructions by the practitioner or practitioner's agent on the file copy of the prescription drug order. Such file copy may follow the two-line format indicated in paragraph (2)(B)(ii) of this subsection, or any other format that clearly indicates the substitution instructions. (iv) A pharmacist may not dispense a verbal prescription drug order for a Schedule III, IV, or V controlled substance issued by a practitioner licensed in another state unless the practitioner is also registered under the Texas Controlled Substances Act. (v) A pharmacist may not dispense a verbal prescription drug order for a dangerous drug or a controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States unless the practitioner is also licensed in Texas. (D) Facsimile (FAX) prescription drug orders. For the purpose of this subparagraph, FAX prescription drug orders shall be considered the same as verbal prescription drug orders communicated by telephone. (i) A FAX prescription drug order may only be transmitted by a practitioner or a practitioner's designated agent directly to a pharmacy. (ii) A practitioner shall designate in writing the name of each agent authorized by the practitioner to FAX prescriptions for the practitioner. The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents. The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a specific agent on the pharmacist's request. (iii) A FAX prescription drug order may be initially dispensed only by the pharmacy indicated on the face of the prescription as being the pharmacy to which the prescription drug order was transmitted. (iv) A pharmacist may not dispense a FAX prescription drug order for a: (I) Schedule II controlled substance; (II) Schedule III, IV, or V controlled substance issued by a practitioner licensed in another state unless the practitioner is also registered under the Texas Controlled Substances Act; or (III) dangerous drug or controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States unless the practitioner is also licensed in Texas. (v) The practitioner or practitioner's agent shall note any substitution instructions on the FAX prescription drug order. Such FAX prescription drug order may follow the two-line format indicated in subparagraph (B)(ii) of this paragraph or any other format that clearly indicated the substitution instructions. (E) Authorization for substitution. (i) A pharmacist may dispense a generically equivalent drug product if: (I) the generic product cost the patient less than the prescribed drug product; (II) the patient does not refuse the substitution; and (III) the prescribing practitioner authorizes the substitution of a generically equivalent product; or (IV) the practitioner or practitioner's agent does not clearly indicate that the verbal or FAX prescription drug order shall be dispensed as ordered. (ii) Practitioners shall indicate their dispensing instructions by signing on either the "Dispense as Written" or "Product Selection Permitted" line on the prescription drug order. If the practitioner's signature does not clearly indicate the prescription drug order shall be dispensed as written, the pharmacist may substitute a generically equivalent drug product. (iii) A pharmacist may not substitute on prescription drug orders identified in subparagraph (B)(iv) and (v) of this paragraph unless the practitioner has authorized substitution on the prescription drug order. (iv) If the practitioner has not authorized substitution on the written prescription drug order, a pharmacist shall not substitute a generically equivalent drug product unless: (I) the pharmacist obtains verbal or written authorization from the practitioner (such authorization shall be noted on the original prescription drug order); or (II) the pharmacist obtains written documentation regarding substitution requirements from the State Board of Pharmacy in the state, other than Texas, in which the prescription drug order was issued. The following is applicable concerning this documentation. (-a-) The documentation shall state that a pharmacist may substitute on a prescription drug order issued in such other state unless the practitioner prohibits substitution on the original prescription drug order. (-b-) The pharmacist shall note on the original prescription drug order the fact that documentation from such other state board of pharmacy is on file. (-c-) Such documentation shall be updated yearly. (F) Original prescription drug order records. (i) Original prescriptions shall be maintained by the pharmacy in numerical order and remain legible for a period of two years from the date of filling or the date of the last refill dispensed. If original FAX prescription drug orders are reproduced on standard paper, the original FAX prescription drug order must be attached to the reproduced copy. (ii) If an original prescription drug order is changed, such prescription order shall be invalid and of no further force and effect; if additional drugs are to be dispensed, a new prescription drug order with a new and separate number is required. (iii) Original prescriptions shall be maintained in one of the following formats: (I) in three separate files as follows: (-a-) prescriptions for controlled substances listed in Schedule II; (-b-) prescriptions for controlled substances listed in Schedule III- V; and (-c-) prescriptions for dangerous drugs and non-prescription drugs; or (II) within a patient medication record system provided that original prescriptions for controlled substances are maintained separate from original prescriptions for non-controlled substances and triplicate prescriptions for Schedule II controlled substances are maintained separate from all other original prescriptions. (iv) Original prescription records other than triplicate prescriptions may be stored on microfilm, microfiche, or other system which is capable of producing a direct image of the original prescription record, e.g., digitalized imaging system. If original prescription records are stored in a direct imaging system, the following is applicable. (I) The record of refills recorded on the original prescription must also be stored in this system. (II) The original prescription records must be maintained in numerical order and as specified in clause (iii) of this subparagrap, and (III) The pharmacy must provide immediate access to equipment necessary to render the records easily readable. (G) Prescription drug order information. (i) All original prescriptions shall bear: (I) name of the patient; (II) address of the patient, provided however, a prescription for a dangerous drug is not required to bear the address of the patient if such address is readily retrievable on another appropriate, uniformly maintained pharmacy record, such as medication records; (III) name, and if for a controlled substance, the address and DEA registration number of the practitioner; (IV) name and strength of the drug prescribed; (V) quantity prescribed; (VI) directions for use; (VII) date of issuance; and (VIII) if telephoned to the pharmacist by a designated agent, the full name of the designated agent. (ii) All original prescriptions for dangerous drugs carried out by a registered nurse or physician assistant in accordance with the Medical Practice Act, sec.3.06(d) shall bear: (I) name and address of the patient; (II) name, address, telephone number, and original signature of the practitioner; (III) name, identification number, and original signature of the registered nurse or physician assistant; (IV) name, strength, and quantity of the dangerous drug; (V) directions for use; (VI) date of issuance; and (VII) number of refills authorized. (iii) All original FAX prescription drug orders shall bear: (I) name of the patient; (II) address of the patient, provided however, a prescription for a dangerous drug is not required to bear the address of the patient if such address is readily retrievable on another appropriate, uniformly maintained pharmacy record, such as patient medication records; (III) name and strength of the drug prescribed; (IV) quantity prescribed; (V) directions for use; (VI) date of issuance; and (VII) the following information, placed on the face of the prescription drug order by the practitioner or practitioner's agent prior to transmission: (-a-) a statement which indicates that the prescription has been FAXed, (e.g., FAXed to:); (-b-) name, address, and FAX number of the pharmacy to which the prescription was transmitted; (-c-) telephone number of the prescribing practitioner; (-d-) date the prescription drug order was FAXed to the pharmacy if different from the date of issuance of the prescription; and (-e-) if transmitted by a designated agent, the full name of the designated agent. (iv) At the time of dispensing, a pharmacist is responsible for the addition of the following information to the original prescription: (I) unique identification number of the prescription drug order; (II) initials or identification code of the person who compounded the sterile pharmaceutical and the pharmacist who checked and released the product; (III) name, quantity, lot number, and expiration date of each product used in compounding the sterile pharmaceutical; and (IV) date of dispensing, if different from the date of issuance. (H) Refills. (i) Refills may be dispensed only in accordance with the prescriber's authorization as indicated on the original prescription drug order. Such refills may be indicated as authorization to refill the prescription drug order a specified number of times or for a specified period of time period, such as the duration of therapy. (ii) If there are no refill instructions on the original prescription drug order (which shall be interpreted as no refills authorized) or if all refills authorized on the original prescription drug order have been dispensed, authorization from the prescribing practitioner shall be obtained prior to dispensing any refills. (iii) Refills of prescriptions drug orders for dangerous drugs or non- prescription drugs shall be dispensed as follows. (I) Prescription drug orders for dangerous drugs or non-prescription drugs may not be refilled after one year from the date of issuance of the original prescription drug order. (II) If one year has expired from the date of issuance of an original prescription drug order for a dangerous drug or non-prescription drug, authorization shall be obtained from the prescribing practitioner prior to dispensing any additional quantities of the drug. (iv) Refills of prescription drug orders for Schedule III-V controlled substances shall be dispensed as follows. (I) Prescription drug orders for Schedule III-V controlled substances may not be refilled more than five times or after six months from the date of issuance of the original prescription drug order, whichever occurs first. (II) If a prescription drug order for a Schedule III, IV, or V controlled substance has been refilled a total of five times or if six months have expired from the date of issuance of the original prescription drug order, whichever occurs first, a new and separate prescription drug order shall be obtained from the prescribing practitioner prior to dispensing any additional quantities of controlled substances. (3) Prescription drug order records maintained in a manual system. (A) Original prescriptions. Original prescriptions shall be maintained in three files as specified in paragraph (2)(F)(iii) of this subsection. (B) Refills. (i) Each time a prescription drug order is refilled, a record of such refill shall be made: (I) on the back of the prescription by recording the date of dispensing, the written initials or identification code of the dispensing pharmacist and the amount dispensed (If the pharmacist merely initials and dates the back of the prescription drug order, he or she shall be deemed to have dispensed a refill for the full face amount of the prescription drug order); or (II) on another appropriate, uniformly maintained, readily retrievable record, such as patient medication records, which indicates by patient name the following information: (-a-) unique identification number of the prescription; (-b-) name, strength, and lot number of each drug product used in compounding the sterile pharmaceutical; (-c-) date of each dispensing; (-d-) quantity dispensed at each dispensing; (-e-) initials or identification code of person who compounded the sterile pharmaceutical and the pharmacist who checks and releases the final product; and (-f-) total number of refills for the prescription. (ii) If refill records are maintained in accordance with clause (i)(II) of this subparagraph, refill records for controlled substances in Schedule III-V shall be maintained separately from refill records of dangerous drugs and non- prescription drugs. (C) Authorization of refills. Practitioner authorization for additional refills of a prescription drug order shall be noted on the original prescription, in addition to the documentation of dispensing the refill. (D) Transfer of prescription drug order information. For the purpose of refill dispensing, the transfer of original prescription drug order information is permissible between pharmacies, subject to the following requirements: (i) the transfer of original prescription drug order information for controlled substances listed in Schedules III, IV, or V is permissible between pharmacies on a one-time basis; (ii) the transfer of original prescription drug order information for dangerous drugs between pharmacies without limitation up to the number of originally authorized refills; (iii) the transfer is communicated directly between two licensed pharmacists; (iv) both the original and the transferred prescription drug order are maintained for a period of two years from the date of last refill; (v) the pharmacist transferring the prescription drug order information shall: (I) write the word void on the face of the invalidated prescription drug order; and (II) record on the reverse of the invalidated prescription drug order the following information: (-a-) the name, address, and if a controlled substance, the DEA registration number of the pharmacy to which such prescription drug order is transferred; (-b-) the name of the pharmacist receiving the prescription drug order information; (-c-) the name of the pharmacist transferring the prescription drug order information; and (-d-) the date of the transfer. (vi) the pharmacist receiving the transferred prescription drug order information shall: (I) write the word transfer on the face of the transferred prescription drug order; and (II) record on the transferred prescription drug order, the following information: (-a-) original date of issuance and date of dispensing, if different from date of issuance; (-b-) original prescription number and the number of refills authorized on the original prescription drug order; (-c-) number of valid refills remaining and the date of last refill; (-d-) name, address, and if a controlled substance, the DEA registration number of the pharmacy from which such prescription information is transferred; and (-e-) name of the pharmacist transferring the prescription drug order information. (4) Records maintained in a data processing system. (A) General requirements for records maintained in a data processing system. (i) Compliance with data processing system requirements. If a pharmacy's data processing system is not in compliance with this subsection, the pharmacy must maintain a manual recordkeeping system as specified in paragraph (3) of this subsection. (ii) Original prescriptions. Original prescriptions shall be maintained as specified in paragraph (2)(F)(iii) of this subsection. (iii) Requirements for back-up systems. (I) The pharmacy shall maintain a back-up copy of information stored in the data processing system using disk, tape, or other electronic back-up system and up- date this back-up copy on a regular basis, at least monthly, to assure that data is not lost due to system failure. (II) Data processing systems shall have a workable (electronic) data retention system which can produce an audit trail of drug usage for the preceding two years as specified in subparagraph (B)(vii) of this paragraph. (iv) Change or discontinuance of a data processing system. (I) Records of dispensing. A pharmacy that changes or discontinues use of a data processing system must: (-a-) transfer the records of dispensing to the new data processing system; or (-b-) purge the records of dispensing to a printout which contains the same information required on the daily printout as specified in subparagraph (B) (ii) of this paragraph. The information on this hard-copy printout shall be sorted and printed by prescription number and list each dispensing for this prescription chronologically. (II) Other records. A pharmacy that changes or discontinues use of a data processing system must: (-a-) transfer the records to the new data processing system; or (-b-) purge the records to a printout which contains all of the information required on the original document. (III) Maintenance of purged records. Information purged from a data processing system must be maintained by the pharmacy for two years from the date of initial entry into the data processing system. (v) Loss of data. The pharmacist-in-charge shall report to the board in writing any significant loss of information from the data processing system within 10 days of discovery of the loss. (B) Records of dispensing. (i) Each time a prescription drug order is filled or refilled, a record of such dispensing shall be entered into the data processing system. (ii) The data processing system shall have the capacity to produce a daily hard- copy printout of all original prescriptions dispensed and refilled. This hard copy printout shall contain the following information: (I) unique identification number of the prescription; (II) date of dispensing; (III) patient name; (IV) prescribing practitioner's name; (V) name and amount of each drug product used in compounding the sterile pharmaceutical; (VI) total quantity dispensed; (VII) initials or an identification code of the dispensing pharmacist; and (VIII) if not immediately retrievable via CRT display, the following shall also be included on the hard-copy printout: (-a-) patient's address; (-b-) prescribing practitioner's address; (-c-) practitioner's DEA registration number, if the prescription drug order is for a controlled substance; (-d-) quantity prescribed, if different from the quantity dispensed; (-e-) date of issuance of the prescription drug order, if different from the date of dispensing; and (-f-) total number of refills dispensed to date for that prescription drug order. (iii) The daily hard-copy printout shall be produced within 72 hours of the date on which the prescription drug orders were dispensed and shall be maintained in a separate file at the pharmacy. Records of controlled substances shall be readily retrievable from records of non-controlled substances. (iv) Each individual pharmacist who dispenses or refills a prescription drug order shall verify that the data indicated on the daily hard-copy printout is correct, by dating and signing such document in the same manner as signing a check or legal document (e.g., J.H. Smith, or John H. Smith) within seven days from the date of dispensing. (v) In lieu of the printout described in clause (ii) of this subparagraph, the pharmacy shall maintain a log book in which each individual pharmacist using the data processing system shall sign a statement each day, attesting to that fact that the information entered into the data processing system that day has been reviewed by him or her and is correct as entered. Such log book shall be maintained at the pharmacy employing such a system for a period of two years after the date of dispensing; provided, however, that the data processing system can produce the hard-copy printout on demand by an authorized agent of the Texas State Board of Pharmacy, Texas Department of Public Safety, or Drug Enforcement Administration. If no printer is available on site, the hard-copy printout shall be available within 48 hours with a certification by the individual providing the printout, which states that the printout is true and correct as of the date of entry and such information has not been altered, amended, or modified. (vi) The pharmacist-in-charge is responsible for the proper maintenance of such records and responsible that such data processing system can produce the records outlined in this section and that such system is in compliance with this subsection. (vii) The data processing system shall be capable of producing a hard- copy printout of an audit trail for all dispensings (original and refill) of any specified strength and dosage form of a drug (by either brand or generic name or both) during a specified time period. (I) Such audit trail shall contain all of the information required on the daily printout as set out in clause (ii) of this subparagraph. (II) The audit trail required in this subparagraph shall be supplied by the pharmacy within 48 hours, if requested by an authorized agent of the Texas State Board of Pharmacy, Texas Department of Public Safety, or Drug Enforcement Administration. (viii) Failure to provide the records set out in this paragraph, either on site or within 48 hours for whatever reason, constitutes prima facie evidence of failure to keep and maintain records. (ix) The data processing system shall provide on-line retrieval (via CRT display or hard-copy printout) of the information set out in clause (ii) of this subparagraph of: (I) the original controlled substance prescription drug orders currently authorized for refilling; and (II) the current refill history for Schedule III, IV, and V controlled substances for the immediately preceding six-month period. (x) In the event that a pharmacy which uses a data processing system experiences system downtime, the following is applicable: (I) an auxiliary procedure shall ensure that refills are authorized by the original prescription drug order and that the maximum number of refills has not been exceeded or authorization from the prescribing practitioner shall be obtained prior to dispensing a refill; and (II) all of the appropriate data shall be retained for on-line data entry as soon as the system is available for use again. (C) Authorization of refills. Practitioner authorization for additional refills of a prescription drug order shall be noted as follows: (i) on the hard-copy prescription drug order; (ii) on the daily hard-copy printout; or (iii) via the CRT display. (D) Transfer of prescription drug order information. For the purpose of refill dispensing, the transfer of original prescription drug order information is permissible between pharmacies, subject to the following requirements. (i) The transfer of original prescription drug order information for controlled substances listed in Schedules III, IV, or V is permissible between pharmacies on a one-time basis. (ii) The transfer of original prescription drug order information for dangerous drugs is permissible between pharmacies without limitation up to the number of originally authorized refills. (iii) The transfer is communicated directly between two licensed pharmacists or as authorized in paragraph (3)(D) of this subsection. (iv) Both the original and the transferred prescription drug orders are maintained for a period of two years from the date of last refill. (v) The pharmacist transferring the prescription drug order information shall: (I) write the word "void" on the face of the invalidated prescription drug order; and (II) record on the reverse of the invalidated prescription drug order the following information: (-a-) the name, address, and if a controlled substance, the DEA registration number of the pharmacy to which such prescription is transferred; (-b-) the name of the pharmacist receiving the prescription drug order information; (-c-) the name of the pharmacist transferring the prescription drug order information; and (-d-) the date of the transfer. (vi) The pharmacist receiving the transferred prescription drug order information shall: (I) write the word "transfer" on the face of the transferred prescription drug order; and (II) record on the transferred prescription drug order, the following information: (-a-) original date of issuance and date of dispensing, if different from date of issuance; (-b-) original prescription number and the number of refills authorized on the original prescription drug order; (-c-) number of valid refills remaining and the date of last refill; (-d-) name, address, and if a controlled substance, the DEA registration number of the pharmacy from which such prescription drug order information is transferred; and (-e-) name of the pharmacist transferring the prescription drug order information. (vii) Prescription drug orders may not be transferred by non- electronic means during periods of downtime except on consultation with and authorization by a prescribing practitioner; provided however, during downtime, a hard-copy of a prescription drug order may be made available for informational purposes only, to the patient or another pharmacist, and the prescription may be read to another pharmacist by telephone. (viii) The original prescription drug order shall be invalidated in the data processing system for purposes of filling or refilling, but shall be maintained in the data processing system for refill history purposes. (ix) If the data processing system has the capacity to store all the information required in clause (v) and (vi) of this subparagraph, the pharmacist is not required to record this information on the original or transferred prescription drug order. (x) The data processing system shall have a mechanism to prohibit the transfer or refilling of controlled substance prescription drug orders which have been previously transferred. (E) Electronic transfer of prescription drug order information between pharmacies. Pharmacies electronically accessing the same prescription drug order records may electronically transfer prescription information if the following requirements are met. (i) The data processing system shall have a mechanism to send a message to the transferring pharmacy containing the following information: (I) the fact that the prescription drug order was transferred; (II) the unique identification number of the prescription drug order transferred; (III) the name of the pharmacy to which it was transferred; and (IV) the date and time of the transfer. (ii) A pharmacist in the transferring pharmacy shall review the message and document the review by signing and dating a hard copy of the message or a log book containing the information required on the message as soon as practical, but in no event more than 72 hours from the time of such transfer. (iii) Pharmacies not owned by the same person may electronically access the same prescription drug order records, provided the owner or chief executive officer of each pharmacy signs an agreement allowing access to such prescription drug order records. (5) Limitation to one type of record keeping system. When filing prescription drug order information a pharmacy may use only one of the two systems described in paragraph (3) or (4) of this subsection. (6) Policy and procedure manual. A policy and procedure manual as it relates to the sterile pharmaceuticals shall be maintained at the pharmacy and be available for inspection. The manual shall include policies and procedures for: (A) clinical services; (B) handling, storage, and disposal of cytotoxic/biohazardous drugs and waste; (C) disposal of unused drugs, supplies, returns. and cytotoxic/biohazardous waste; (D) security; (E) equipment; (F) sanitation; (G) reference materials; (H) drug selection and procurement; (I) drug storage; (J) drug administration to include infusion devices, drug delivery systems, and first dose monitoring; (K) drug labeling; (L) delivery of drugs; (M) record keeping; (N) controlled substances; (O) investigational drugs, including the obtaining of protocols from the principal investigator; (P) quality assurance/quality control; (Q) duties for professional and nonprofessional staff; (R) emergency preparedness plan, to include continuity of patient therapy; and (S) public safety. (7) PMR. A PMR shall be maintained for each patient of the pharmacy. The PMR shall contain at a minimum the following information. (A) patient information: (i) name, gender, and date of birth; (ii) weight and height; (iii) known drug sensitivities and allergies to drugs and/or food; (iv) primary diagnosis and chronic conditions; (v) other drugs the patient is receiving; and (vi) documentation of patient training; (B) prescription drug order information: (i) date of dispensing each sterile pharmaceutical; (ii) unique identification number of the prescription; (iii) physician's name; (iv) name, quantity, and lot number of each product used in compounding the sterile pharmaceutical; (v) quantity dispensed; and (vi) directions for use and method of administration, including infusion rate if applicable. (8) Distribution of controlled substances to another registrant. A pharmacy may distribute controlled substances to a practitioner, another pharmacy. or other registrant, without being registered to distribute, under the following conditions. (A) The registrant to whom the controlled substance is to be distributed is registered under the Controlled Substances Act to dispense that controlled substance. (B) The total number of dosage units of controlled substances distributed by a pharmacy may not exceed 5.0% of all controlled substances dispensed and distributed by the pharmacy during each calendar year in which the pharmacy is registered; if during the same calendar year it does exceed 5.0%, the pharmacy is required to obtain an additional registration to distribute controlled substances. (C) If the distribution is for a Schedule III, IV, or V controlled substance, a record shall be maintained which indicates: (i) the actual date of distribution; (ii) the name, strength, and quantity of controlled substances distributed; (iii) the name, address, and DEA registration number of the distributing pharmacy; and (iv) the name, address, and DEA registration number of the pharmacy, practitioner, or other registrant to whom the controlled substances are distributed. (D) If the distribution is for a Schedule I or II controlled substance, the following is applicable. (i) The pharmacy, practitioner, or other registrant who is receiving the controlled substances shall issue copy 1 and copy 2 of a DEA order form (DEA 222C) to the distributing pharmacy. (ii) The distributing pharmacy shall: (I) complete the area on the DEA order form (DEA 222C) titled "TO BE FILLED IN BY SUPPLIER;" (II) maintain copy 1 of the DEA order form (DEA 222C) at the pharmacy for two years; and (III) forward copy 2 of the DEA order form (DEA 222C) to the divisional office of the Drug Enforcement Administration at the close of the month during which the order is filled. (9) Other records. Other records to be maintained by a pharmacy: (A) a permanent log of the initials or identification codes which will identify each dispensing pharmacist by name (the initials or identification code shall be unique to ensure that each pharmacist can be identified, i.e., identical initials or identification codes shall not be used); (B) copy 3 of DEA order form (DEA 222C) which has been properly dated, initialed, and filed, and all copies of each unaccepted or defective order form and any attached statements or other documents; (C) a hard-copy of the power of attorney to sign DEA 222C order forms (if applicable); (D) suppliers' invoices of dangerous drugs and controlled substances; pharmacists or other responsible individuals shall verify that the controlled drugs listed on the invoices were actually received by clearly recording their initials and the actual date of receipt of the controlled substances; (E) suppliers' credit memos for controlled substances and dangerous drugs; (F) a hard-copy of controlled substances inventories required by sec.291.17 of this title (relating to the Controlled Substances Inventory Requirements); (G) hard-copy reports of surrender or destruction of controlled substances and/or dangerous drugs to an appropriate state or federal agency; (H) records of distribution of controlled substances and/or dangerous drugs to other pharmacies, practitioners or registrants; and (I) a hard-copy of any notification required by the Texas Pharmacy Act or these sections, including, but not limited to, the following: (i) reports of theft or significant loss of controlled substances to DEA, DPS, and the board; (ii) notifications of a change in pharmacist-in-charge of a pharmacy; and (iii) reports of a fire or other disaster which may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or treatment of injury, illness, and disease. (10) Permission to maintain central records. Any pharmacy that uses a centralized recordkeeping system for invoices and financial data shall comply with the following procedures. (A) Controlled substance records. Invoices and financial data for controlled substances may be maintained at a central location provided the following conditions are met. (i) Prior to the initiation of central recordkeeping, the pharmacy submits written notification by registered or certified mail to the divisional director of the Drug Enforcement Administration as required by Title 21, Code of Federal Regulations, sec.1304.04(a), and submits a copy of this written notification to the Texas State Board of Pharmacy. Unless the registrant is informed by the divisional director of the Drug Enforcement Administration that permission to keep central records is denied, the pharmacy may maintain central records commencing 14 days after receipt of notification by the divisional director. (ii) The pharmacy maintains a copy of the notification required in clause (i) of this subparagraph. (iii) The records to be maintained at the central record location shall not include executed DEA order forms, prescription drug orders, or controlled substance inventories, which shall be maintained at the pharmacy. (B) Dangerous drug records. Invoices and financial data for dangerous drugs may be maintained at a central location. (C) Access to records. If the records are kept on microfilm, computer media. or in any form requiring special equipment to render the records easily readable, the pharmacy shall provide access to such equipment with the records. (D) Delivery of records. The pharmacy agrees to deliver all or any part of such records to the pharmacy location within two business days of written request of a board agent or any other authorized official. (E) Ownership of pharmacy records. For purposes of these sections, a pharmacy licensed under the Act is the only entity which may legally own and maintain prescription drug records. (11) Confidentiality. A pharmacist shall provide adequate security of prescription drug order records to prevent indiscriminate or unauthorized access to confidential health information. (f) Triplicate [rescription requirements. (1) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise. (A) Designated agent or authorized agent-An individual under the supervision of a practitioner, designated in writing by the practitioner, and for whom the practitioner assumes responsibility, who communicates the practitioner's instructions to the pharmacist. The written designation of an agent authorized to communicate prescriptions shall be maintained in the usual place of business of the practitioner and shall be available for inspection by investigators for the Texas State Board of Medical Examiners, the State Board of Dental Examiners, the State Board of Veterinary Medical Examiners, or the Department of Public Safety. (B) Emergency situation-For the purpose of authorizing an oral prescription for a Schedule II substance, the term emergency situation means those situations in which the prescribing practitioner determines that: (i) immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user; (ii) no appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and (iii) it is not reasonably possible for the prescribing practitioner to provide a written prescription to a pharmacist prior to the dispensing. (C) Hospital- (i) General hospital-Any establishment offering services, facilities, and beds for use beyond 24 hours for two or more nonrelated individuals requiring diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy, and regularly maintaining at least clinical laboratory services, diagnostic x-ray services, treatment facilities which would include surgery and/or obstetrical care, and other definitive medical or surgical treatment of similar extent. (ii) Special hospital-Any establishment offering services, facilities, and beds for use beyond 24 hours for two or more nonrelated individuals who are regularly admitted, treated, and discharged and require services more intensive than room, board, personal services, and general nursing care and which has clinical laboratory facilities, diagnostic x-ray facilities, treatment facilities, and/or other definitive medical treatment and has a medical house staff in regular attendance, and maintains records of the clinical work performed for each patient. (iii) Ambulatory surgical center-Approved surgical centers licensed by the State Hospital Licensing Board and approved by Medicaid to do day surgery when a patient is not admitted beyond a 24-hour period. (D) Institutional practitioner- (i) An individual who meets each of the following qualifications: (I) not yet licensed by the appropriate state professional licensing board; (II) enrolled in a bona fide professional training program; (III) in a base hospital or institutional training facility registered by the Federal Drug Enforcement Administration; and (IV) authorized by the base hospital or training institution to administer, dispense, or prescribe controlled substances. (ii) Institutional practitioner shall be limited to interns, residents, fellows, or their equivalent. (E) Medical purpose-The utilization of controlled substances for the purpose of relieving or curing mental or physical diseases or infirmities. (F) Possession-The actual care, custody, control, or management. (G) Prescribe-A direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. (H) Triplicate prescription-The official Texas Department of Public Safety prescription form utilized to administer, dispense, prescribe, or deliver a Schedule II narcotic and/or Schedule II-N nonnarcotic controlled substance to an ultimate user. (I) Ultimate user-A person who has lawfully obtained and possess a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or a member of his household. (2) Special instructions. Information and special instruction information regarding procedures under these rules and regulations will be furnished upon request by writing to the Triplicate Prescription Section, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773. (3) Purpose of issuing triplicate prescriptions. (A) A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription. An order purporting to be a prescription not issued in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of the Texas Controlled Substances Act, sec.481.074 and the person knowingly filling such a purported prescription, as well as the person issuing it, may be subject to the penalties provided for violation of the provisions of law or rules relating to controlled substances. (B) Prescriptions for Schedule II controlled substances shall be issued on the triplicate prescription form only and may not be refilled. (4) Emergency dispensing of Schedule II controlled substances. No controlled substance in Schedule II may be administered, dispensed, prescribed, or delivered without the written prescription of a practitioner on a triplicate prescription form, except that in emergency situations, as defined as follows. (A) Schedule II controlled substances may be dispensed upon oral or telephonically communicated prescription of a practitioner or a practitioner's designated agent reduced promptly to writing by the pharmacy and filed by the pharmacy. Within 72 hours after authorizing an emergency oral prescription, the prescribing individual practitioner shall cause a written triplicate prescription, with the Check if Emergency block marked and indicating the emergency quantity prescribed to be delivered to the dispensing pharmacist. In addition to other requirements of the Code of Federal Regulations, Title 21, Chapter 2, Part 1306.05, the prescription shall have written on its face "Authorization for Emergency Dispensing" and the date of the oral order. The federal regulation will be deemed satisfied by marking the block at the bottom of the triplicate prescription form indicating "Check if Emergency" and filling in "Date Issued" space at top of form. (B) The written prescription may be delivered to the pharmacist in person or by mail, but if delivered by mail, it must be postmarked within the 72-hour period. Upon receipt, the dispensing pharmacist shall attach copy 2 of the triplicate prescription to the oral emergency prescription which has earlier been reduced to writing. (C) The dispensing pharmacist shall send copy 1 of the triplicate prescription to the Department of Public Safety within 30 days from the date the prescription is filled. Copy 2 of the triplicate prescription, along with the copy of the oral emergency prescription, will be retained by the pharmacy for two years for inspection purposes. No prescription for a Schedule II controlled substance may be refilled. (5) Exceptions to use of triplicate prescriptions. (A) A medication order written for a patient who is admitted to a hospital at the time the medication order is written and filled is not required to be on a triplicate prescription. (i) "Medication order," as used in this subsection, will mean a drug order issued for administration to a patient admitted to a hospital. (ii) "Admitted to a hospital," as used in this subsection, will include the following: (I) general hospital, special hospitals, ambulatory surgical centers, and surgical suites in dental schools; (II) hospital clinics and emergency room admittance, if the clinic and/or emergency room is under the control, direction, and administration as an integral part of the general or special hospital. (B) A prescription written and filled for a patient who is admitted to a hospital at the time the prescription is written and filled is not required to be on a triplicate prescription; however, such prescription shall comply with the requirement of the Texas Pharmacy Act, sec.40(g). (i) Schedule II controlled substances may be dispensed by a practitioner or pharmacy of the hospital, to a patient who has been admitted to a hospital and who will require an emergency quantity of controlled substances upon release from the hospital. These Schedule II controlled substances may only be dispensed to a patient while such patient is still admitted to and a resident of the hospital. (ii) The amount of Schedule II controlled substances dispensed under this paragraph may only be the amount needed for proper treatment of the patient until access to a pharmacy other than the hospital pharmacy is possible, but in no event may exceed a seven-day supply. However, when an emergency supply is dispensed from the emergency room of the hospital, the amount dispensed may not exceed a 72-hour supply. (iii) The Schedule II controlled substances dispensed under the situations outlined in clause (ii) of this subparagraph must be in a properly labeled container. (6) Pharmacist responsibilities. (A) Upon receipt of copy 1 and copy 2 of a properly completed triplicate prescription from a practitioner, each dispensing pharmacist shall utilize the "Pharmacy Use Only" section and record the following: (i) pharmacy name, address, area code/telephone number, and Drug Enforcement Administration number. This information may be printed, typed, or rubber stamped, or the pharmacist may use a label that is securely affixed in this area; (ii) the dispensing pharmacist's signature in a space located directly below the pharmacy information; (iii) enter in the spaces provided the date filled and the pharmacy prescription number; (iv) ensure that the drug prescribed and/or its substitute is legible on copy 1 and copy 2 of the triplicate prescription. (B) No Schedule II prescription may be dispensed after the end of the seventh day following the date of issuance. (C) A pharmacist may dispense a prescription that is orally or telephonically communicated by a practitioner or his designated agent for a Schedule II controlled substance in emergency situations, as defined by paragraph (1)(B) of this subsection. (i) In such emergency situations the dispensing pharmacist shall reduce promptly to writing the following: (I) name, address, and federal Drug Enforcement Administration number of the prescribing practitioner; (II) drug prescribed, the dosage, and instructions for use; (III) name, address, and age of the person for whom the controlled substance is prescribed (or if an animal, the species and owner's name and address). (ii) The pharmacist shall file the recorded information as set out in subparagraph (C)(i)of this paragraph in the pharmacy's Schedule II prescription files. (iii) Within 72 hours from the time the emergency oral or telephonic communication was received, the practitioner must provide the dispensing pharmacy with the triplicate prescription corresponding to the oral prescription order. If such triplicate prescription is not provided, the pharmacist shall contact the Department of Public Safety and the Drug Enforcement Administration. (iv) The practitioner is required to place the date issued on the triplicate prescription and such date shall be the date the practitioner or his designated agent communicated the emergency oral or telephonic prescription to the pharmacy. (v) The practitioner shall check the block at the bottom of the triplicate prescription which indicates the prescription is an emergency order. If the practitioner fails to check such block, the pharmacist should do so. (vi) The pharmacist shall attach copy 2 to the oral emergency prescription which was reduced to writing upon receipt from the practitioner or practitioner's designated agent. (D) Within 30 days from the date a pharmacist fills a triplicate prescription, the pharmacy is required to mail copy 1 of the form to the Texas Department of Public Safety, Triplicate Prescription Section, P.O. Box 4087, Austin, Texas 78773. (E) Should a prescription be written on a triplicate prescription by a practitioner for a controlled substance other than a Schedule II, the pharmacist may dispense the prescription but shall mark the prescription in such a way as to clearly indicate that the drug dispensed is not a Schedule II controlled substance. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 4, 1991. TRD-9113759 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: November 25, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 832-0661 Chapter 295. Pharmacists 22 TAC sec.295.5 The Texas State Board of Pharmacy adopts an amendment to sec.295.5, without changes to the proposed text as published in the September 10, 1991, issue of the Texas Register (16 TexReg 4920). The amendment increases the total pharmacist license fee from $72 to $86 per year beginning in February 1992. Included in this total is $81 for processing and issuance of a pharmacist license or renewal of a pharmacist license and $5. 00 to fund a program to aid impaired pharmacists and pharmacy students. The $9. 00 increase in the fee for processing and issuance of a pharmacist license or renewal of a pharmacist license is necessary because of a rider attached to the Board of Pharmacy Appropriation in House Bill 1 passed by the 72nd Legislature 1st Called Session. This rider specifies that $226,148 of the appropriated money for the FY92-93 biennium may be used only if the agency increases fees by an amount sufficient to cover that cost of the appropriation. This fee increase, together with a fee increase for pharmacy licenses, will generate the required revenue. It is anticipated that this increase will be necessary for year only. The board will review the fee structure at that time and adjust fees accordingly. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Pharmacy Act, sec.6 and sec.39 (Article 4542a-1) as amended by House Bill 222 passed by the 72nd Legislature, 1st Called Session, which provides the Texas State Board of Pharmacy with the authority to adopt rules necessary for the enforcement of the Act; and charge not more than $100 a year for processing an application and issuance of a pharmacist's license or renewal of a pharmacist's license, and under the Texas Pharmacy Act, sec.27A (Article 4542a-1) as amended by House Bill 333 passed by the 72nd Legislature, Regular Session and House Bill 1 passed by the 72nd Legislature, 1st Called Session which provides TSBP with the authority to add a surcharge of up to $5.00 per license and expend this amount to fund a program to aid impaired pharmacists and pharmacy students. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 4, 1991. TRD-9113762 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: November 25, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 832-0661 Part XXI. Texas State Board of Examiners of Psychologists Chapter 463. Applications 22 TAC sec.463.6 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.6, without changes to the proposed text as published in the October 1, 1991, issue of the Texas Register (16 TexReg 5378). The rule will clarify to applicants that even though they may be employed in an exempt agency if they want their supervised experience to count toward the certification or licensure requirement, the supervision guidelines as stated in board rule sec.465.18 must be followed. Provides information to potential applicants who can then plan their supervision experience so that it is in compliance with board rules. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 1, 1991. TRD-9113741 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: November 22, 1991 Proposal publication date: October 1, 1991 For further information, please call: (512) 835-2036 22 TAC sec.463.20 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.20, without changes to the proposed text as published in the October 1, 1991, issue of the Texas Register (16 TexReg 5378). The board requires that applicants graduate from a school that is regionally accredited at the time of graduation. This will ensure that specific educational requirements have been met. Applicants must have received their degrees from schools that are regionally accredited. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 5412c which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 1, 1991. TRD-9113740 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: November 22, 1991 Proposal publication date: October 1, 1991 For further information, please call: (512) 835-2036 Chapter 465. Rules of Practice 22 TAC sec.465.25 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.465.25, with changes to the proposed text as published in the October 1, 1991, issue of the Texas Register (16 TexReg 5378). The board will accept complaints that deal with allegations against a psychologists professional activities. The amendment will allow the board to prioritize complaints which deal with psychology practice issues. The board will not spend time determining whether a court order has been violated. The title was changed in order to expand the rule to consider all court orders as opposed to court orders involving child custody only. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. sec.465.25. Complaints Alleging Violations of Court Orders. No complaint will be processed against a person if such complaint is predicated upon a violation of a court order unless such complaint includes certified court documents which show that the court has decided that the psychologist did violate the specific court order and the court's action in response to such violation. The board retains the prerogative to act in accordance with the psychologists' Certification and Licensing Act to protect the health, safety, or welfare of the general public. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 1, 1991. TRD-9113743 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: November 22, 1991 Proposal publication date: October 1, 1991 For further information, please call: (512) 835-2036 Chapter 471. Renewals 22 TAC sec.471.6 The Texas State Board of Examiners of Psychologists adopts new sec.471.6, without changes to the proposed text as published in the October 1, 1991, issue of the Texas Register (16 TexReg 5379). Renewals will be processed more timely because the work load of the board's staff will be distributed more evenly throughout the year, and the public will receive more current information about the status of a psychologists license. Psychologists will receive renewal notices which are due the last day of the month of their birth rather than all psychologists receiving renewal notices due in December each year. Cash flow will be more evenly distributed throughout the year. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4512c which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 1, 1991. TRD-9113742 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: November 22, 1991 Proposal publication date: October 1, 1991 For further information, please call: (512) 835-2036 Part XXIV. Texas Board of Veterinary Medical Examiners Chapter 577. General Administration and Duties Staff and Miscellaneous 22 TAC sec.577.13 The Texas Board of Veterinary Medical Examiners adopts new sec.577.13, concerning staff and miscellaneous, with changes to the proposed text as published in the July 30, 1991, issue of the Texas Register (16 TexReg 4140). The adoption of this section is to ensure the safe and timely review of open records which are entrusted to the officer of public records. The section will require that all requests for open records be in writing, with access during regular business hours, by appointment only. If the safety of public records is at issue, physical access to original records may be denied and copies of records will be provided instead. Paragraph (8) of the section is being changed from "copy expense" to "copying expenses." Following are the reasons, Mr. Ellis Gilleland of Austin, opposes adoption of this rule, along with the agency's response. Comment: Proposed sec.577.13 violates the spirit of the Open Records Act in that "The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know." Agency Response: The proposed rule does not violate the spirit of the Act because all records of the board, not exempted under the Veterinary Licensing Act, i.e., investigative files, and/or Article 6252-17a, are open records. Comment: The board's authority for adoption of this rule no longer exists under Article 7465a. Agency Response: The preprinted proposed preamble form listed Article 7465a, which was the board's previous statutory authority. Search for, and review of Article 7465a, would lead a public researcher to the renumbered statute, Article 8890. Comment: The proposed rule violates case-law which holds that an agency may not promulgate a rule to circumvent the purpose of the Open Records Act. Agency Response: The agency is not attempting to adopt a rule designed to circumvent the Open Records Act, but rather one that establishes an efficient, safe, and timely review of open records by the public. Comment: You already have a rule with the number of sec.577.13 entitled "Nonresident Consultants" which has not been repealed. Agency Response: The above referenced rule was posted in the June 22, 1991, issue of the Texas Register for repeal effective July 6, 1991. Comment: The proposed rule states there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Mr. Gilleland states: "This is false statement, in that there will definitely be a 'fiscal implication' in supporting attorney fees related to the litigation that will arise as a result of this proposed anti-Open Records Rule. . . . " Agency Response: Comment misconstrues the basis for the fiscal note. The fact that one individual plans to sue an agency about a rule is not a fiscal implication from enforcing the rule. Comment: The agency anticipates there is no economic cost to persons required to comply with rule as proposed. Mr. Gilleland feels this is a "false statement" since he has spent a large amount of energy, time, and money pursuing access to records protected under the Veterinary Licensing Act. Further, he feels the rule does not establish an efficient, safe, and timely program. Agency Response: The proposed rule will, in fact, save requestor's such as Mr. Gilleland, time and money. The rule does not change the law under the Open Records Act. Comment: Mr. Gilleland feels the proposed rule is a "power grab" or "rip-off" since it states ". . . . review may be by physical access or duplication. The determining factor shall be the conduct and demeanor of the requesting party." Agency Response: The sentence referring to conduct and demeanor has been deleted from the revised rule which is being adopted as amended. The rule merely codifies attorney general interpretation of the Open Records Act. Comment: Mr. Gilleland asked why there is no mention in the proposed rule of the penalties involved for failure to comply with the Open Records Act. Agency Response: The Open Records Act governs the punishment involved and therefore there is no reason to address this in the rule. Comment: Mr. Gilleland states that the Texas Open Records Act does not give agencies the authority to determine whether applicable information is available through physical access or photocopies and that citizens should be allowed physical access and photocopies. Agency Response: The intent of the rule is to deny physical access only when the safety of public records or the ongoing business of the office is at issue. The rule merely codifies formal attorney general opinions interpreting the Open Records Act. Comment: Mr. Gilleland feels that since open records requests must be in writing, it is impossible for them to be disruptive. Agency Response: The rule is addressing open records requests for physical access, which could be very disruptive to the ongoing business of the office. The new section is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to ". . . make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." sec.577.13. Inspection of Public Records Under the Open Records Act. Texas Civil Statutes, Article 8890, sec.9(c) and (d), provide that all of the records of the board are public records and are available for public inspection during normal business hours except that investigative files and records of the board are confidential. In addition, the exceptions to disclosure in Texas Civil Statutes, Article 6252-17a, may protect certain information. This rule is promulgated pursuant to Article 6252-17a to establish a records review program that is efficient, safe, and timely to the public and to the agency. (1) Requests must be in writing and reasonably identify the records requested. (2) Records access will be by appointment only. (3) Records access is available only during the regular business hours of the agency. (4) Unless confidential information is involved, review may be by physical access or by duplication at the requestor's option. Any person, however, whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will be provided the option of receiving copies. Costs of duplication shall be the responsibility of the requesting party in accordance with the established board fee policy, payable at the time of receipt of records, if in person; or in advance if by mail. The board may, in its discretion, waive fees if it is in the public interest to do so. (5) When the safety of any public records is at issue physical access may be denied and the records will be provided by duplication as previously described. (6) Confidential files will not be made available for inspection or for duplication except under certain circumstances, e.g., court order. (7) All open records request appointments will be referred to the executive director or designee before complying with a request. (8) Telephone requests for routine information may be filled over the phone if the information is easily retrievable. If hard copy is requested by the caller, a written request and a cashier's check for postage and copying expenses must be submitted before the request is filled. (9) The open records coordinator for the agency is the executive director and the alternate is the administrative assistant. This agency hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 31, 1991. TRD-9113709 Buddy Matthijetz Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 22, 1991 Proposal publication date: July 30, 1991 For further information, please call: (512) 447-1183 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health Definition, Treatment, and Disposition of Special Waste From Health Care Related Facilities. 25 TAC sec.sec.1.132, 1.136, 1.137 The Texas Department of Health (department) adopts amendments to sec.sec.1.132, 1.136, and sec.1.137. Section 1.132 and sec.1.136 are adopted with changes to the proposed text as published in the August 30, 1991, issue of the Texas Register (16 TexReg 4720). Section 1.137 is adopted without changes and will not be republished. The amendments clarify the requirements for chemical disinfection and make enforcement of the rules simpler. The amendments will allow for new, less expensive methods for treating and disposal of medical waste, which should help to reduce the rate of increase in health care costs. The amendments also bring the language concerning emergency medical service providers into conformance with regulation of emergency medical service providers by the department as required by Senate Bill 312, 71st Legislature, 1989. Concerning sec.1.132, relating to the definition of chemical disinfection, a commenter expressed concern that the chemical disinfectants allowed under the definition could be hazardous materials and that certain types of waste might be sent to a landfill while saturated with hazardous or flammable chemicals. Under the existing definition, there is no restriction on the use of hazardous chemicals as chemical disinfection agents. In response, the department has added language to the definition that requires waste immersed in disinfection agents be thoroughly drained prior to disposal. Also, recently promulgated federal regulations prohibit the disposal of wastes containing free liquids in municipal landfills. Concerning sec.1.132, relating to the definition of chemical disinfection, a commenter objected to the strength of the chlorine solution in the proposed amendment. In response, the department has added a new definition "chlorine disinfection/maceration" which is a new category of treatment. The department has retained the requirement for 1:10 dilution of bleach solution unless the solution is used in enclosed equipment in conjunction with shredding of waste. Concerning sec.1.132, relating to the definition of moist heat disinfection, a commenter objected to the requirements and suggested that no additional methods for waste treatment be approved until the Environmental Protection Agency (EPA) issues a final report on medical waste management sometime in 1992. In response, the department believes that sufficient data in support of the moist heat disinfection methods was submitted to the department for review. These methods will be less expensive than incineration and will enable hospitals, who comprise less than 4.0% of medical waste generators but generate more than 90% of waste, to have less expensive methods available to dispose of their waste. The cost of waste disposal is becoming a significant factor in hospital operating costs and consequently in health care costs. Accordingly, the department made no change as a result of this comment. Concerning sec.1.132, relating to the definition of moist heat disinfection, a commenter suggested that the moist heat disinfection method using low frequency radio-waves should be required to use a performance verification indicator. In response, the department does not believe that a specification of a particular performance verification is necessary because the time period for the second method under moist heat disinfection is four times the time period specified for the microwave option while the temperatures are approximately the same. Accordingly, the department has not accepted the suggestion; however, the department has added language to require the shredding of waste processed using the low frequency radio-waves method. Concerning sec.1.136, relating to approved methods of treatment and disposition, three commenters requested that moist heat disinfection be included for all categories of waste, subject only to the discretion of the generator. In response, the department has added moist heat disinfection as an allowed method for all categories of sharps and as an allowed method for pathological wastes except for body parts and anatomical remains. Although organs, tissues and fetuses could be considered as body parts, since body parts, organs, tissues, and fetuses are specifically cited in the rules, the department believes that it is clear that body parts, in the context of the rules, would refer to external limbs rather than to internal organs. Concerning sec.1.136, a commenter expressed concern about the specification of active chlorine strength in the proposed amendment. In response, the department has added a category of waste treatment called chlorine disinfection/maceration. This method of treatment has been added as an allowed method for animal blood and blood products, animal bedding, microbiological waste, sharps, and some categories of pathological waste. Concerning sec.1.136, a commenter objected to the approval of any new methods of treatment pending the release of an EPA report. The department's response is the same as the previous mentioned response concerning the EPA report relating to the definition of moist heat disinfection. Agencies, groups and associations which commented on the amendments were ABB Sanitec, Inc.; Baptist Memorial Hospital System of San Antonio; Medical Safe Tec. ; Micro-Waste Corporation; and Waste Management of North America, Inc. None of the commenters were opposed to the amendments in their entirety, but they expressed concerns and made recommendations. The amendments are adopted under the Health and Safety Code, sec.sec.81.081-81. 092, which provides the Board of Health (board) with the authority to prevent and control communicable disease; sec.142.012, which authorizes the board to adopt rules concerning home health agencies; sec.241.026, which authorizes the board to adopted rules concerning hospital licenses; sec.243.009, which authorizes the board to adopt rules concerning ambulatory surgical centers; sec.244.009, which authorizes the board to adopt rules covering birthing centers; sec.sec.245.009-245.010, which authorizes the board to adopt rules covering abortion facilities; sec.361.011, which establishes the Department of Health's jurisdiction for managing and controlling municipal solid waste; sec.361.024 which provides the board with authority to adopt rules for the management and control of municipal solid waste; sec.694.001, which authorizes the board to regulate the disposition of dead bodies; Chapter 372, which provides the board with authority to regulate emergency medical service providers; and sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the Texas Department of Health, and the Commissioner of Health. sec.1.132. Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings unless the context clearly indicates otherwise. Chemical disinfection -The use of a chemical agent to reduce significantly microbial activity. The chemical agent used shall be registered with the United States Environmental Protection Agency as a disinfectant and shall be used in accordance with the manufacturer's instructions; or the waste shall be immersed for not less than three minutes in: (A) a freshly prepared solution of household bleach diluted 1:10 with water; or (B) a solution of 70% by volume 2-propanol (isopropyl alcohol) . Waste which has been immersed in a liquid disinfectant must be thoroughly drained before disposal. Chlorine disinfection/maceration -The process of shredding waste in the presence of a chlorine disinfectant solution under negative pressure. The shredded waste must be unrecognizable as to source. The chlorine disinfectant must have a free available chlorine concentration of 1,100 ppm when applied to the waste. The disinfectant solution must be drained from the waste prior to disposal. Moist heat disinfection -The subjection of: (A) internally shredded waste to moist heat, assisted by microwave radiation, to a temperature of at least 95 degrees Celsius under atmospheric pressure for at least 30 minutes causing adequate disinfection as verified by routine performance monitoring using bacillus subtilis test indicators; or (B) unshredded waste in sealed containers to moist heat, assisted by low- frequency radiowaves, to a temperature of at least 90 degrees Celsius under atmospheric pressure for at least two hours, followed by shredding of the waste to the extent that the identity of the waste is unrecognizable. Pathological waste -Pathological waste includes, but is not limited to: (A) (No change.) (B) products of spontaneous or induced human abortions, including body parts, tissues, fetuses, organs, and bulk blood and body fluids; regardless of the period of gestation; (C)-(D) (No change.) sec.1.136. Approved Methods of Treatment and Disposition. (a) Introduction. The following treatment and disposition methods for special waste from health care related facilities are approved by the Texas Board of Health (board) for the waste specified. Where a special waste from a health care related facility is also subject to the sections in Chapter 289 of this title (relating to Occupational Health and Radiation Control), the sections in Chapter 289 shall prevail over the sections in this undesignated head. (1) Animal waste. Animal waste shall be subjected to one of the following methods of treatment and disposal. (A)-(B) (No change.) (C) Bulk whole blood, serum, plasma, and/or other blood components from animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i)-(vi) (No change.) (vii) chemical disinfection followed by grinding and discharging into a sanitary sewer system; (viii) bulk blood, serum, plasma, and/or other blood components of animals intentionally exposed to pathogens which are not contagious may be buried on site under the supervision of a veterinarian licensed to practice veterinary medicine in the State of Texas; (ix) moist heat disinfection followed by deposition in a sanitary landfill; or (x) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (D) Bedding of animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i) (No change.) (ii) incineration followed by deposition of the residue in a sanitary landfill; (iii) bedding of animals intentionally exposed to pathogens which are not contagious may be buried on site under the supervision of a veterinarian licensed to practice veterinary medicine in the State of Texas; (iv) moist heat disinfection followed by deposition in a sanitary landfill; or (v) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (2) Bulk human blood and blood products. Bulk human blood and blood products shall be subjected to one of the following methods of treatment and disposal: (A)-(C) (No change.) (D) chemical disinfection followed by deposition in a sanitary landfill; (E) chemical disinfection followed by grinding and flushing into a sanitary sewer system; (F) moist heat disinfection followed by deposition in a sanitary landfill; or (G) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (3) Microbiological waste. Microbiological waste shall be subjected to one of the following methods of treatment and disposal: (A) cultures and stocks of infectious agents and associated biologicals shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) thermal inactivation followed by deposition in a sanitary landfill; (iv) chemical disinfection followed by deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (B) Cultures of specimens from medical, pathological, pharmaceutical, research, clinical, commercial, industrial, and veterinary laboratories shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) thermal inactivation followed by deposition in a sanitary landfill; (iv) chemical disinfection followed by deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (C) Discarded live and attenuated vaccines shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) thermal inactivation followed by deposition in a sanitary landfill; (iv) chemical disinfection followed by deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (D) Disposable culture dishes shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) thermal inactivation followed by deposition in a sanitary landfill; (iv) chemical disinfection followed by deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (E) Disposable devices used to transfer, inoculate and mix cultures shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) thermal inactivation followed by deposition in a sanitary landfill; (iv) chemical disinfection followed by deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (4) Pathological waste. Pathological waste shall be subjected to one of the following methods of treatment and disposal. (A) Human materials removed during surgery, labor and delivery, autopsy or biopsy shall be subjected to one of the following methods of treatment and disposal: (i) (No change.) (ii) tissues or fetuses: (I)-(II) (No change.) (III) interment; (IV) steam sterilization followed by interment; (V) moist heat disinfection followed by deposition in a sanitary landfill; or (VI) chlorine disinfection/ maceration followed by deposition in a sanitary landfill. (iii) organs: (I)-(II) (No change.) (III) interment; (IV) steam sterilization followed by interment; (V) moist heat disinfection followed by deposition in a sanitary landfill; or (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (iv) bulk human blood and body fluids removed during surgery, labor and delivery, autopsy, or biopsy: (I)-(V) (No change.) (VI) chemical disinfection followed by deposition in a sanitary landfill; (VII) chemical disinfection followed by grinding and discharging into a sanitary sewer system; (VIII) moist heat disinfection followed by deposition in a sanitary landfill; or (IX) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (B) The products of spontaneous or induced human abortion shall be subjected to one of the following methods of treatment and disposal: (i) (No change.) (ii) blood and body fluids: (I)-(V) (No change.) (VI) chemical disinfection followed by deposition in a sanitary landfill; (VII) chemical disinfection followed by grinding and discharging into a sanitary sewer system; (VIII) moist heat disinfection followed by deposition in a sanitary landfill; or (IX) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (C) Laboratory specimens of blood and/or tissues shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) steam sterilization followed by grinding and discharging into a sanitary sewer system; (iv) incineration followed by deposition of the residue in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (D) (No change.) (5) Sharps. Sharps shall be subjected to one of the following methods of treatment and disposal. (A) Hypodermic needles shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) incineration, and if the item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; (iv) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds and deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (B) Hypodermic syringes with attached needles shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) incineration, and if item can cause puncture wounds, placement in a puncture-resistant container, and deposition in a sanitary landfill; (iv) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds and deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (C) Razor blades and disposable razors used in surgery, labor and delivery, or other medical procedures; and scalpel blades shall be subjected to one of the following methods of treatment and disposal: (i)-(ii) (No change.) (iii) incineration, and if item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; (iv) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds and deposition in a sanitary landfill; (v) moist heat disinfection followed by deposition in a sanitary landfill; or (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (D) Pasteur pipettes shall be subjected to one of the following methods of treatment and disposal: (i) (No change.) (ii) steam sterilization, and if the item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; (iii) incineration, and if item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; (iv) moist heat disinfection followed by deposition in a sanitary landfill; or (v) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (E) Broken glass from laboratories shall be subjected to one of the following methods of treatment and disposal: (i) (No change.) (ii) steam sterilization, and if the item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; (iii) incineration, and if item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; (iv) moist heat disinfection followed by deposition in a sanitary landfill; or (v) chlorine disinfection/maceration followed by deposition in a sanitary landfill. (b)-(c) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 31, 1991. TRD-9113596 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: November 21, 1991 Proposal publication date: August 30, 1991 For further information, please call: (512) 458-7271 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 41. Practice and Procedure Subchapter B. Access to Board Records 28 TAC sec.41.155 The executive director of the Texas Workers' Compensation Commission adopts the repeal of sec.41.155, concerning the service of process on the chairman of the Industrial Accident Board for out-of-state employers. The current law, Texas Civil Statutes, Article 8308.2.11(h) Supplemental 1991), appoints the executive director of the commission as the agent for service of process. There is no longer a position of chairman of the Industrial Accident Board in existence. The repeal is adopted without change to the proposed as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2461). The section is repealed in order to conform with the existing statute. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 8306, sec.4(a) (1990) , which specifically authorizes the board to adopt rules to carry out and enforce the Workers' Compensation Act; Article 8308-17.12(b), which requires the commission to delegate appropriate powers and duties to the executive director to administer the workers' compensation laws in effect for injuries that occurred prior to the effective date of the new Texas Workers' Compensation Act (which delegation was made by the commission to the executive director on April 1, 1990); and Article 8308-17.18(d), which states that the commission shall process claims for injuries occurring prior to January 1, 1991, in accordance with the law on the date of injury. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 31, 1991. TRD-9113723 Todd K. Brown Acting Executive Director Texas Workers' Compensation Commission Effective date: November 22, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 440-3972 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter Q. Franchise Tax 34 TAC sec.3.407 The Comptroller of Public Accounts adopts the repeal of sec.3.407, concerning tax on debt, without changes to the proposed text as published in the September 10, 1991, issue of the Texas Register (16 TexReg 4932). The repeal is necessary because taxable long-term debt is no longer part of the franchise tax base. No comments were received regarding repeal of the section. The repeal is adopted under the Tax Code, sec.111.002, which provides the Comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.407. Tax on Debt. (a) Prior to May 1, 1968, franchise tax was imposed on "taxable debt" at the same basic rates applicable to "taxable capital" in Texas Taxation-General Article 12.01(1)(a)(i). Effective on that date the tax rate on debt was decreased each year until April 30, 1973, at which time the tax expired under the terms of the statute. However, a corporation remains liable for the tax on debt which it failed to report and pay for those periods prior to May 1, 1973, which are not tolled by the application of the limitations on collections prescribed in sec.3.402 of this title (relating to Limitations on Collections and Refunds). (b) "Taxable debt" means all outstanding bonds, notes, and debentures, including all written evidences of indebtedness which bear a maturity date of one year or more from date of issue, and all such instrument which bear a maturity date of less than one year from date of issue which represent indebtedness which has remained continuously outstanding for a period of one year or more from date of inception, whether or not said indebtedness has been renewed or extended by the issuance of other evidences of the same indebtedness of the same or other parties. (c) Allocation of taxable debt to Texas is determined by using the same percentage used to allocate taxable capital to Texas prescribed in sec.3.403 of this title (relating to Gross Receipts: Determining Percent of Texas Business). (d) A written promise to pay contained in a promissory note meets the requirements of a "written evidence of indebtedness," although the note or a deed of trust limits the personal liability of the maker or provides that the note may be enforced only against property designated as security. (e) Where the maker of a promissory note is a corporation, the indebtedness represented by the note must be reported in full by the corporation, even though part or all of the proceeds from the note are used to purchase property for other parties. (f) Lease-purchase arrangements whereunder total installments equal the purchase price, and the purported lessee is entitled to purchase during the term of the arrangement or at the termination thereof for a nominal amount, with full credit for prior installment payments, are considered to be contracts of sale rather than of lease and, therefore, the unpaid balances constitute indebtedness for franchise tax purposes. (g) Any written evidence of a binding promise to pay a definite amount at a time certain, or at an ascertainable time, constitutes a "written evidence of indebtedness" for the franchise tax. It may consist of a bill of exchange, a bond, mechanic's lien, a mortgage, promissory note, deed of trust, or other written expression verifying an agreement to pay. (h) A demand note that is outstanding for more than one year is "taxable debt." A demand note that is renewed by simultaneous cancellation and issuance of a new instrument is continuous indebtedness to the extent of the amount of the demand note. (i) A corporation which assumes an existing mortgage against property purchased by it is liable for the franchise tax on the indebtedness. (j) When a note is payable out of monthly oil production, the amount of installments falling due less than a year from date of inception may be estimated. After the note has been outstanding for one year an amended report should be filed with a corrected rate schedule. Penalty and interest will apply if additional tax is due. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1991. TRD-9113452 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: November 20, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 463-4028 Subchapter Z. Coastal Protection Fee 34 TAC sec.3.693 The Comptroller of Public Accounts adopts new sec.3.693, concerning reporting requirements, without changes to the proposed text as published in the September 10, 1991, issue of the Texas Register (16 TexReg 4932). Senate Bill 14, adopted in the 72nd Legislature, 1991, requires the comptroller to administer and enforce the collection of the coastal protection fee imposed on crude oil off-loaded from vessels or loaded onto vessels at marine terminals located in Texas. The new section provides for the collection and reporting of the fee. The new section was adopted on an emergency basis on June 5, 1991, and published in the June 14, 1991, issue of the Texas Register (16 TexReg 3235). No comments were received regarding adoption of the amendment. The new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1991. TRD-9113450 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: November 20, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 463-4028