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 4. AGRICULTURE Part III. Texas Feed and Fertilizer Control Service Chapter 61. Feed Labeling 4 TAC sec.61.22 The Texas Feed and Fertilizer Control Service adopts an amendment to sec.61.22, with changes to the proposed text as published in the October 16, 1992, issue of the Texas Register (17 TexReg 7143). Editorial changes were necessary to make the text correct. The section will function as before. The changes were editorial. One comment was received noting that the word maximum in sec.61.22(4)(A)(vi) (I) should be minimum. The name of a group or association making comments for the section is as follows: OTSC Staff. Agency agrees with comment and changes document to reflect agreement. The amendment is adopted under the Texas Agriculture Code, Chapter 141, sec.141.004, which provides the Texas Feed and Fertilizer Control Service with the authority to adopt rules relating to the distribution of commercial feeds. sec.61.22. Labeling of Commercial Feed. Commercial feed shall be labeled with the information prescribed in the Texas Commercial Feed Control Act (Act) and this part on the principal display panel of the product with the following general format, unless otherwise specifically provided. (1)-(3) (No change.) (4) Guaranteed analysis of the feed. (A) The guaranteed analysis of the feed shall include the following items in the following order, unless exempted in accordance with subparagraph (E) of this paragraph. (i)-(iv) (No change.) (v) The guarantees for minerals shall be expressed as follows. (I) Commercial feeds containing a total of 6.5% or more calcium, phosphorus, and/or salt shall include a guaranteed analysis of the following minerals in the following order: (-a-)-(-c-) (No change.) (-d-) such other minerals as may be required by subclause (IV) of this clause. (II) Minerals, except salt, shall be guaranteed in terms of percentage of the element: (-a-) (No change.) (-b-) other minimum mineral guarantees shall be stated in percentage when the concentration is 1.00% (10,000) ppm or greater; below 10,000 ppm these guarantees may be expressed either in percentage or in ppm as long as the system used is consistent among these minerals on a given product label and among the product labels. (III)-(IV) (No change.) (vi) The guarantees for vitamins shall be expressed as follows. (I) If made, guarantees for minimum vitamin content of commercial feeds and feed supplements shall be stated on the label in milligrams per pound of feed, except that: (-a-)-(-e-) (No change.) (-f-) oils and premixes containing vitamins A, D, and/or E may be labeled to show vitamin content in terms of units per gram. (II) If made, guarantees for vitamin content on the label of a commercial feed shall state the guarantees as menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B point=4.52p [sub]6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and/or carotene. (vii)-(ix) (No change.) (B)-(E) (No change.) (5) Feed ingredients. (A) The feed ingredients statement for a commercial feed shall include the name of each ingredient in the feed or the collective term for each grouping of feed ingredients contained in the feed, unless exempted under subparagraph (J) of this paragraph. (B)-(J) (No change.) (6)-(7) (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 College Station, Texas, on November 24, 1992. TRD-9215878 George W. Latimer, Jr. Texas State Chemist Texas Feed and Fertilizer Control Service Effective date: December 16, 1992 Proposal publication date: October 16, 1992 For further information, please call: (409) 845-1121 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter H. Tariffs and Schedules 16 TAC sec.5.133 The Railroad Commission of Texas adopts an amendment to sec.5.133, concerning Allowances Prohibited, with changes to the proposed text as published in the October 16, 1992, issue of the Texas Register (17 TexReg 7144). Current sand and gravel transportation industry practices with regard to combined bids for both regulated and unregulated transportation present a problem because something of value, namely the difference between fair market charges for the involved unregulated transportation and the actual charge for such transportation in a combined bid, is being provided to shippers by carriers in order to secure regulated transportation business. That practice is a violation of the Commission's regulations. Adoption of subsection (d) will assist in the enforcement of existing Commission regulations prohibiting allowances to shippers. The text of subsection (d) has been revised to: clarify the kinds of combined quotes that must separately state regulated and unregulated charges; and change a reference to unregulated "commodities" to unregulated "transportation." Proposed subsection (e) is not adopted because the segregated charge for unregulated transportation may not accurately reflect the fair market value for the service in every instance. The amended section will prevent manipulation of regulated transportation rates and will facilitate enforcement of the commission's regulations prohibiting allowances given to shippers. Comments were received from 11 sand and gravel carriers, as well as from the Sand and Gravel Motor Carriers Association, Inc., an association of sand and gravel carriers. All of the comments were in opposition to the proposed amendment on the grounds that the Commission should not "regulate" unregulated transportation, and that there is no problem that needs to be addressed by this amendment. The commission believes that a problem does exist with respect to the possibility of allowances in the form of unreasonably low unregulated charges being given to shippers by carriers as an inducement to receive regulated transportation. By not adopting proposed subsection (e), the commission is not regulating transportation outside its jurisdiction. The amendment is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes the commission to regulate motor carriers in all matters. sec.5.133. Allowances Prohibited. (a)-(c) (No change.) (d) No motor carrier authorized to transport sand, gravel, aggregate, and other construction materials or road building materials, in bulk, shall directly or indirectly offer to provide any regulated motor carrier service pursuant to certificates issued by this commission on the basis of a combination bid, quote, or invoice that includes both the regulated transportation of these materials at approved commission rates and the unregulated transportation of these materials unless there is clearly shown and set forth in the bid, quote, or invoice the exact and true rate to be charged for such unregulated transportation, and a separate and distinct statement for freight charges for not less than the established commission rate for any associated regulated transportation to the same project or the same customer. 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 23, 1992. TRD-9215721 Nolan Ward Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: December 14, 1992 Proposal publication date: October 16, 1992 For further information, please call: (512) 463-7094 TITLE 22. EXAMINING BOARDS Part IX. Texas State Board of Medical Examiners Chapter 163. Licensure 22 TAC sec.163.3 The Texas State Board of Medical Examiners adopts the repeal of sec.163.3 concerning examinations required by the board for licensure, without changes to the proposed text as published in the October 20, 1992, issue of the Texas Register (17 TexReg 7305). Extensive rewrite of the section was felt necessary; therefore repeal with simultaneous new wording is adopted. The section will function by clarification by omission. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this 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 November 23, 1992. TRD-9215762 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: December 15, 1992 Proposal publication date: October 20, 1992 For further information, please call: (512) 834-4502 The Texas State Board of Medical Examiners adopts new sec.163.3 concerning examinations required by the board for licensure, without changes to the proposed text as published in the October 20, 1992 issue of the Texas Register (17 TexReg 7306). Extensive rewrite was felt necessary; therefore, repeal with simultaneous new chapter wording is adopted to allow for acceptance of the United States Medical Licensing Examination for licensure in Texas. The section will function by clarifying the rules under which a physician may be licensed based on passage of the United States Medical Licensing Examination. One comment was received. The commentor requested that a new paragraph be added to the rules stating that the National Board of Osteopathic Medical Examiners examination be accepted as an examination for licensure by the board. The issue of licensure by examination based on the National Board of Osteopathic Medical Examiners Examination was addressed in a previous rule change. The Texas State Board of Medical Examiners voted to not accept this as a means for licensure by examination. The new section is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this 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 November 23, 1992. TRD-9215763 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: December 15, 1992 Proposal publication date: October 20, 1992 For further information, please call: (512) 834-4502 22 TAC sec.163.9 The Texas State Board of Medical Examiners adopts an amendment to sec.163. 9 concerning procedural rules for all licensure applicants, with changes to the proposed text as published in the October 20, 1992, issue of the Texas Register (17 TexReg 7306). The section will clarify the term "full force" as used in the Medical Practice Act regarding procedural rules for licensure applicants. The section will function by clarifying the rules regarding whether a licensure applicant by reciprocal endorsement has a valid license in another state with which to reciprocate. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. sec.163.9. Procedure Rules for all Licensure Applicants. (a)-(i) (No change.) (j) Applicants for licensure by reciprocal endorsement, must possess a license in another jurisdiction which is in full force and not canceled, suspended, revoked, or restricted. A physician with a license in full force may include a physician who does not have a current, active, valid annual permit in another jurisdiction because: (1) that jurisdiction requires the physician to practice in the jurisdiction before the annual permit is current or; (2) that jurisdiction requires the physician, prior to practicing in that jurisdiction, to hold a current professional liability insurance policy before the annual permit is current. 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 23, 1992. TRD-9215764 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: December 15, 1992 Proposal publication date: October 20, 1992 For further information, please call: (512) 834-4502 Chapter 165. Administration of Examinations 22 TAC sec.165.1 The Texas State Board of Medical Examiners adopts an amendment to sec.165. 1, concerning examination administration, without changes to the proposed text as published in the October 20, 1992, issue of the Texas Register (17 TexReg 7307). The amendment will allow for acceptance of the United States Medical Licensing Examination as a means for licensure in Texas. The amendment will enable clarification of the examinations to be administered by the board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this 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 November 23, 1992. TRD-9215765 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: December 15, 1992 Proposal publication date: October 20, 1992 For further information, please call: (512) 834-4502 Chapter 171. Institutional Permits 22 TAC sec.171.9 The Texas State Board of Medical Examiners adopts new sec.171.9, concerning teaching fellow permit, without changes to the proposed text as published in the October 20, 1992, issue of the Texas Register (17 TexReg 7307). The new section will allow for a teaching permit at Texas medical schools under certain conditions. The section will function by allowing qualified physicians to teach at Texas medical schools without obtaining full licensure. The permit will be issued to the institution authorizing the named teaching fellow to practice within the teaching confines of the medical school as a part of the duties and responsibilities assigned by the school. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations, and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this 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 November 23, 1992. TRD-9215766 Homer R. Goehrs, M.D. Executive Director Texas State Board of Medical Examiners Effective date: December 15, 1992 Proposal publication date: October 20, 1992 For further information, please call: (512) 834-4502 Part XI. Board of Nurse Examiners Chapter 217. Licensure and Practice 22 TAC sec.217.11 The Board of Nurse Examiners adopts the repeal of sec.217.11, without changes to the proposed text as published in the October 6, 1992, issue of the Texas Register (17 TexReg 6848). The adoption of the repeal of this section will allow the adoption of a new, more current section. The adoption of the repeal of this section will permit the adoption of a new section with extensive rewrite for clarification purposes. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting 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 24, 1992. TRD-9215881 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: December 16, 1992 Proposal publication date: October 6, 1992 For further information, please call: (512) 835-8650 The Board of Nurse Examiners adopts new sec.217.11, with changes to the proposed text as published in the October 6, 1992, issue of the Texas Register (17 TexReg 6848). The adoption of this section will provide clarification to RNs as to the board's definition of the current legal standards of nursing practice that would ensure the welfare of the client. These recommendations were made by the task force convened by the Board of Nurse Examiners to review the rule. The adoption of the new section will provide a clearer definition of standards of professional nursing practice which addresses current aspects of nursing practice. COMMENT: Four commenters suggested that sec.217.11(1) which requires the RN to "know and conform to the Nurse Practice Act and the Board's rules and regulations as well as all Federal, state, or local laws, rules, or regulations affecting the practice of professional nursing" is too broad. RESPONSE: The board agrees with the commenters and made appropriate changes. COMMENT: One commenter questioned the exact meaning of the term "systematic approach" in sec.217.11(3). RESPONSE: The Board does not believe the change is substantive. The task force recommended the change from "nursing process" in the current rules to "systematic approach" to allow other systems (i.e., case management, etc.) to meet this standard. COMMENT: Two commenters questioned the addition of the term "non-efficacious" in sec.217.11(5) and asked if it could be construed that the RN is making a medical judgment. RESPONSE: The board believes that "non-efficacious" is a term frequently related to drug utilization and that RNs should be expected to question the non- efficacious use of drugs. COMMENTS: Three commenters questioned sec.217.11(20) regarding the reporting of other health care practitioners to their boards. Two agreed that RNs should report unsafe practice but should not assume responsibility for monitoring others. One commenter raised a question about the liability of RNs who report other health care providers. RESPONSE: The board believes that the language "The RN should report unsafe practice conditions or other practitioners to the appropriate authority or licensing board," does not require the RN to monitor or sit in judgment. It merely indicates to the RN that the board expects RNs to report unsafe conditions or practitioners. This mirrors the language in Article 4525a, sec.7. The wording in sec.217.11(20) was added in response to the Senate Subcommittee's question about whether the board could take action against an RN for failing to report blatant abuse by facilities or other health care providers. The statutory projections regarding immunity in Article 4525a, sec.10(a) relate to those filing a report. COMMENT: One commenter recommended using consistent wording where "educational preparation, knowledge, ability, and experience" appear. RESPONSE: The board agrees and will make those changes in sec.217.11(15) and (17). COMMENT: One commenter suggested that "supervise" does not indicate the quality of the supervision in sec.217.11(16). RESPONSE: This is the current language and it has not presented a problem. COMMENT: One commenter stated that sec.217.11(20) should track the identical language in the statute. RESPONSE: The comment appears semantic and not substantive; therefore, the board made no changes. Each of the following commenters were neither for nor against the proposed new rule; rather, they offered suggestions for the board's consideration: The University of Texas at Arlington; Directors of Nursing Services, Methodist Hospital, Lubbock; Texas Nurses Association. The amendments are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce and rules and regulations necessary for the performance of its duties before it. sec.217.11. Standards of Professional Nursing Practice. The responsibility of the Texas Board of Nurse Examiners (board) is to regulate the practice of professional nursing within the State of Texas. The purpose of defining standards of practice is to identify roles and responsibilities of the registered professional nurse (RN) in any health care setting. The standards for professional nursing practice shall establish a minimum acceptable level of professional nursing practice. The RN shall: (1) know and conform to the Texas Nurse Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules, or regulations affecting the RN's current area of nursing practice; (2) provide, without discrimination, nursing services regardless of the age, disability, economic status, gender, national origin, race, religion, or health problems of the client served; (3) use a systematic approach to provide individualized, goal-directed nursing care by: (A) performing nursing assessments regarding the health status of the client; (B) making nursing diagnoses which serve as the basis for the strategy of care; (C) developing a plan of care based on assessment and nursing diagnosis; (D) implementing nursing care; and (E) evaluating the client's responses to nursing interventions; (4) institute appropriate nursing intervention which might be required to stabilize a client's condition and/or prevent complications; (5) clarify any order or treatment regimen that the nurse has reason to believe is inaccurate, non-efficacious, or contraindicated by consulting with the appropriate licensed practitioner and notifying the ordering practitioner when the RN makes the decision not to administer the medication or treatment; (6) know the rationale for and the effects of medications and treatments and shall correctly administer the same; (7) accurately report and document the client's symptoms, responses, and status; (8) implement measures to promote a safe environment for clients and others; (9) implement measures to prevent exposure to infectious pathogens and communicable conditions; (10) respect the client's right to privacy by protecting confidential information unless obligated or allowed by law to disclose the information; (11) promote and participate in client education and counseling based on health needs; (12) collaborate with the client, members of the health care team and, when appropriate, the client's significant other(s) in the interest of the client's health care; (13) consult with, utilize, and make referrals to appropriate community agencies and health care resources to provide continuity of care; (14) when acting in the role of nurse administrator, assure that adequate strategies are in place to verify the current Texas licensure and credentials of personnel for whom he/she is responsible; (15) make assignments to others that take into consideration client safety and which are commensurate with the educational preparation, experience, knowledge, and ability of the persons to whom the assignments are made; (16) supervise nursing care provided by others for whom the RN is administratively or professionally responsible; (17) accept only those nursing assignments that are commensurate with one's own educational preparation, experience, knowledge, and ability; (18) obtain instruction and supervision as necessary when implementing nursing procedures or practices; (19) be responsible for one's own continuing competence in nursing practice and individual professional growth; (20) report unsafe nursing practice by an RN which a nurse has reasonable cause to suspect has exposed or is likely to expose a client unnecessarily to risk of harm as a result of failing to provide client care that conforms to the minimum standards of acceptable and prevailing professional practice. The RN should report unsafe practice conditions or other practitioners to the appropriate authority or licensing 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 24, 1992. TRD-9215882 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: December 16, 1992 Proposal publication date: October 6, 1992 For further information, please call: (512) 835-8650 22 TAC sec.217.13 The Board of Nurse Examiners adopts the repeal of sec.217.13, without changes to the proposed text as published in the October 6, 1992, issue of the Texas Register (17 TexReg 6849). The adoption of the repeal of this section is necessary to allow the adoption of a new section. The adoption of the repeal will allow adoption of the new section offering further clarification of the definition of "unprofessional conduct" by a registered nurse. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting 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 24, 1992. TRD-9215883 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: December 16, 1992 Proposal publication date: October 6, 1992 For further information, please call: (512) 835-8650 The Board of Nurse Examiners adopts new sec.217.13, with changes to the proposed text as published in the October 6, 1992, issue of the Texas Register (17 TexReg 6849). The new section is being adopted to provide further clarification of the board's definition of "unprofessional conduct." The language provides a clear list of behaviors which the board deems to be unprofessional and thereby harmful to the public. These recommended changes are the result of the task force convened by the Board of Nurse Examiners to review the rules. The adoption of this section will provide greater public protection as a result of establishing a clearer definition of "unprofessional conduct" by a registered nurse. COMMENT: Four commenters suggested that sec.217.13(1) which requires the RN to "know and conform to the Nurse Practice Act and the Board's rules and regulations as well as all Federal, state, or local laws, rules, or regulations affecting the practice of professional nursing" is too broad. RESPONSE: The board agrees with the commenters and made the appropriate change in the wording. COMMENT: One commenter stated that the addition of "emotional condition" in sec.217.13(11) would be obvious and the nurse would not practice if she/he was emotionally unable. RESPONSE: The board disagrees with the commenter and believes the subsection as stated is necessary in order to more effectively protect the public. COMMENT: One commenter questioned what "failing to take precautions" constitutes in sec.217.13(15). RESPONSE: This is not new language. The current rule already contains the language which has not presented any problems. COMMENT: One commenter questioned "within a reasonable time" in sec.217. 13(20). RESPONSE: Again, this is not new language. COMMENT: One commenter asked the board to include qualifiers in its unprofessional conduct rules stating that these qualifiers would reduce unnecessary reporting of minor violations. RESPONSE: The commenter's proposed language would significantly narrow the intent and expressed language of Article 4525a. Therefore, the board does not believe any change is necessary. COMMENT: One commenter recommended using consistent wording where "educational preparation, knowledge, ability and experience" appear. RESPONSE: The board agrees and will make those changes in sec.217.13(9) and (11). COMMENT: One commenter stated that sec.217.13(20) should track the identical language in the statute. RESPONSE: The comment appears semantic and not substantive; therefore, no change was necessary. COMMENT: One commenter suggested splitting sec.217.13(10) into two separate parts. RESPONSE: The board does not feel this is necessary. COMMENT: One commenter suggested that an additional qualifier be added to sec.217.13(13). RESPONSE: The proposed language is consistent with current language and has not presented a problem. COMMENT: One commenter suggested that sec.217.13(18) include a reference to the Health and Safety Code regarding referrals. RESPONSE: The board believes nurses do not have access to the Health and Safety Code and that the proposed language gives the nurse appropriate direction. Each of the following commenters were neither for nor against the proposed new rule; rather, they offered suggestions for the board's consideration: The University of Texas at Arlington; Directors of Nursing Services, Methodist Hospital, Lubbock; Texas Nurses Association. The new section is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce and rules and regulations necessary for the performance of its duties before it. sec.217.13. Unprofessional Conduct. The unprofessional conduct rules are intended to protect clients and the public from incompetent, unethical, or illegal conduct of licensees. The purpose of these rules is to identify unprofessional or dishonorable behaviors of the registered professional nurse (RN) which the board believes are likely to deceive, defraud, or injure clients or the public. These behaviors include, but are not limited to: (1) failing to know and conform to the Texas Nurse Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules, or regulations affecting the RN's current area of nursing practice; (2) failing to assess and evaluate a client's status or failing to institute nursing interventions which might be required to stabilize a client's condition or prevent complications; (3) failing to administer medications or treatments or both in a responsible manner; (4) failing to accurately or intelligibly report and/or document a client's status including signs, symptoms, or responses and the nursing care delivered; (5) failing to make entries, destroying entries, and/or making false entries in records pertaining to care of clients; (6) causing or permitting physical, emotional, or verbal abuse or injury to the client or the public, or failing to report same to the employer, appropriate legal authority, and/or licensing board; (7) disclosing confidential information or knowledge concerning the client except where required or allowed by law; (8) when acting in the role of nurse administrator, failing to assure that strategies are in place to verify the current Texas licensure/credentials of personnel for whom he/she is administratively responsible; (9) delegating nursing care functions to a person who lacks the educational preparation, experience, knowledge, or ability to perform these functions; (10) making assignments of nursing care to a person who lacks the ability or knowledge to perform such assignments, or failing to supervise the delivery of nursing care for which the RN is responsible; (11) accepting an assignment when one's physical or emotional condition prevents the safe and effective delivery of care or accepting an assignment for which one lacks the educational preparation, experience, knowledge, or ability; (12) failing to obtain instruction or supervision when implementing nursing procedures or practices for which one lacks the educational preparation, ability, knowledge, and/or experience; (13) leaving a nursing assignment without notifying one's immediate supervisor; (14) failing to follow the policy and procedure for the wastage of medications at the facility where the RN was employed or working at the time of the incident; (15) misappropriating, in connection with the practice of nursing, medications, supplies, equipment, or personal items of the client, employer, or any other person or entity or failing to take precautions to prevent such misappropriation; (16) passing, or attempting to pass forged, altered, falsified, or unauthorized prescription(s) by electronic, telephonic, written communication or any other means; (17) providing information which was false, deceptive, or misleading in connection with the practice of professional nursing or failing to answer specific questions that would have affected the decision to license, employ, certify, or otherwise utilize an RN; (18) offering, giving, soliciting, or receiving or agreeing to receive, directly or indirectly, any fee or other consideration to or from a third party for the referral of a client in connection with the performance of professional services; (19) physically, emotionally, or financially exploiting the client or the client's significant other(s); (20) failing to report to the board or to a board approved peer assistance program, if applicable, within a reasonable time of the occurrence, any violation or attempted violation of the Nurse Practice Act or duly promulgated rules, regulations, or orders; (21) failing to report the unauthorized practice of professional nursing; (22) failing to repay a guaranteed student loan, as provided in the Texas Education Code, sec.57.491. 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 24, 1992. TRD-9215884 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: December 16, 1992 Proposal publication date: October 6, 1992 For further information, please call: (512) 835-8650 Chapter 218. Delegation of Selected Nursing Tasks by Registered Nurses to Unlicensed Personnel 22 TAC sec.sec.218.1-218.12 The Board of Nurse Examiners adopts the repeal of sec. sec.218.1-218.12, without changes to the proposed text as published in the October 6, 1992, issue of the Texas Register (17 TexReg 6850). The repeals are adopted to enable the adoption of the new chapter of delegation rules. Adoption of the repeals of this chapter will be clarification by omission and enabling the adoption of the rewrite of the chapter. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting 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 24, 1992. TRD-9215885 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: December 16, 1992 Proposal publication date: October 6, 1992 For further information, please call: (512) 835-8650 22 TAC sec.sec.218.1-218.11 The Board of Nurse Examiners adopts new sec.sec.218.1-218.11. Sections 218.4, 218.8, and 218.9 are adopted with changes to the proposed text as published in the October 6, 1992, issue of the Texas Register (17 TexReg 6851). Sections 218.1-218.3, 218.5-218.7, 218.10, and 218.11 are adopted without changes and will not be republished. The adoption of this chapter will provide clear direction to the RN regarding delegation of selected nursing tasks to unlicensed persons providing service in a variety of settings. This new language was the result of recommendations made by the task force convened by the Board of Nurse Examiners. The rules provide guidance as to what may and may not be delegated and under what conditions tasks may be delegated. This will better protect the recipient of nursing care by providing guidelines for nursing care that may be safely delegated to unlicensed persons in a variety of settings. COMMENT: Five commenters asked the board to broaden the delegable task to include injectable medications such as insulin. RESPONSE: Based upon the discussion which occurred during the task force meetings, it was felt that this would generate a great deal of opposition. COMMENT: One commenter suggested that the board retain the exclusions in the current rules, especially sec.218.12; that maintaining the exclusions would assist parents in dealing with school districts. RESPONSE: The board felt the exclusions were no longer necessary since the proposed new rules are set forth to guide the nurse. COMMENT: One commenter recommended strengthening the language regarding partnership between the nurse and client. RESPONSE: The rules do address partnership. The amount of partnership varies from setting to setting and over emphasis of this one aspect may be inappropriate at certain times and in certain settings. COMMENT: One commenter suggested that the language regarding "communication through traditional or non-traditional means" which was dropped from the rules be reinstated. RESPONSE: The board agreed with the commenter. COMMENT: One commenter was concerned that no minimum standards for frequency of supervision had been established for those delivering services in the independent living environments and that lack of a standard could cause conflict between the nurse and client. RESPONSE: The task force felt that the RN should make the decision based on the many variables involved. The board agreed with the task force. COMMENT: One commenter stated that the rules give no direction on how to document the verification of the unlicensed person's knowledge and ability to perform the delegated task. RESPONSE: The board's rules typically have not been prescriptive. COMMENT: One commenter suggested that the word complex be used to replace the word skilled in sec.218.4(2)(B). RESPONSE: The board feels that RNs are familiar with the term "skilled" as it relates to home health service and therefore, no changes are necessary. COMMENT: A suggestion was made to add "unless the context indicates other- wise" to the definition of client. RESPONSE: It was felt this wording is not necessary. COMMENT: A suggestion was made that sec.218.4(2)(C) be reworded to add "individual client and, if appropriate, families and significant others." RESPONSE: The board had no objection and added the language. COMMENT: A suggestion was made to add "where the client participates in the management of their care" to sec.218.8(2) to clarify the client's involvement. RESPONSE: The board agreed as the suggestion does not change the content or intent of the rules. None of the following were opposed, rather offering suggested changes. Seven groups commended the board and the task force for its efforts in developing the rules: Texas Nurses Association; Early Childhood Intervention Program; Personal Attendant Services Task Force; Texas Respite Resource Network; Association for Retarded Citizens; Texas Planning Council for Developmental Disabilities; Visiting Nurses Association; Texas Department of Human Services; Amarillo Area Hospital Home Care; ADVOCACY, Inc.; Texas Association of Home Care. The new sections are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce and rules and regulations necessary for the performance of its duties before it. sec.218.4. Supervision. The registered professional nurse shall provide supervision of all nursing tasks delegated to unlicensed persons in accordance with the following conditions. (1) The degree of supervision required shall be determined by the RN after an evaluation of appropriate factors involved including, but not limited to, the following: (A) the stability of the condition of the client; (B) the training and capability of the unlicensed person to whom the nursing task is delegated; (C) the nature of the nursing task being delegated; and (D) the proximity and availability of the RN to the unlicensed person when the nursing task will be performed. (2) When the RN delegates nursing tasks to unlicensed persons, the RN or another equally qualified RN shall be available in person or by telecommunications, and shall make decisions about appropriate levels of supervision using the following examples as guidelines. (A) In situations where the RN's regularly scheduled presence is required to provide nursing services, including assessment, planning, intervention, and evaluation of clients whose health conditions are changing and/or to evaluate client's health status, the RN must be readily available to supervise the unlicensed person in the performance of delegated tasks. Settings include, but are not limited to, acute care, long term care, rehabilitation centers, and/or clinics providing public health services. (B) In situations where nursing care is provided in the client's residence and the RN is required to assess, plan, intervene, and evaluate the client's unstable and unpredictable condition and need for skilled nursing services, the RN shall be responsible for the nursing care rendered and shall make supervisory visits at least every two weeks. The RN shall assess the between the unlicensed person and the client to determine whether health care goals are being met. Settings include, but are not limited to, group homes, foster homes, and/or the client's residence. (C) In situations where nursing care is provided in the client's residence or independent living environments and the client has stable and predictable health care needs, the RN shall make supervisory visits when, in consultation with the individual client and when appropriate, family and significant others, the RN determines it is necessary to assure that safe and effective services are provided. The ability or desire of the client to participate in the supervision of the care provided by the unlicensed person should be considered when establishing the frequency of supervisory visits. Settings include, but are not limited to, hospice care, group homes, foster homes, the client's residence, school, and place of work. sec.218.8. Administration of Medications. The administration of medications may be delegated only in accordance with this section. (1) In settings where the registered professional nurses' regularly scheduled presence is required to perform ongoing assessment, intervention, and evaluation of the client's health status/stability, the RN may only delegate in compliance with subparagraphs (A) and (B) of this section. (A) An RN may delegate the administration of medications to unlicensed persons working in a long-term care setting and holding valid medication aide permits issued by the Texas Department of Health under the Health and Safety Code, Chapter 242, Subchapter F. The RN shall be knowledgeable regarding the rules of the Texas Department of Health governing medication aides and shall assure that the medication aide is in compliance with the statute. (B) An RN may delegate the administration of medications to unlicensed persons working in a home health setting and holding valid home health medication aide permits issued by the Texas Department of Health under the Health and Safety Code, Chapter 142, Subchapter B. The RN shall be knowledgeable regarding the rules of the Texas Department of Health governing home health medication aides and shall assure that the home health medication aide is in compliance with the statute. The RN shall make a supervisory visit while the medication aide is in the client's residence at least weekly or when any change in medication regimen is ordered. (2) In independent living environments where the client's clinical and behavioral status is stable and predictable, does not require the regular presence and assessment, intervention, and evaluation by an RN, and the client has expressed his/her ability and willingness to participate in the management of his/her care, including hospice settings where the client's deteriorating condition is predictable, the RN may delegate the administration of medications. The delegation may only occur after the RN has trained or verified the training of the unlicensed person to administer the medication. The RN may only delegate medications which are administered orally or via permanently placed feeding tubes, sublingually, or topically, including eye, ear, and nose drops and vaginal or rectal suppositories. (3) An RN shall not delegate the following tasks to any medication provider: (A) calculation of any medication doses except for measuring a prescribed amount of liquid medication and breaking a tablet for administration, provided the RN has calculated the dose; (B) administration of the initial dose of a medication that has not been previously administered to the client; (C) administration of medications by any injectable route; (D) administration of medications used for intermittent positive pressure breathing or other methods involving medication inhalation treat- ments; (E) administration of medications by way of a tube inserted in a cavity of the body except as stated in paragraph (2) of this section (relating to administration of medications); (F) responsibility for receiving verbal or telephone orders from a physician, dentist, or podiatrist; and (G) responsibility for ordering a client's medication from the pharmacy. sec.218.9. Specific Nursing Tasks Which May Be Delegated. (a) By way of example, and not in limitation, the following nursing tasks are ones that are within the scope of sound professional nursing practice to be delegated, regardless of the setting, provided the delegation is in compliance with sec.218.3 of this title (relating to General Criteria for Delegation) and the level of supervision required is determined by the RN: (1) non-invasive and non-sterile treatments unless otherwise prohibited by sec.218.10 of this title (relating to Nursing Tasks That May Not Be Routinely Delegated); (2) the collecting, reporting, and documentation of data including, but not limited to: (A) vital signs, height, weight, intake and output, clinitest, and hematest results; (B) changes from baseline data established by the RN; (C) environmental situations; (D) client or family comments relating to the client's care; and (E) behaviors related to the plan of care; (3) ambulation, positioning, and turning; (4) transportation of the client within a facility; (5) personal hygiene and elimination, including vaginal irrigations and cleansing enemas; (6) feeding, cutting up of food, or placing of meal trays; (7) socialization activities; (8) activities of daily living; and (9) reinforcement of health teaching planned and/or provided by the registered nurse. (b) By way of example, and not in limitation, in independent living environments, where the client has stable and predictable health care needs, the RN may delegate activities of daily living and nursing tasks required for maintenance of the client's status. These tasks may only be delegated in accordance with sec.218.3 and sec.218.4 of this title (relating to General Criteria and Supervision) when the RN has assessed the client's available support systems and the client has expressed, through traditional or non- traditional means of communication, his/her ability and willingness to share in the management of his/her care. Delegable tasks, in addition to those identified in subsection (a) of this section include: (1) medication administration in compliance with sec.218.8(2) of this title (relating to Administration of Medications); (2) assistance with feeding, including tube feeding through permanently placed tubes; (3) assistance with elimination, including intermittent catheterization; and (4) assistance with other activities necessary to maintain the independence of the client such as maintenance of skin integrity and mobility. 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 24, 1992. TRD-9215886 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: December 16, 1992 Proposal publication date: October 6, 1992 For further information, please call: (512) 835-8650 Chapter 221. Advanced Nurse Practitioners 22 TAC sec.221.2 The Board of Nurse Examiners adopts an amendment to sec.221.2, without changes to the proposed text as published in the October 9, 1992, issue of the Texas Register (17 TexReg 6996). The amendment is being adopted in response to the recommendations made by the ANP Advisory Committee for a petitioning process for individuals not previously qualified to be recognized as Advanced Nurse Practitioners due to ANP educational programs lacking accreditation. This amendment creates the petitioning process for those individuals not previously qualified to be recognized as ANPs due to educational programs lacking accreditation. Those early pioneers of the Nurse Practitioner movement will be afforded the opportunity to demonstrate that they are safe and effective practitioners; to obtain board approval and to meet the health care needs of their communities through advanced practice. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting 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 24, 1992. TRD-9215887 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: December 16, 1992 Proposal publication date: October 9, 1992 For further information, please call: (512) 835-8650 Part XXVI. Texas Board of Licensure for Professional Medical Physicists Chapter 601. Medical Physicists 22 TAC sec.sec.601.1-601.18 The Texas Board of Licensure for Professional Medical Physicist (Board), with the approval of the Texas Department of Health adopts new sec.sec.601.1-601.18, concerning licensure and regulation of medical physicists. Sections 601.2, 601.4, 601.6, 601.7, 601.8 and 601.9 are adopted with changes to the proposed text as published in the August 11, 1992, issue of the Texas Register (17 Tex Reg 5595). Sections 601.1, 601.3, 601.5, and 601.10-601.18 are adopted without changes and will not be republished. The sections implement the requirements of the Texas Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, (Senate Bill 521, Texas Legislature, Regular Session, 1991) which became effective September 1, 1991. The sections ensure the protection of the health, safety, and welfare of the citizens of Texas from the harmful effects of excessive radiation and from the threat if medical physics is practiced by incompetent persons. The following comments were received concerning the proposed sections. COMMENT: The board received questions and concerns regarding how the rules and act would function and requests for clarification related to enforcement decisions, including what constitutes the practice of medical physics. RESPONSE: The board made no rule changes at this time and has the board to study the concerns. COMMENT: Concerning sec.601.2, several commenters stated that several of the definitions were too broad and that the meanings overlapped. RESPONSE: Since the definitions were taken directly from the Act, the department made no changes. COMMENT: Concerning sec.601.4, a commenter recommended that the time frame for penalty fees be clarified. RESPONSE: The board agreed and changed the language for both the annual and the temporary license to a 1-90 day penalty fee and a 91-day to two-year penalty fee. COMMENT: Concerning sec.601.5, a request was made to include chiropractors in the exemptions. RESPONSE: Chiropractors are included in the definition of a "practitioner" in sec.601.2. Practitioners are exempt when performing radiologic procedures as set out in sec.601.5(c)(1). COMMENT: Concerning sec.601.5, a request was made to include nuclear pharmacists to the exemptions. RESPONSE: Nuclear pharmacists are licensed under the Texas Pharmacy Act by the Texas State Board of Pharmacy. A pharmacist may perform any activities within his or her scope of practice as determined by that Act and that board. If the activities of a pharmacist are not within the pharmacist's license and constitute engaging in the practice of medical physics, the person performing the activities would have to be a licensed medical physicist. The Texas Medical Physics Practice Act includes specified exemptions; other exemptions cannot be promulgated in these rules. COMMENT: Concerning sec.601.6(c)(2)(A), a commenter wanted clarification for the necessity of a notarized copy of a voter registration card or a current Texas driver's license. RESPONSE: The board's response is that at least one of these items is required to prove Texas residency as required by the Act. COMMENT: Concerning sec.601.6(c)(2)(E)(i), a comment was made that the board should include osteopathic, chiropractic and medical practitioners in the list of persons who may provide a professional reference for the license applicant. RESPONSE: The board disagreed with the comment; however, for clarification the board added a definition for "physician" to sec.601.2. COMMENT: Concerning sec.601.6, comments were received concerning duties and responsibilities of a licensed medical physicists. RESPONSE: The board agreed that a guideline was needed and has set up a committee to write guidelines as to what is and is not engaging in the practice of medical physics. COMMENT: Concerning sec.601.6(c)(2)(E), a commenter noted that the Act required three professional references and sec.601.6(c)(2)(E) of the rules are more specific, requiring that the references be two medical physicists and one physician. Another commenter recommended that the physicists and physician references be in the specialty area for which an applicant is applying. RESPONSE: The board agreed and changed the subparagraph to reflect that the two medical physicists references would be in the area of an applicant's specialty. If applying for more than one specialty, one physicist must be in one specialty area and the other must be in one of the other specialty areas. The physician reference would have to be practicing and certified in one of the specialty areas for which the applicant is applying. In addition, the board changed the wording in sec.601.8(g)(2) to reflect the same language. COMMENT: Concerning sec.601.6(d)(4)(A) and sec.601.8(a), comments were received concerning the use of the term, annual license. RESPONSE: The board referred to it as an annual license because it is a one- year license which is renewed annually and to differentiate it from a temporary license. COMMENT: Concerning sec.601.7(a)(2)(A), a commenter wanted an explanation how nuclear engineering would prepare an applicant to be a medical physicist. RESPONSE: The board's response is that a degree in nuclear engineering from an accredited college or university is listed in sec.19 of the Act as an accepted degree to obtain a license. COMMENT: Concerning sec.601.7(b)(2)(A), numerous comments were received regarding the successful completion of a training course if applying for a license without examination and having 10 years of full-time work experience in the medical physics specialty applied for during September 1, 1979 to August 31, 1991. RESPONSE: The board agreed with the commenters' concerns and revised the rule on the training course to require at least 100 hours (the 100 hours do not have to be consecutive hours) of classroom and/or laboratory instruction. The board also revised the setting acceptable for a course and the acceptable instructors as well as deleting clinical experience as part of the course. COMMENT: Concerning sec.601.7(b)(2), a comment was received requesting that the board accept programs that provide Category I credit by the Accreditation Council for Continuing Medical Education as an accredited training course. RESPONSE: The board disagreed with the comment, but has reworded this paragraph as described in the previous response. COMMENT: Concerning sec.601.7(b)(3), a comment was received that the ten years of experience should be accepted through September 1, 1994, to take in more individuals who are currently practicing medical physics. RESPONSE: The board's response is that the statute sets out that the 10 years of work experience must be during the 12 years preceding the effective date of the Act. The 12-year period is limited by the statute from September 1, 1979 to August 31, 1991. COMMENT: Concerning sec.601.7(d)(3)(B) and sec.601.8(d)(1)(A), a commenter had questions about the different examinations that would be offered by the board. RESPONSE: The board's response is that in sec.601.7(d)(3)(B), individuals applying for a license who do not reside in the State of Texas must take the examination included in the application packet. The board decided to expand this examination by adding three questions. Regarding examinations set out in sec.601.8(d)(1)(A), the board is currently accepting proposals. Until a contract is executed clarification will not be available. COMMENT: Concerning sec.601.8(g)(2)(B), a comment was received requesting more specific information concerning the board certification required of physicians by the rule regarding the three professional references. RESPONSE: The board reworded the paragraph to read one licensed physician practicing and certified in at least one of the specialties for which the temporary licensee is making application for an annual license. COMMENT: Concerning sec.601.8(f)(1), one commenter remarked that a person who failed an examination three times must complete one year of supervised work experience; however under sec.601.9(e) an individual holding a temporary permit was not required to have any supervision. RESPONSE: The board agreed with the concern and added a requirement under sec.601.9(e) that an individual holding a temporary permit must be supervised by a medical physicist holding an annual license. COMMENT: Concerning sec.601.18(a), one commenter requested that a hearing should only be conducted before an unbiased hearing examiner and not by the board. RESPONSE: The board wishes to retain the option of having a hearing before a hearing examiner or the board; therefore, no change was made. In either case, the board will always make the final decision. COMMENT: Several comments were received concerning the delegation of duties by the medical physicist. RESPONSE: The statute does not include any provision for delegation of duties which constitute engaging in the practice of medical physics; therefore, the board could not add this to the rules. COMMENT: Another commenter asked that the term "quality assurance" be defined. RESPONSE: The board disagreed because this term already understood by the profession and does not require further definition. COMMENT: Commenters questioned if radiation safety officers needed to be licensed as medical physicists. RESPONSE: The board indicated that radiation safety officers who do not engage in the practice of medical physics are not required to be licensed. A committee to define what is or is not the practice of medical physics. COMMENT: It was suggested that a limited licensure be established for someone who performs specific procedures licensed by another authorizing agency. RESPONSE: Limited licensure was not included in the statute; the board has no authority to issue a limited license. Other comments were received that pertained only to the statutory provisions of the Act. The board could not make any discretionary decisions regarding these matters. The new sections are adopted under the Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, sec.11, which provides the Texas Board of Licensure for Professional Medical Physicists with the authority to adopt rules, with the approval of the Texas Department of Health, that are reasonably necessary for the proper performance of its duties under the Act. sec.601.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The Texas Medical Physics Practice Act (Act), Texas Civil Statutes, Article 4512n, relating to the licensure and regulation of professional medical physicists. Applicant-A person who applies to the Texas Board of Licensure for Professional Medical Physicists (board) for a license or temporary license. APTRA-The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. Board-The Texas Board of Licensure for Professional Medical Physicists. Commissioner-The Commissioner of Health of the Texas Department of Health. Department-The Texas Department of Health. Diagnostic radiological physics-The branch of medical physics that deals with the diagnostic application of roentgen rays, gamma rays from sealed sources, ultrasonic radiation, or radiofrequency radiation and the use of equipment associated with the production and use of that radiation. Hearing examiner -An attorney duly designated chair of the board who conducts hearings under this chapter on behalf of the board. License-A certificate issued by the board authorizing the license holder to engage in the practice of medical physics and includes the temporary license and the annual license unless the context clearly indicates otherwise. Licensed medical physicist-A person who holds a license issued under the Act. Medical health physics -The branch of medical physics that deals with the safe use of roentgen rays, gamma rays, electron or other charged particle beams, neutrons, radionuclides, and radiation from sealed radionuclide sources for both diagnostic and therapeutic purposes in humans and the use of equipment required to perform appropriate radiation tests and measurements. Medical nuclear physics-The branch of medical physics that deals with the therapeutic and diagnostic application of radionuclides, except those used in sealed sources for therapeutic purposes, and the use of equipment associated with the production and use of radionuclides. Medical physics -The branch of physics that is associated with the practice of medicine; and includes, but is not limited to, the field of radiological physics. Physician-A person licensed to practice medicine by the Texas State Board of Medical Examiners under Texas Civil Statutes, Article 4495b, or if out-of- state a person who holds a valid license to practice medicine in that state or territory. Practice of medical radiological physics-The use of principles and accepted protocols of physics to assure the correct quality, quantity, and placement of radiation during the performance of a radiological procedure prescribed by a practitioner that will protect the patient and others from harmful excessive radiation. The term includes radiation beam calibration and characterization, quality assurance, instrument specification, acceptance testing, shielding design, protection analysis on radiation-emitting equipment and radiopharmaceuticals, and consultation with a physician to assure accurate radiation dosage to a specific patient. Practitioner-A doctor of medicine, osteopathy, podiatry, dentistry, or chiropractic who is licensed in this state and who prescribes radiologic procedures for other persons. Radiation-Ionizing and/or nonionizing radiation above background levels used to perform a diagnostic or therapeutic medical or dental radiological procedure. Radiological physics -The branch of medical physics that includes diagnostic radiological physics, therapeutic radiological physics, medical nuclear physics, and medical health physics. Radiological procedure -A test, measurement, calculation, or radiation exposure used in the diagnosis or treatment of disease or other medical or dental conditions in humans that includes therapeutic radiation, diagnostic radiation, nuclear magnetic resonance, or nuclear medicine procedures. The activities and services which fall within the definitions in the Act of the practice of medical radiological physics, diagnostic radiological physics, therapeutic radiological physics, medical nuclear physics, or medical health physics are not radiological procedures. The activities and services which fall within the Texas Regulations for Control of Radiation, Part 32, sec.sec.32.11; 32.20(h); 32.30(c)(1)(iv); 32.41(c); 32.60 (c) (1), (2), and (3); and 32.70(c) (adopted by reference at sec.289.116 of this title (relating to Use of Radiation Machines in the Healing Arts and Veterinary Medicine)), as amended, are not radiological procedures. Therapeutic radiological physics-The branch of medical physics that deals with the therapeutic application of roentgen rays, gamma rays, electron and other charged particle beams, neutrons, or radiations from radionuclide sources and the use of equipment associated with the production and use of that radiation. sec.601.4. Fees. The purpose of this section is to set out the fees for licensure as a medical physicists prescribed by the Texas Board of Licensure for Professional Medical Physicists (board). (1) The schedule of fees for licensure as a medical physicist is as follows: (A) application processing and initial licensing fee: (i) first specialty on initial application-$125; (ii) additional specialties on initial application-$25 each; (iii) additional specialties on subsequent applications-$75 each; and (iv) upgrade of temporary license to annual license-$75. (B) renewal fee: (i) first specialty-$75; and (ii) additional specialties-$25 each; (C) one to 90-day penalty fee-one-half of the renewal fee (plus the renewal fee that was due at the time of expiration); (D) 91-day to two-year penalty fee-the renewal fee (plus the renewal fee that was due at the time of expiration); (E) license and/or identification card replacement fee-$10; and (F) examination fee-the fee for the specialty examination as set by contract with the examining body. (2) The schedule of fees for a temporary license as a medical physicist is as follows: (A) application processing and initial temporary license fee: (i) first specialty on initial application-$125; (ii) additional specialties on initial application-$25 each; and (iii) additional specialties on subsequent applications-$75 each; (B) temporary license renewal fee: (i) first specialty-$75; and (ii) additional specialties-$25 each; (C) one to 90-day penalty fee-one-half of the temporary license renewal fee (plus the temporary license renewal fee that was due at the time of expiration); (D) 91-day to two-year penalty fee-the renewal fee (plus the renewal fee that was due at the time of expiration); and (E) temporary license replacement fee-$10. (3) All fees are non-refundable and shall be submitted in the form of a check or money order. (4) An applicant whose check for the application processing and initial licensing fee is returned due to insufficient funds, account closed or payment stopped shall be allowed to reinstate the application by remitting a money order or cashier's check for guaranteed funds within 30 days of the date of receipt of the board's notice that the check was returned. An application will be considered incomplete until the fee has been received and cleared through the appropriate financial institution. If the license or temporary license has already been issued, it shall be invalid. (5) A license holder whose check for the renewal fee is returned due to insufficient funds, account closed, or payment stopped shall remit a money order or cashier's check for guaranteed funds within 30 days of the date of receipt of the board's notice that the check was returned. If the fee is not remitted timely, the license shall not be renewed. If the renewal card has already been issued, it shall be invalid. (6) The board shall notify the applicant's or licensee's employer that the person has failed to comply with this section. sec.601.6. Application Procedures. (a) Purpose. The purpose of this section is to set out the application procedures for licensure of professional medical physicist. (b) General. (1) Unless otherwise indicated, an applicant must submit all required information and documentation of qualifications on forms prescribed by the Texas Board of Licensure for Professional Medical Physicists (board). (2) The board shall not consider an application as officially submitted until the applicant pays the application fee. The fee must accompany the application form. (3) The executive secretary shall send a notice listing the required additional materials to an applicant who does not complete the application in a timely manner. An application not completed within 30 days after the date of the notice may be invalidated. (c) Required application materials. (1) Application form. The application form shall include the following: (A) specific information regarding personal data, social security number, birth month and day, place of employment, other state licenses and certifications held, misdemeanor and felony convictions, educational and training background, and work experience; (B) a statement that the applicant has read the Act and this chapter and agrees to abide by them; (C) the applicant's permission to the board to seek any information or references it deems necessary to determine the applicant's qualifications; (D) a statement that the applicant, if issued a license, shall return the license and identification card(s) to the board upon the revocation or suspension of the license; (E) a statement that the applicant understands that fees submitted are nonrefundable; (F) a statement that the applicant understands that materials submitted become the property of the board and are nonreturnable (unless prior arrangements have been made); (G) a statement that the information in the application is truthful and that the applicant understands that providing false information of any kind may result in the voiding of the application and failure to be granted a license, or the revocation of any license issued; (H) a statement that if issued a license, the applicant shall keep the board advised of his or her current mailing address; and (I) the signature of the applicant which has been dated and notarized. (2) Required documentation. Applicants for a license must submit: (A) if applying under sec.601. 7(a) or (b) of this title (relating to Licensure Without Examination), a notarized copy of a current Texas voter registration card or a notarized copy of a current Texas driver's license; (B) evidence of relevant work experience, including a description of the responsibilities and duties performed; (C) an official transcript from a college or university granting the applicant's degree or certificate of completion of training course; (D) a statement of the medical physics specialty for which the application is submitted; (E) three current professional references as follows: (i) two medical physicists. If the applicant is applying for one specialty, both physicists must be practicing in that specialty area. If the applicant is applying for two or more specialties, one physicist must be practicing in one of those specialties and the other physicist must be practicing in another one of the specialties for which the applicant is making application; (ii) one licensed physician practicing and certified in at least one of the specialties for which the applicant is making application; however, if the applicant is applying for a license in the specialty area of medical health physics, the physician may be practicing and certified in diagnostic radiology, radiation oncology, or nuclear medicine; and (iii) if applying for a temporary license, post-secondary academic references may be substituted; and (F) a fee as prescribed by the board. (d) Consideration of application. This subsection is intended to address the applications procedures required by the Texas Medical Physicists Act (Act), sec.14(c)-(f) and sec.17(a) and (b). (1) The board or the executive secretary may require an applicant to appear before the board or executive secretary to present further information in support of the application. (2) At any time before the board issues or renews a license, the applicant may request in writing that the board withdraw its consideration of the application, but the board shall retain the application and accompanying fee. To reapply, the applicant must submit a new application and fee. (3) If an applicant meets all requirements of the Act and this chapter and has completed the examination, if required, the executive secretary shall approve the application and issue the annual license. The executive secretary, with direction from the chair, shall prepare and circulate to the board members a summary of each application approved under this paragraph with a recommendation that the board ratify the approval at its next meeting. (4) If an applicant has not completed an examination accepted by the board under this chapter, the executive secretary, with direction from the chair, shall forward a summary of the application and a recommendation for action to the appropriate committee of the board for review and recommendation. (A) If the committee finds that the applicant meets all requirements of the Act and this chapter, the committee shall approve the applicant to take the required examination for an annual license or to be issued a temporary license if appropriate. (i) The executive secretary shall issue the annual license once the applicant successfully completes the required examination. (ii) The executive secretary, with direction from the chair, shall prepare and circulate to the board members a summary of each application approved under this subparagraph with a recommendation that the board ratify the approval at its next meeting. (B) If the committee finds that the applicant does not meet all requirements of the Act and this chapter, the committee shall instruct the executive secretary to give the applicant written notice of the reason of the proposed disapproval of the application and the areas of deficiency and of the opportunity for a formal hearing. The notice shall be given by the 30th day after the committee makes a decision. Within 30 days after receipt of the written notice, the applicant shall give written notice to the executive secretary if the applicant wants the hearing. If the applicant fails to respond within 30 days after receipt of the notice, the applicant is deemed to have waived the hearing and the board shall finally disapprove the application. (e) Disapproved applications. (1) The appropriate committee of the board shall propose disapproval and the board shall disapprove the application if the person: (A) does not meet the qualifications for a license as set forth in the Act and this chapter; (B) has failed to pass the prescribed examination, if applicable; (C) has deliberately presented false information to the board to verify the applicant's qualifications; (D) has obtained or renewed a license by means of fraud, misrepresentation, or omission of material facts; (E) has made application for or held a license issued by the licensing authority of another state, territory, or jurisdiction that was denied, suspended, or revoked by that licensing authority; (F) has been convicted of a felony or of a misdemeanor that involved moral turpitude or that directly relates to a person's duties and responsibilities as a licensed medical physicist; or (G) has otherwise violated this Act, a lawful order or rule of the board, or the board's code of ethics. (2) An applicant whose application has been formally denied under paragraph (1)(E)-(G) of this subsection shall be permitted to reapply after a period of not less than one year from the date of the disapproval and shall submit with the reapplication, proof satisfactory to the board, of compliance with all rules of the board and the provisions of the Act in effect at the time of reapplication. sec.601.7. Licensure Without Examination. (a) The Texas Board of Licensure for Professional Medical Physicists (board) may issue an annual license without an examination to a person who, before September 1, 1994: (1) is a resident of this state; (2) has an earned bachelor's, master's, or doctoral degree from an accredited college or university: (A) in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (B) in a subject area not listed in subparagraph (A) of this paragraph, and the transcript includes at least 16 upper division semester hour credits in physics (general, modern, atomic, nuclear, radiation, or electromagnetic quantum mechanics), medical physics (diagnostic or imaging, nuclear medicine, therapeutic, dosimetry), biophysics, radiological physics or health physics; or (C) not meeting the requirements of subparagraphs (A) or (B) of this paragraph, but where the board considers and approves the degree as signifying the completion of courses acceptable to the board in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (3) has demonstrated to the board's satisfaction the completion of at least two years of full-time work experience between September 1, 1986, and August 31, 1991, in the medical physics specialty for which application is made; and (4) has work experience which includes six additional months for each additional specialty. (b) The board may issue an annual license without an examination to a person who, before September 1, 1994: (1) is a resident of this state; (2) has successfully completed a training course approved by the board in physics, medical physics, biophysics, radiological physics, or medical health physics that had: (A) been conducted by or in connection with programs for training physicians in a radiologic specialties or medical physicists in a radiology or radiological physics specialty; (B) at least one instructor who was board certified or board eligible in the appropriate branch of diagnostic radiological physics, therapeutic radiological physics, medical nuclear physics, or medical health physics; and (C) covered a period of at least 100 hours (the 100 hours do not have to be consecutive hours) with classroom and/or laboratory instruction which included: (i) radiation physics and instrumentation; (ii) radiation protection; (iii) mathematics pertaining to the use and measurement of radioactivity; and (iv) radiation biology. (3) has demonstrated to the board's satisfaction the completion of at least 10 years of full-time work experience between September 1, 1979, and August 31, 1991, in the medical physics specialty for which application is made; and (4) has work experience which includes six additional months for each additional specialty. (c) The board may issue an annual license to a person who holds a license to practice medical or radiological physics in another state, territory, or jurisdiction that has requirements for the licensing of medical or radiological physicists that are substantially the same as the requirements of the Texas Medical Physicists Act (Act). (d) The board may issue an annual license to a person who prior to September 1, 1994: (1) is a resident of a state, territory, or jurisdiction without a medical physics licensure act or practice act; (2) meets all other requirements for licensure without examination in accordance with subsection (a) or (b) of this section; and (3) has demonstrated to the board's satisfaction a working knowledge of Texas rules pertaining to the license specialty requested by: (A) certification that the person has read and understands the Act and this chapter; and (B) successful completion of an examination offered by the board. A list of the Texas rules is available from the board upon request. (e) Full-time work experience shall be at least 32 work hours per week in the specialty area. Part-time work experience in the specialty area may be aggregated in order to meet the minimum of 32 work hours per week. (f) Degrees and course work received at foreign universities shall be acceptable only if such course work could be counted as transfer credit by accredited universities as reported by the American Association of Collegiate Registrars and Admissions Officers. (g) All application materials and fees required under subsections (a), (b), and (d) of this section must be received by the board office or postmarked to the board prior to September 1, 1994. sec.601.8. Licensure By Examination. (a) Eligibility. To be eligible to take an examination for an annual license for a professional medical physicist, a person must: (1) have an earned master's or doctoral degree from an accredited college or university: (A) in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (B) in a subject area not listed in subparagraph (A) of this paragraph, where the transcript includes at least 16 upper division semester hour credits in physics (general, modern, atomic, nuclear, radiation, or electromagnetic quantum mechanics), medical physics (diagnostic or imaging, nuclear medicine, therapeutic, or dosimetry), biophysics, radiological physics or health physics; or (C) not meeting the requirements of subparagraphs (A) or (B) of this paragraph, but where the board considers and approves the degree as signifying the completion of courses acceptable to the board in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (2) have demonstrated, to the Texas Board of Licensure for Professional Medical Physicists (board) satisfaction, the completion of at least two years of full-time work experience in the five years preceding the date of application (the date of receipt of the application for an annual license or for the upgrade of a temporary license to an annual license) in the medical physics specialty for which application is made; and (3) submit a completed application as required by the Texas Medical Physicists Act (Act), sec.14. (b) Work experience. Full-time work experience shall be at least 32 hours per week in the specialty area. Part-time work experience may be aggregated in order to meet the minimum of 32 work hours per week. (c) Foreign academic credit. Degrees and course work received at foreign universities shall be acceptable only if such course work could be counted as transfer credit by accredited universities as reported by the American Association of Collegiate Registrars and Admissions Officers. (d) Approved examination. (1) An applicant under this section must successfully complete one of the following examinations in each specialty for which application is submitted: (A) the examination in the specialty developed and supervised by this board; (B) for the therapeutic radiological physics specialty, the examination offered by: (i) the American Board of Radiology or its successor organization in therapeutic radiological physics or radiological physics; (ii) the American Board of Medical Physics or its successor organization in radiation oncology physics; or (iii) the Canadian College of Physicists in Medicine or its successor organization in general medical physics; (C) for the medical nuclear physics specialty, the examination offered by: (i) the American Board of Radiology or its successor organization in nuclear medicine physics or radiological physics; (ii) the American Board of Medical Physics or its successor organization in nuclear medicine physics; (iii) the American Board of Science in Nuclear Medicine or its successor organization in physics and instrumentation; or (iv) the Canadian College of Physicists in Medicine or its successor organization in general medical physics; (D) for the diagnostic radiological physics specialty, the examination offered by: (i) the American Board of Radiology or its successor organization in diagnostic radiological physics or radiological physics; (ii) the American Board of Medical Physics or its successor organization in diagnostic imaging physics; or (iii) the Canadian College of Physicists in Medicine or its successor organization in general medical physics; or (E) for the medical health physics specialty, the examination offered by: (i) the American Board of Radiology or its successor organization in radiological physics; (ii) the American Board of Health Physics or its successor organization in health physics or comprehensive health physics; (iii) the American Board of Medical Physics or its successor organization in medical health physics; (iv) the American Board of Science in Nuclear Medicine or its successor organization in radiation protection; or (v) the Canadian College of Physicists in Medicine or its successor organization in general medical physics. (2) An applicant who has successfully completed one of the examinations set out in paragraph (1)(B)-(E) of this subsection shall not be reexamined in that specialty area. (e) Failure of examination. If the applicant fails the examination in a specialty area, the approval to take the examination will be voided if the applicant does not take either or both of the next two examinations and cannot document medical or physical reasons acceptable to the board for failure to take either of the next two examinations. The applicant will be required to submit a new application for licensure before the applicant may take another examination. (f) An applicant who fails three examinations in a specialty area may not reapply for licensure in the specialty area until the applicant has demonstrated, to the board's satisfaction, the completion of at least one additional year of full-time work experience after the third failed examination. (1) The work experience must be under the supervision of a medical physicist holding an annual license in the specialty area. (2) The applicant must hold a temporary license in the specialty area during the work experience if the experience is gained in this state. (A) The applicant may be issued a temporary license for a fifth or sixth year only in order to gain the work experience required by this paragraph and to retake the examination once. Any temporary license issued for a fifth or sixth year shall expire upon notification to the board that the applicant failed to appear for the examination, or upon notification to the applicant of his or her failure of the examination, or upon the issuance of his or her annual license if the examination was passed, whichever occurs first. (B) An applicant who completes the work experience within the first four years of temporary licensure and for whom an examination is given and results released during the four years is not entitled to any further temporary licenses in that specialty area. (3) In order to obtain an annual license the applicant must take and pass the next examination after completion of the additional work experience. The applicant must reapply for licensure under subsection (a) of this section in order to take the examination. (g) Upgrade. Following successful completion of a medical physics specialty examination prescribed by the board and the relevant work experience, a temporary licensee may upgrade the temporary license to an annual license. (1) An annual license shall not be issued until the applicant has passed the examination. The application procedures set out in sec.601.6 of this title (relating to Application Procedures) shall apply except that the applicant need not file a transcript unless additional relevant course work has been completed. (2) The temporary licensee must also submit three current professional references as follows: (A) two medical physicists. If the applicant is applying for one specialty, both physicists must be practicing in that specialty area. If the applicant is applying for two or more specialties, one physicist must be practicing in one of those specialties and the other physicist must be practicing in another one of the specialties for which the applicant is making application; and (B) one licensed physician practicing and certified in at least one of the specialties for which the applicant is making application; however, if the applicant is applying for a license in the specialty area of medical health physics, the physician may be practicing and certified in diagnostic radiology, radiation oncology, or nuclear medicine. (h) Expired temporary license. A person whose temporary license has expired may not upgrade the temporary license to the annual license. Application must be made under the provisions set out in sec.601.6 of this title (relating to Application Procedures). sec.601.9. Temporary License. (a) To be eligible for a temporary license, a person must meet the educational requirements set out in sec.601.8 of this title (relating to Licensure By Examination). (b) A temporary license shall be issued for each specialty for a one year period. (c) Each temporary license may be renewed annually up to three times for a maximum of four years. The four years do not have to be consecutive years. (d) The application for renewal of a temporary license shall include information regarding the experience in the medical physics specialty completed by the renewal applicant during the previous one-year period. (e) The work experience must be under the supervision of a medical physicist holding an annual license in the specialty area. (f) An applicant may not be approved for a temporary license in a specialty if the applicant has already held a temporary license in that specialty for a period of four years. The time period for which the applicant previously held a temporary license shall be counted towards the four year maximum. (g) To upgrade a temporary license to an annual license in the same specialty, a licensee must file evidence of relevant work experience meeting the requirements of sec.601.8 of this title and the upgrade fee. (h) The application procedures set out in sec.601.6 of this title (relating to Application Procedures) shall apply. 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 24, 1992. TRD-9215768 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 15, 1992 Proposal publication date: August 11, 1992 For further information, please call: (512) 834-6628 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 98. HIV and STD Control Subchapter C. Texas HIV Medication Program General Provisions 25 TAC sec.98.104, sec.98.105 The Texas Department of Health (department) adopts amendments to sec.98.104 and sec.98.105, concerning the Texas HIV Medication Program, without changes to the proposed text as published in the August 4, 1992, issue of the Texas Register (17 TexReg 5407). The sections implement the provisions of the Communicable Disease Prevention and Control Act, Health and Safety Code, sec.sec.85.061-85.066, concerning the establishment of an HIV Medication Program in Texas. The program assists hospital districts, local health departments, public or non-profit hospitals and clinics, nonprofit community organizations, and HIV infected individuals in the purchase of medications approved by the board that have been shown to be effective in reducing hospitalizations due to HIV-related conditions. Generally, the sections cover eligibility for participation and medication coverage. The amendments expand coverage of the program to include the drugs Acyclovir and Zalcitabine for eligible participants and the procedures for administering the drugs. No comments were received regarding adoption of the amendments. The amendments are adopted under the Communicable Disease Prevention and Control Act, Health and Safety Code, sec.85.063, which provides the Texas Board of Health with the authority to adopt rules concerning a Texas HIV Medication Program; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. 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 25, 1992. TRD-9215837 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1992 Proposal publication date: August 4, 1992 For further information, please call: (512) 458-7357 Chapter 123. Respiratory Care Practitioner Certification 25 TAC sec.123.2 The Texas Department of Health (department) adopts an amendment to sec.123.2, without changes to the proposed text published in the September 1, 1992, issue of the Texas Register (17 TexReg 5994) and will not be republished. The amendment modifies the definition of "respiratory care education" to include education programs accredited by the Canadian Medical Association. No comments were received on the proposed amendment. The amendment is adopted under Health and Safety, sec.142.012, which provides the Texas Board of Health the authority to adopt rules concerning respiratory care practitioners; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. sec.123.2. Definitions. The following words and terms when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Respiratory care education program- (A) an AMA-approved program in respiratory care; (B) a program approved by an appropriate education agency and working toward becoming an AMA-approved program in respiratory care. A program will qualify as a respiratory care education program under this subparagraph only for a period of one year from the date of the first class offered by the program; after that one year, the program must be an AMA-approved program in respiratory care; or (C) a program accredited by the Canadian Medical Association and whose graduates are eligible to take the national registry exam given by the Canadian Board of Respiratory Care. 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 25, 1992. TRD-9215836 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 16, 1992 Proposal publication date: September 1, 1992 For further information, please call: (512) 834-6632 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XIII. Texas Commission on Fire Protection Chapter 421. Standards for Certification 37 TAC sec.421.5 The Texas Commission on Fire Protection adopts an amendment to sec.421.5, concerning definitions, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6267). The amendments add a new definition of inactive status and replace the definition of "training chief" with a definition of "training officer." The change is justified by the fact that some departments may not assign a rank or title to the person in charge of training programs. The amendments to sec.421 add a new definition of inactive status and replace the definition of "training chief" with a definition of "training officer." No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its power and duties; and the Texas Government Code, sec.419.022(a)(5), which provides the commission with the authority to establish minimum standards for admission to employment as fire protection personnel and for advanced or specialized fire protection personnel positions. 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 25, 1992. TRD-9215804 Jack Woods General Counsel Texas Commission of Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Chapter 423. Fire Suppression Subchapter A. Minimum Standards for Structure Fire Protection Personnel Certification 37 TAC sec.423.1 The Texas Commission on Fire Protection adopts an amendment to sec.423.1, concerning minimum standards for basic structural fire protection personnel, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6267). The amendment reflects a change to delete the word "structure" form the name of the Basic Fire Suppression Curriculum to describe its general scope and also reflects an administrative reorganization of other chapters referenced in the section. The amendment to sec.423.1 reflects a change to delete the word "structure" from the name of the Basic Fire Suppression Curriculum. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and the Texas Government Code, sec.419.022(a)(5), which provides the commission with authority to establish minimum standards for admission to employment as fire protection personnel and for advanced or specialized fire protection personnel positions. 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 25, 1992. TRD-9215805 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Subchapter B. Minimum Standards for Aircraft Crash and Rescue Fire Protection Personnel 37 TAC sec.sec.423.201, 423.203, 423.205, 423.207, 423.209 The Texas Commission on Fire Protection adopts the repeal of sec.sec.423.201, 423.203, 423.205, 423.207, and 423.209, concerning minimum standards for aircraft rescue and fire protection personnel certification, without changes to the proposal as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4073). The effective date of the repeal is April 1, 1993. The repealed sections are replaced by new sections relating to the same subject matter adopted in this issue of the Texas Register. The repeals are necessary to enable the commission to adopt a new curriculum for aircraft rescue and fire protection personnel certification that provides focused specialized training for such personnel and eliminates redundant training already covered in the basic fire suppression curriculum which is also required for aircraft rescue and fire protection personnel certification. The repealed sections are replaced by new sections eliminating the classification levels of TX-1, TX-2, and TX-3, dependent on airport index and size, and establishing a single basic certification and new curriculum requirements. No comments were received regarding adoption of repeals. The repeals are adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties and the Government Code, sec.419.022(a)(5), which provides the commission with authority to establish minimum educational and training standards for admission to employment for advanced or specialized fire protection personnel positions, and the Government Code, sec.419.038, which provides the commission with authority to adopt requirements for certification of aircraft crash and rescue fire protection personnel. 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 25, 1992. TRD-9215806 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: April 1, 1992 Proposal publication date: June 5, 1992 For further information, please call: (512) 873-1700 37 TAC sec.423.201, sec.423.203 The Texas Commission on Fire Protection adopts new sec.423.201 and sec.423. 203, concerning minimum standards for basic aircraft rescue and fire protection personnel certification, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4073). The new sections have an effective date of April 1, 1993. The new sections are adopted to increase the level of training and competency of aircraft rescue and fire protection personnel to ensure the safety of the flying public and air crews, and to reduce the duplication of training for applicants for aircraft rescue and fire protection personnel who hold or are eligible to hold certification as basic structure fire protection personnel. The new sections consolidate the former TX-l, TX-2, and TX-3 classifications into one basic certification level. The new sections also require new applicants to hold or be eligible to hold basic structure fire protection certification (458 hours of training plus certification as an emergency care attendant by the Texas Department of Health) in addition to meeting a curriculum requirement for aircraft rescue and fire protection personnel totaling 94 hours (streamlined from the previous range of 127 to 235 hours depending on airport index). During the period between publication in the Texas Register as proposed rules and the action of the commission in voting to adopt the proposed rules written and oral comments to the proposed new sections were submitted to the commission against the proposals by representatives of the following entities and organizations: El Paso International Airport, City of El Paso, El Paso Aircraft Crash and Rescue Fire Fighter Association, American Association of Airport Executives, and the Air Transport Association. Comments in favor of the proposals were submitted to the commission by representatives of the International Association of Fire Fighters, the Texas State Association of Fire Fighters, and the Fire Protection Personnel Advisory Committee. One commenter asserted that its airport which services specialized military and NASA aircraft has a unique configuration which prevents response to structure fires at the terminal by its aircraft crash and rescue units, and structure training is therefore unnecessary. The commission disagrees with the commenter beause it has concluded that the Basic Fire Suppression Curriculum includes essential training necessary for all fire suppression personnel notwithstanding their specialized discipline. One commenter asserted that the new regulations would create problems and require unnecessary training and expenditures where cities have separate collective bargaining agreements with structural fire fighters and aircraft crash and rescue units. The commission disagrees with the commenter for the reason that the commissions proposals pertain to minimum training requirements and do not dictate conditions of or interject the commission into local collective bargaining issues or agreements. Although the new statewide minimum standards may be viewed by individual municipalities as excessive or unnecessary, the commission has concluded that the new minimum requirements will improve the competence of aircraft crash and rescue fire protection personnel generally, and enhance the safety of the flying public and air crews. One commenter argued that the new rules dictated organizational structure with both structural fire fighters and aircraft crash and rescue units and that structure training will not be used and is unnecessary. Further, it was claimed that in the context of collective bargaining negotiations in a specific city, a federal mediator or arbitrator determined that an aircraft fire is not the same as a structure fire. The commission disagrees with the commenter as follows: The new rules establish minimum training requirements deemed necessary for all fire fighters involved in fire suppression duties regardless of specialization. The new rules do not dictate the terms of local collective bargaining agreements or organizational structure. Finally, the supposed determination of a federal mediator or arbitrator was made in the context of a collective bargaining negotiation between specific parties, and would not be binding on the commission in adopting minimum training requirements. Moreover, while structure fires and aircraft fires may have differences which require specialized training for aircraft crash and rescue personnel, the disciplines have other common training requirements which the commission believes are addressed in the Basic Fire Suppression Curriculum. One commenter argued that the commission's proposal is unproven, that the proposed standards are inconsistent with standards under development at the national level, and that changes to standards should be addressed at the national level. The commission disagrees with the commenter for the following reasons: The commission believes that its proposed standards are not inconsistent with FAA minimum standards. Moreover, under the provisions of the Texas Government Code, sec.419.022(b), any new standard adopted by the commission may be no less stringent than those currently in effect, precluding adoption of the 32-hour curriculum in the "national training standard developed and recommended by the commenter. One commenter argued that the proposed requirements are excessive for facilities with aircraft crash and rescue functions only and that requiring training before assignment to aircraft crash and rescue fire suppression duties does not accommodate smaller airports. The commission disagrees with the commenter for the reasons previously stated concerning the essential training contained in the Basic Fire Suppression Curriculum. Additionally, while requiring training prior to assignment to actual aircraft fire suppression duties may create some burdens, it is consistent with FAA requirements and existing state law, specifically sec.419.032(c), which requires training of fire protection personnel prior to assignment to fire suppression duties. Several commenters speaking in favor of the proposal emphasized that the basic fire suppression curriculum contains essential elements necessary to all disciplines involved in fire suppression in addition to structural fire fighting elements and spoke in support of the commission's duty and responsibility to establish minimum standards for all fire protection personnel disciplines in the State of Texas. One commenter speaking in favor of the proposal asserted that most airports in the State of Texas are protected by municipal fire departments without separate aircraft crash and rescue departments. Accordingly, the commission's proposed new rules have a positive economic impact on most cities by eliminating redundant training for those cities that furnish fire protection to airports with structurally trained fire fighters. The new sections are adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties and the Government Code, sec.419.022(a)(5), which provides the commission with authority to establish minimum educational and training standards for admission to employment as fire protection personnel in a permanent, temporary, or probationary status and for specialized fire protection personnel positions; and the Government Code, sec.419.038, which provides the commission with authority to adopt requirements for certification of aircraft crash and rescue fire protection personnel. 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 24, 1992. TRD-9215807 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: April 1, 1993 Proposal publication date: June 5, 1992 For further information, please call: (512) 873-1700 Chapter 425. Fire Protection Instructor Subchapter A. Instructor Certification 37 TAC sec.sec.425.1, 425.5, 425.7, 425.9 The Texas Commission on Fire Protection adopts amendments to sec.sec.425.1, 425.5, 425.7, and 425.9, concerning minimum standards for fire protection instructor training, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6268). The amendments to sec.425.1 and sec.425.9 are intended to clarify the experience requirements for basic instructor certification and instructor specialist certification to reflect current practice which does not require that fire department experience be devoted to training. The amendments to sec.425.5 and sec.425.7 are proposed to conform these sections with changes to the definition of "training officer." Section 425.1(a)(1) adds wording to clarify the understanding that fire department experience need to be in fire service training. Section 425.5 adds the words "instructor or" to paragraph (3). Finally, sec.425.9 adds wording to subsection (a)(1) consistent with the changes to sec.425.1. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and the Texas Government Code, sec.419.028(b)(3), which provides the commission with authority to prescribe conditions for certification of persons as qualified fire protection personnel instructors. 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 25, 1992. TRD-9215808 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Chapter 427. Training Facilities Subchapter A. Minimum Standards for Structure Recruit Training Facilities 37 TAC sec.sec.427.1, 427.3, 427.5, 427.7, 427.13 The Texas Commission on Fire Protection adopts amendments to sec.sec.427.1, 427.3, 427.5, 427.7, and 427.13, concerning structure recruit training facilities, including requirements relating to structures, apparatus, equipment, reference materials, and staff, with changes to the proposed text as published in the September 11, 1992, Texas Register (17 TexReg 6269). Section 427.1(f)(5) the word "burn" was taken out and the words "suitable for live fire training and added to describe the type of building needed for live fire training. Section 427.3(b) the NFPA standard reference was deleted. Section 427.5(1) the word "full" was added to insure that a full breathing air tank was used during training. The amendments conform the sections to changes in the basic fire suppression curriculum, delete repetitious references to resources required in the curriculum, update references to NFPA standards, correct references to material in other chapters, and include new requirements for a building suitable for live fire training which is a new section of the suppression curriculum essential to fire training. Section 427.1 changes the name of the basic curriculum and adds language to require that the training facilities have equipment available to the instructors. Also, sec.427.1 adds the requirements for a building to be used for live fire training. Section 427.3 conforms the name of the basic curriculum and deletes the reference at the end of subsection (b). Section 427.5 adds language to require that a training facility have equipment available for use during training. Section 427.5 also adds a reference in paragraph (1) to require self-contained breathing apparatus to comply with sec.435.3(2) of this title. Section 427.7 conforms the language relating to the basic fire suppression curriculum. Section 427.13 adds a reference to subsection (e) relating to sec.425.9 of this title. No comments were received regarding adoption of these amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and the Texas Government Code, sec.419.028(b)(1), which provides the commission with authority to approve or revoke the approval of an institution or facility for a school operated by or for the state or a local government specifically for training fire protection personnel or recruits. sec.427.1. Minimum Standards for Recruit Training Facilities for Structural Fire Protection Personnel. (a) (No change.) (b) The facilities and training shall be performance oriented. "Hands-on" training with maximum practical participation by trainees should be an integral part of the training program. The evaluation process for each phase of training will emphasize performance testing to determine if the trainee has acquired the knowledge and skills to achieve the required level of competency as required by the Basic Fire Suppression Curriculum. (c) (No change.) (d) An organization, installation, or facility may submit a written application for certification as an approved recruit training facility to the commission. Such application will include descriptions and addresses of physical facilities together with inventory of apparatus, equipment, and reference material to be utilized in conducting the Basic Fire Suppression Curriculum as specified by the commission. It is not required that the equipment be permanently assigned nor kept at a training facility, but must be readily available for use by the instructors for instructional purposes. Photographs of resources, annotated to reflect applicant and identity of the resource, may be included with application. (e) All training must be submitted to the commission for approval prior to the commencement of the training. A recruit training facility should submit a written request to the commission to purchase a Commission Certification Curriculum Manual to be utilized by the recruit training facility instructors. The recruit training facilities instructors are responsible for ensuring that all subjects are taught as required by the Basic Fire Suppression Curriculum. (f) The following minimum resources required for certification as an approved recruit training facility may be combined or separate utilizing one or more structures. In either event the facilities and equipment must be available and used by the instructor and trainees. (1)-(4) (No change.) (5) A burn building meeting the requirements of the Basic Fire Suppression Curriculum shall be available for use by the instructors to teach live fire training. NFPA 1403, Standard on Live Fire Training Evolutions in Structures, shall be used as a guide when conducting live fire training. sec.427.3. Apparatus-Structure Training Facility. (a) A pumper apparatus fully equipped as required by the Basic Fire Suppression Curriculum shall be readily available for use by the instructors for instructional purposes. (b) Ladders or a ladder truck as required by the Basic Fire Suppression Curriculum shall be readily available for use by the instructors for instructional purposes. sec.427.5. Equipment-Structure Training Facility. The following equipment must be available for use by recruit training facilities: (1) self-contained breathing apparatus in sufficient numbers to enable each trainee to wear the equipment for at least the life of one full breathing air tank during the training (Note: Must comply with sec.435.3(2) of this title relating to self-contained breathing apparatus); (2) standard class room equipment to include chalkboard, speaker rostrum, etc.; (3) supportive instructional aids available to include audio visual projection equipment. The use of cutaways, models, flip charts, and other visual aids are recommended to enhance effectiveness of the instruction (Note: The training instructor needs to ensure all necessary equipment is available for fire fighter trainees to use regarding the basic fire fighter performance skills as identified in the Basic Fire Suppression Curriculum and to comply with sec.427. 9 of this title (relating to Testing and Records.); (4) other equipment and tools required by the Basic Fire Suppression Curriculum. sec.427.7. Reference Material-Structure Training Facility. A reference library is required. The library must contain the publications required to conduct research and develop lesson plans covering the material required in the Basic Fire Suppression Curriculum. sec.427.13. General Information-Structure Training Facility. (a) -(d) (No change.) (e) The Commission shall be notified promptly of any change in the approved recruit training facility coordinator or training officer. A training officer must, as a minimum, possess an intermediate instructor's certification within one year from date of appointment. A newly appointed non-fire service coordinator must be certified by the commission in accordance with established procedures to be eligible to receive, upon appointment, an instructional specialist certificate (refer to sec.425.9 of this title (relating to Minimum Standards for Instructional Specialist Certification)). The term "coordinator, " as used in these standards, is the official responsible for recruit training facilities/schools other than fire department(s), by whatever title he/she may be called. (f)-(g) (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 November 25, 1992. TRD-9215809 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Chapter 431. Minimum Standards for Fire and Arson Investigator 37 TAC sec.431.9, 431.11 The Texas Commission on Fire Protection adopts amendments to sec.431.9 and sec.431.11, concerning minimum standards for fire fighter/arson investigator limited certification and fire and arson investigator certification for law enforcement personnel, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6271). The amendments correct inaccurate cross references within the text of the rules to sec.431.1 relating to basic fire and arson investigation certification. The changes to sec.431.9 and sec.431.11 replace the words Advanced Structural Fire Protection Personnel certification with Basic Fire and Arson Investigation Certification. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and the Texas Government Code, sec.419.022(a)(5), which provides the commission with authority to establish qualifications for admission to employment as fire protection personnel for advanced or specialized fire protection personnel positions. 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 25, 1992. TRD-9215810 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Chapter 437. Fees 37 TAC sec.sec.437.3, 437.5, 437.7, 437.9, 437.11 The Texas Commission on Fire Protection adopts amendments to sec.sec.437.3, 437.5, 437.7, 437.9, and 437.11, concerning fees, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6271). The amendments delete requirements for payment by cashier's check, money order, or employing entity check to permit payment of fees by personal check, conform the rules pertaining to break in service to statutory changes, correct the cross reference for the Proficiency Test in sec.437.3, establish a $12 annual subscription fee for standards manual updates, and substitutes the name of the curriculum manual for "lesson plan" in sec.437.11. The rules changes will permit a more efficient administration of the commission's fire training approval responsibilities. Section 437.3 provides the fees for certification and deletes the requirements for payment to be made in the form of a cashier's check, money order, or employing entity check. Section 437.5 provides the fees for a renewal. Section 437.7 provides the fees for the standard manual and adds the fees for the annual subscription revisions. Section 473.9 and sec.473.11 delete the requirements for payment to be made by money order, certified check, or employing entity check. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its power and duties; and the Texas Government Code, sec.419.025, authorizing a fee for the standards manual; the Texas Government Code, sec.419.026, authorizing fees for certification and testing; and the Texas Government Code, sec.419.034, authorizing fees for certificate renewal and proficiency testing. 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 25, 1992. TRD-9215811 Jack Woods General Counsel Texas Commission of Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Chapter 439. Examinations for Certification 37 TAC sec.439.7, sec.439.15 The Texas Commission on Fire Protection adopts amendments to sec.439.7 and sec.439.15, concerning testing procedures and testing for certification status, with changes to the proposed text as published in the September 11, 1992, Texas Register (17 TexReg 6273). The amendment to sec.439.7 provides for a preliminary notification of test results within 72 hours and official test results within 10 days after completion of an examination. The amendment to sec.439.15 changes the cross reference for the new definition of "inactive status." The amendments are justified by the need to get preliminary results to examination candidates as soon as practical with official results in a reasonable time thereafter. Section 439.7 provides for notification of the training officer or coordinator of the official test results in writing within 10 days after completion of the examination. Section 439.15 changes the reference regarding "inactive status." No comments were received regarding adoption of these amendments. The amendments are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; the Texas Government Code, sec.419.026, which authorizes the commission to give examinations to fire protection personnel for basic certification; and the Texas Government Code, sec.419.034(d), authorizing proficiency examinations. sec.439.7. Procedures. (a)-(k) (No change.) (l) All official grading and notification shall come from the commission. The commission staff shall inform the training officer or coordinator of preliminary test results within 72 hours after completion of the examination. The commission staff shall notify the training officer or coordinator of the official test results in writing within 10 days after completion of the examination. (m) (No change.) sec.439.15. Testing for Certification Status. (a) An individual on inactive status, (as defined in sec.421.5 of this title (relating to Definitions)) for one year or longer may not renew the certificate or certificates that were previously held. (b) The individual may obtain a new certificate or certificates in the discipline or disciplines which was previously held by becoming employed to a position as defined in sec.421.5 of this title (relating to Definitions) (1) -(2) (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 November 25, 1992. TRD-9215812 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Chapter 441. Continuing Education 37 TAC sec.441.5, sec.441.9 The Texas Commission on Fire Protection adopts an amendment to sec.441.5 and new sec.441.9, concerning continuing education, with changes to the text as published in the September 11, 1992, Texas Register (17 TexReg 6273). In sec.441.5(a), the word "required" is changed to "required" and in subsection (c)(1) the last sentence is change to permit continuing education training by a qualified instructor, provided it is administered by a certified instructor. In sec.441.9 the word "certified" is changed to "assigned" regarding continuing education requirements for Aircraft Crash and Rescue Fire Protection Personnel. The amendment to sec.441.5 provides that persons holding certifications in more than one discipline will only have one continuing education requirement. New sec.441.9 establishes a continuing education requirement for aircraft crash and rescue fire protection personnel. The continuing education requirements will ensure that the competency of fire protection personnel is maintained. Section 441.5 provides that persons holding certifications in more than one discipline will only have one continuing education requirement of 20 hours per year. Section 441.9 regarding continuing education for persons assigned as Aircraft Crash and Rescue Fire Protection Personnel must meet the specific training requirements of FAR 139.319, j-2. No comments were received regarding adoption of the amendment and new section. The amendment and new section are adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; the Texas Government Code, sec.419.032(b), which provides the commission with authority to establish qualifications relating to continuing education programs. sec.441.5. Requirements. (a) Continuing education shall be required in order to renew certification for any discipline which has a continuing education requirement stated in this chapter. (b) The continuing education requirement for renewal of certification shall consist of 20 hours of training to be conducted during the certification period. Effective January 1, 1993, only 20 total hours of continuing education shall be required to renew all certificates if an individual holds more than one certificate. (c) Continuing education may consist of either of the following types: (1) in-service training, in basic subjects contained in the commission approved basic curriculum of the particular discipline, intended to maintain basic knowledge and/or skills. This type of training must be conducted by a qualified instructor and administered by a certified instructor; (2) (No change.) (d)-(e) (No change.) sec.441.9. Continuing Education for Aircraft Crash and Rescue Fire Protection Personnel. For any certification period beginning after October 31, 1992, continuing education will be required for personnel assigned as Aircraft Crash and Rescue Fire Protection Personnel and must meet the specific training requirements of FAR 139.319, j-2, (pertaining to Aircraft Rescue and Firefighting Operational Requirements). 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 25, 1992. TRD-9215813 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 Chapter 443. Adoption by Reference 37 TAC sec.443.1 The Texas Commission on Fire Protection adopts an amendment to sec.443.1, concerning adoption by reference, with changes to the proposed text as published in the Texas Register (17 TexReg 6274). The changes include a change to the date of the curriculum edition and changes to the documents adopted by reference to update reference material and correct formatting and clerical errors. The amendment changes the name of the Basic Fire Suppression Curriculum by deleting the word "structure" and also adopts a revised edition of the curriculum manual. The name and address of the commission are also changed. The changes to the curriculum are not substantive and require no additional hours; rather, they are changes in formatting and organization of content only. The changes are necessary to improve the training of fire suppression personnel by approved training facilities. The amendment to sec.443.1 changes the name of Basic Fire Suppression Curriculum by deleting the word "structure." The amendment also changes the name of the commission, the date of the last amendment to the curriculum, and the address of the commission. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and the Texas Government Code, sec.419.032(b), which provides the commission with authorization to establish qualifications for training programs for fire protection personnel. sec.443.1. Basic Fire Suppression Curriculum. (a) (No change.) (b) The Commission on Fire Protection adopts by reference Chapter 1, Basic Fire Suppression Curriculum, of the Commission's document titled "Commission Certification Curriculum Manual" as amended October 14, 1992. (c) The document adopted by reference in this section is on file in the offices of the Commission on Fire Protection, 3006 B Longhorn Boulevard, Austin, Texas 78759-6735, and is available for public inspection during regular working hours. A copy of the document may be obtained upon request and payment of the fee as specified in Chapter 437 of this title (relating to Fees) . 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 25, 1992. TRD-9215814 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 16, 1992 Proposal publication date: September 11, 1992 For further information, please call: (512) 873-1700 37 TAC sec.443.3 The Texas Commission on Fire Protection adopts new sec.443.3, concerning adoptions by reference of the basic aircraft rescue and fire protection personnel curriculum, without changes to the proposed text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 4076). The section has an effective date of April 1, 1993, and will replace repealed sections pertaining to the same topic. The new curriculum adopted by the commission improves the training of aircraft crash and rescue fire protection personnel by expanding their specialized training and eliminating redundant training already covered in the basic fire suppression curriculum (which is also a requirement for certification). The practical reduction in the number of hours for most departments that supply aircraft rescue and fire protection with structure trained fire fighters will have an overall positive economic impact for most local governments. The curriculum organizes the competencies, objectives, and reference materials in a manner that improves the delivery of training to aircraft rescue and fire protection personnel. The improved training will enhance the safety of the flying public and aircraft crews. The adopted curriculum streamlines the specialized training hours previously required from 127 to 235 hours (previously varied depending on airport index) to 94 hours by removing topics covered in the basic fire suppression curriculum. The curriculum is organized by subject matter, competencies, objectives (both written and performances), and includes required equipment and reference materials for each objective. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its power and duties; and the Texas Government Code, sec.419.038, which provides the Commission with the authority to adopt requirements for certification of aircraft crash and rescue personnel. 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 25, 1992. TRD-9215815 Jack Woods General Counsel Texas Commission of Fire Protection Effective date: April 1, 1993 Proposal publication date: June 5, 1992 For further information, please call: (512) 873-1700 Chapter 471. Standards For Volunteer Certification 37 TAC sec.sec.471.1, 471.3, 471.5, 471.7 The Texas Commission on Fire Protection adopts new sec. sec.471.1, 471.3, 471. 5, and 471.7, concerning standards for the commission's volunteer certification program. Section 471.3 is adopted with changes to the proposed text as published in the August 28, 1992, Texas Register (17 TexReg 5937). The word "structure" in the definition of module is deleted from the proposed text. Sections 471.1, 471.5, and 471.7 are adopted without changes and will not be republished. The sections in Chapter 471 establish procedures for meetings of the volunteer fire fighter advisory committee, outlines objectives of the program, defines various terms, and provides for recognition of previous training. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 471.1 provides procedures for the Volunteer Fire Fighter Advisory Committee meetings including the election of officers. Section 471.3 provides the minimum standards and the objectives set by the commission for the volunteer fire fighter certification program. Section 471.5 provides the definitions used in describing the minimum standards and requirements for the program. Finally, sec.471.7 provides the minimum standards necessary to participate in the volunteer fire fighter program. No comments were received regarding adoption of the new sections. The new sections are proposed under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. sec.471.3. Minimum Standards Set by the Commission. (a) General statement. It shall be clearly understood that the specified minimum standards herein described are designated as a minimum program. Participating entities are encouraged to exceed the minimum program wherever possible. Continuous in-service training beyond the minimum standards for volunteer fire fighter certification is strongly recommended. Nothing in these regulations shall limit or be construed as limiting the powers the participating entity, to enact rules and regulations which establish a higher standard of training than the minimum specified, or which provides for the termination of the services of unsatisfactory personnel during or upon completion of the prescribed probationary period. (b) Objectives. The objectives of the commission are to raise the level of competence of volunteer fire fighters by establishing specified minimum standards within the scope of the Code creating the commission and outlining its duties and responsibilities. The commission has the authority to: (1) certify volunteer fire fighter training and educational programs as having attained the minimum required standards specified by the commission; (2) certify volunteer instructors as having qualified as volunteer fire fighter instructors under such conditions as the commission may prescribe; (3) direct research in the field of fire protection and to accept gifts and grants for such purposes; (4) recommend curricula for advanced courses, seminars, and fire science courses in colleges and institutions of higher education at the request of the Coordinating Board, Texas College and University System; (5) certify persons as having qualified as marine fire protection personnel under such conditions as the commission may prescribe; (6) certify persons as having qualified as aircraft crash and rescue personnel under such conditions as the commission may prescribe; (7) certify persons as having qualified in one of the other categories of fire protection personnel under such conditions as the commission may prescribe; (8) promulgate mandatory minimum requirements for admission in each lowest level categories of fire protection personnel; and (9) revoke or suspend any certificates issued, or assess administrative penalties, after due process hearing. 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 25, 1992. TRD-9215816 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 473. Volunteer Fire Fighter 37 TAC sec.sec.473.1, 473.3, 473.5 The Texas Commission on Fire Protection adopts new sec. sec.473.1, 473.3, and 473.5, concerning requirements for volunteer fire fighter certification without changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5939). The sections in Chapter 473 set forth requirements for certification as a basic volunteer fire fighter, including curriculum requirements, training facilities, examination requirements, and continuing education requirements. The rules outline alternative means of completing an approved basic volunteer fire fighter curriculum and prescribe the content of the curriculum. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 473.1 provides an effective date for the section and also provides the minimum standards for basic volunteer fire fighters. Section 473.3 contains the adoption by reference of Chapter 1, Basic Volunteer Fire Fighter Curriculum, of the commission's document titled "Commission Volunteer Curriculum Manual", as amended. Section 473.5 allows for maintaining certification by the participating individual submitting to the commission documentation of annual continuing education. No comments were received regarding adoption of the new sections. The new sections are proposed under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. 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 25, 1992. TRD-9215817 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 475. Volunteer Fire Fighter Instructor and Instructor Training 37 TAC sec.sec.475.1, 475.3, 475.9, 475.11 The Texas Commission on Fire Protection adopts new sec. sec.475.1, 475.3, 475. 9, 475.11, concerning volunteer fire fighter instructor certification and instructor training, without changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5940). The sections in Chapter 475 outline the requirements for certification as a basic volunteer fire fighter instructor and an intermediate volunteer fire fighter instructor. The requirements are essentially the same as those for paid fire instructors, except that for a limited time period an individual may be certified by the commission as a basic volunteer fire fighter instructor if he or she possesses a State Firemen's and Fire Marshals' Association of Texas Intermediate Fire Fighter certificate and a Level II Instructor certificate from the Association. Section 475.5 and sec.475.7 are reserved for advanced volunteer fire fighter instructor certification and master volunteer fire fighter instructor certification, respectively. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 475.1 provides the procedures necessary to become certified as a basic volunteer fire fighter instructor. Section 475.3 provides the procedures necessary to become certified as an intermediate volunteer fire fighter instructor. Section 475.9 provides the qualifications necessary to become certified as a volunteer instructional specialist. Finally, Section 475.11 provides information on instructor training courses and substitutions on courses that can be made. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. 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 25, 1992. TRD-9215818 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 477. Volunteer Fire Fighter Training Facilities 37 TAC sec.sec.477.1, 477.3, 477.5, 477.7, 477.9, 477.11, 477.13 The Texas Commission on Fire Protection adopts new sec. sec.477.1, 477.3, 477. 5, 477.7, 477.9, 477.11, and 477.13, concerning volunteer fire fighter training facilities. Section 477.3 and sec.477.11 are adopted with changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5941). A change was made to sec.477.3(b) to clarify the correct NFPA Standard to use as a reference. Section 477.11(b) was changed to permit a paid instructor certified by the commission under Chapter 425 of this chapter to teach at a volunteer fire fighter training facility. Sections 477.1, 477.5, 477.7, 477.9, and 477.13, are adopted without changes and will not be republished. The sections in Chapter 477 establish resource requirements for commission approved volunteer fire fighter training facilities, including apparatus, equipment, reference material, testing and records, staff, and administration. It should be noted that sec.471.1(d) permits an organization to apply for approval to teach all or part of the curriculum. In addition, the resources need not be owned by the training facility applicant but must be available and used by the instructor and trainees." The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 477.1 provides the minimum requirements for certification for an approved training facility. Section 477.3 provides for training dealing with the apparatus used by the authority having jurisdiction. Section 477.5 provides information on equipment used in training. Section 477.7 provides the reference materials that must be keep at the training facility. Section 477.9 provides the requirements for testing and maintenance of records at the training facility. Section 477.11 provides information on the requirements for faculty at the training facility. Section 477.13 provides general information on training facilities including minimum standards to retain certification as an approved training facility. This section also addresses the circumstances under which a training facilities certification may be revoked. No comments were received regarding adoption of these new sections. The new sections are proposed under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education training programs, continuing education, and testing procedures for the volunteer certification program. sec.477.3. Apparatus-Training Facility. (a) A pumper apparatus fully equipped as used by the authority having jurisdiction shall be available for use by the instructors to teach pumper apparatus operation. NFPA Standard 1901, Pumper Fire Apparatus, should be used as a guide. (b) Ladders or a ladder truck as used by the authority having jurisdiction shall be available for use by the instructors to teach ladders or ladder truck operation. NFPA Standard 1904, Aerial Ladder and Elevating Platform Apparatus, should be used as a guide for ladder truck equipment. (c) The trainee should become familiar with each major type of apparatus utilized by the authority having jurisdiction. sec.477.11. Staff-Training Facility. (a) The chief training officer, as a minimum, must possess an Intermediate Volunteer Fire Fighter Instructor certification as required in Fighter Training Facilities sec.475.3 of this title (relating to Minimum Standards for Intermediate Volunteer Fire Fighter Instructor Certification), except as provided in sec.477.13(e) of this title (relating to General Information- Training Facility). The term "chief training officer" as used in these standards is the fire department training officer by whatever title he/she may be called. (b) All instructors, except guest instructors, must possess as a minimum a Basic Volunteer Fire Fighter Instructor certificate, as required in sec.475.1 of this title (relating to Minimum Standards for Basic Volunteer Fire Fighter Instructor Certification), or a Basic Fire Protection Instructor Certificate as provided in sec.425.1 of this title. A guest instructor is defined as an individual with special knowledge, skill and expertise in a specific subject area who has the ability to enhance the effectiveness of the training. (c) Guest instructors, utilized on a limited basis, are not required to be certified as instructors. These guest instructors can teach under the endorsement of the instructor responsible for the subject being taught. (d) The commission encourages all training facility staff to upgrade their instructor certification by completing the required teacher-training courses and other education requirements set forth for higher levels of instructor standards. 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 25, 1992. TRD-9215819 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 479. Examinations For Volunteer Fire Fighter Certification 37 TAC sec.sec.479.1, 479.3, 479.5, 479.7, 479.9, 479.11 The Texas Commission on Fire Protection adopts new sec. sec.479.1, 479.3, 479. 5, 479.7, 479.9, and 479.11, concerning examinations for volunteer fire fighter certification. Section 479.1 is adopted with changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5944). Section 479.1 was changed to require that reasonable accommodations be made in the testing procedures for those individuals with disabilities, as required by the Americans with Disabilities Act. Sections 479. 3, 479.5, 479.7, 479.9, and 479.11 are adopted without changes and will not be republished. The sections in Chapter 479 establish general examination requirements and procedures and outline criteria for eligibility, grading, and performance skills for examinations for certification as a basic volunteer fire fighter. The sections permit an applicant who has completed the relevant portions of the basic volunteer fire fighter curriculum to take an examination on each module or subject area, or, alternatively, to take a comprehensive final examination for commission certification as a basic volunteer fire fighter. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 479.1 provides the general requirements for examinations to become certified under the Basic Volunteer Fire Fighter Certification program. Section 479.3 provides definitions of words and terms used in this chapter. Section 479.5 provides procedures for conducting written and/or performance examinations. Section 479.7 provides the requirements for eligibility to sit for the commission approved examination. Section 479.9 explains the scoring and grading of the examination. Section 479.11 provides the procedures for conducting the performance skills portion of a specific module if performance skills are required. No comments were received regarding adoption of the new sections. The new sections are proposed under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. sec.479.1. Requirements-General. (a) In order to be certified by the commission as a basic volunteer fire fighter, an individual must complete the standards set forth in sec.473.1(b) of this title (relating to Minimum Standards for Basic Volunteer Fire Fighter) for an approved basic volunteer fire fighter curriculum, as adopted, and must pass all commission approved examinations pertaining to each respective curriculum module or a comprehensive final examination. (b) Commission approved module examinations and the comprehensive final examination shall consist of at least a written test. (c) The commission approved module examinations and the comprehensive final examination may also include a skills or proficiency test on certain and specific modules where proficiency in the certain and specific modules is/are deemed important and/or necessary by either NFPA standard, OSHA mandates for life safety, or the Texas Commission on Fire Protection. (d) The commission shall make reasonable accommodations required by federal law in reference to testing procedures for individuals with disabilities as required by the Americans with Disabilities 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 November 25, 1992. TRD-9215820 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 481. Volunteer Fire Fighter Certification Fees 37 TAC sec.sec.481.1, 481.3, 481.5, 481.7, 481.9 The Texas Commission on Fire Protection adopts new sec. sec.481.1, 481.3, 481. 5, 481.7, and 481.9 concerning volunteer fire fighter fees. Section 481.3 is adopted with changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5946). Section 481.3 subsections (a)-(b) have been rewritten for clarification and a new subsection (c) has been added to require a $5.00 annual renewal fee required each year for certified volunteer fire fighters regardless of the number of certificates held, instead of an annual participation fee. Sections 481.1, 481.5, 481.7, and 481.9 are adopted without changes and will not be republished. The sections in Chapter 481 establish fees for the volunteer fire fighter certification program, including a one time $10 certification fee for each certificate issued as well as an annual participation fee of $5.00. Fees for standards manuals and curriculum manuals are set at $20 each. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 481.1 explains the purpose and scope for the fee structure. Section 481.3 describes the type of fees to be collected and the certificates that will be issued by the commission. Section 481.5 provides the cost of the Volunteer Standards Manual. Section 481.7 provides the cost of the Volunteer Curriculum Manual. Section 481.9 provides the cost allowed for copying records furnished by the commission. No comments were received regarding adoption of the new sections. The new sections are proposed under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. sec.481.3. Fees-Participation and Certification. (a) A $5.00 annual participation fee is required from each participating individual seeking certification as a volunteer fire fighter. (b) A one time $10 certification fee is required for each certificate issued by the commission under the volunteer certification program. (c) A $5.00 annual certification renewal fee is required for each certified volunteer fire fighter regardless of the number of certificates held by said individual. (d) The certification fees must be in the form of a cashier's check, money order, volunteer entity check, or personal check. (e) Certification fees shall not be combined with other fees such as fees for commission manuals or copying fees. (f) The following are certificates issued by the Texas Commission on Fire Protection for which fees are required: (1) Basic Volunteer Fire Fighter; (2) Basic Volunteer Instructor; (3) Intermediate Volunteer Instructor; (4) Volunteer Instructor Specialist; (5) Approved Training Facility. 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 25, 1992. TRD-9215821 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 483. Volunteer Fire Fighter Safety 37 TAC sec.sec.483.1, 483.3, 483.5 The Texas Commission on Fire Protection adopts new sec. sec.483.1, 483.3, and 483.5, concerning volunteer fire fighter safety, without changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5947). The sections in Chapter 483 concerning volunteer fire fighter safety essentially apply the same standards applicable to paid fire protection personnel for protective clothing and self-contained breathing apparatus, with minor changes to adapt them to the volunteer fire fighter's circumstances. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 483.1 establishes the requirements and references the section of the paid fire protection personnel standards that volunteer fire fighters should comply with for protective clothing. Section 483.3 establishes the requirements and references the section of the paid fire protection personnel standards that volunteer fire fighters should comply with regarding self-contained breathing apparatus. Section 483.5 provides the commission's recommendations for publications to be sued as guides for all fire protection operations. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. 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 25, 1992. TRD-9215803 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 487. Eligibility For Volunteer Fire Fighter Certification As Fire Protection Personnel 37 TAC sec.487.1, sec.487.3 The Texas Commission on Fire Protection adopts new sec.487.1 and sec.487.3, concerning eligibility for volunteer fire fighter certification as fire protection personnel, without changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5947). The sections in Chapter 487 outline the requirements and procedures for eligibility for volunteer fire fighter certification as paid fire fighter personnel, as provided in the Texas Government Code, sec.419.075, including an examination requirement. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote better integration between paid and volunteer fire departments in Texas. Section 487.1 provides an eligibility requirements for a volunteer fire fighter to be certified to the fire protection personnel under Chapter 423. Section 487.3 provides employment requirements for a volunteer fire fighter who becomes employed in a position as a full-time full-paid structure fire protection personnel. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. 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 25, 1992. TRD-9215822 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 Chapter 489. Volunteer Fire Department Inspections 37 TAC sec.sec.489.1, 489.3, 489.5, 489.7, 489.9 The Texas Commission on Fire Protection adopts new sec. sec.489.1, 489.3, 389. 5, 489.7, and 489.9 concerning volunteer fire department inspections, without changes to the proposed text as published in the August 28, 1992, issue of the Texas Register (17 TexReg 5948). The sections in Chapter 489 establish a procedure for a volunteer fire department seeking regulation from the commission to request an inspection for compliance with requirements pertaining to protective clothing, SCBA, training facilities, and training records. Although approval or certification may be denied for non-compliance, the rule authorize administrative penalties only in the case of falsified records, inasmuch as the program is a voluntary certification and regulation program for volunteer fire fighters and departments. The volunteer certification program will raise the level of competency and safety of volunteer fire fighters and promote integration between paid and volunteer fire departments in Texas. Section 489.1 allows the volunteer fire department to request an administrative inspection. Section 489.3 provides that the commission shall furnish a written report to the volunteer fire department indicating the areas of compliance or non-compliance. Section 489.5 provides the areas where an administrative penalty may be assessed. Section 489.7 provides information on inspections of training facilities. Section 489.9 provides that the volunteer fire department, upon completion of an inspection concerning protective clothing and self-contained breathing apparatus, may apply to the commission for a certificate of compliance. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and sec.419.071(e), which provides the Texas Commission on Fire Protection with authority to establish rules for qualifications relating to education, training programs, continuing education, and testing procedures for the volunteer certification program. 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 25, 1992. TRD-9215823 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1993 Proposal publication date: August 28, 1992 For further information, please call: (512) 873-1700 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 41. Utilization Review Waiver for Utilization Review Procedure 40 TAC sec.41.102 The Texas Department of Human Services (DHS) adopts the repeal of sec.41. 102, adopts new sec.41.102, and adopts amendments to sec.sec.41.103, 41.104, 41. 106- 41.110, and 41.112, without changes to the proposed text as published in the October 16, 1992, issue of the Texas Register (17 TexReg 7198). The justification for the repeal, new section, and amendments is to allow acceptance of facsimile attestation statements if the provider is approved for the procedure by their Medicare fiscal intermediary; to clarify the process to rebill for observation stays; to refine the methodology used to select cases for utilization review; and to clarify the diagnostic related group (DRG) validation process. The repeal, new section, and amendments will function by providing clearer rules concerning the use of the facsimile machine to transmit attestation statements, the DRG validation process, and the Hospital Utilization Review program's sampling methodology. No comments were received regarding adoption of the repeal, new section, and amendments. The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 40 TAC sec.41.102 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 24, 1992. TRD-9215738 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: January 1, 1993 Proposal publication date: October 6, 1992 For further information, please call: (512) 450-3765 The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 24, 1992. TRD-9215739 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: January 1, 1993 Proposal publication date: October 6, 1992 For further information, please call: (512) 450-3765 40 TAC sec.sec.41.103, 41.104, 41.106-41.110, 41.112 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 24, 1992. TRD-9215740 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: January 1, 1993 Proposal publication date: October 6, 1992 For further information, please call: (512) 450-3765