PROPOSED 
 RULES 
 
 Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the  
Texas Register at least 30 days before action is taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive action, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members. 
  Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of  bold text. [Brackets] indicate deletion of existing 
material within a section. 
 
   
  TITLE 25. HEALTH SERVICES 
 Part I. Texas Department of Health 
  Chapter 289. Radiation Control 
  
  The Texas Department of Health (department) proposes the repeal of existing 
sec.289.128; and proposes new sec.289.251 concerning the control of radiation. 
The section proposed for repeal adopts by reference Part 40, titled "Exemptions, 
General Licenses, and General License Acknowledgements" of the Texas Regulations 
for Control of Radiation (TRCR). The proposed new section incorporates language 
from Part 40 that has been re-written in Texas Register format and includes 
requirements for general licensees and general license acknowledgement holders 
to report to the department incidents involving events that prevent immediate 
protective actions necessary to avoid exposures to or releases of radioactive 
materials that could exceed regulatory limits (events may include fires, 
explosions, toxic gas releases, etc.). The section clarifies which manufacturers 
of generally-licensed devices must be specifically licensed by the United States 
Nuclear Regulatory Commission (NRC) and which may be specifically licensed by 
the NRC, an Agreement State, or a Licensing State. It also specifies the type of 
licensee to which a generally-licensed device may be transferred. The section 
further clarifies that tests for leakage of radioactive material and proper 
operation of the "on-off" mechanism and indicator must be performed in 
accordance with instructions provided by the labels or by a person specifically 
licensed to perform such tests. These are items of compatibility with the NRC, 
and as an Agreement State, Texas must adopt them. 
 The repeal and new section are part of the first phase in the process for 
converting existing sections that adopt by reference the various parts of the 
TRCR to Texas Register  format. 
 Mrs. Ruth E. McBurney, C.H.P., Director, Division of Licensing, Registration 
and Standards, Bureau of Radiation Control, has determined that for the first 
five-year period the section is in effect, there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section as proposed. 
 Mrs. McBurney also has determined that for each year of the first five years 
the section is in effect, the public benefit anticipated as a result of 
enforcing the section will be to ensure that general licensees and general 
license acknowledgement holders will report to the department incidents 
involving releases of or exposures to radioactive materials. No impact is 
anticipated on small businesses, or individuals who are required to comply with 
these rules or on local employment as a result of implementing this section. 
 Comments on the proposal may be presented in writing to Ruth E. McBurney, C. 
H.P., Director, Division of Licensing, Registration and Standards, Bureau of 
Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, 
Texas 78756-3189, (512) 834-6688. Public comments will be accepted for 30 days 
following publication of these proposed changes in the Texas Register. In 
addition, a public hearing will be held at 9:00 a.m., Thursday, May 18, 1995, in 
Conference Room N218, Texas Department of Health, Bureau of Radiation Control, 
located at the Exchange Building, 8407 Wall Street, Austin, Texas. 
   
  Texas Regulations for the Control of Radiation 
 
  25 TAC sec.289.128 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The repeal is proposed under the Health and Safety Code, Chapter 401, which 
provides the Board of Health with the authority to adopt rules and guidelines 
relating to the control of radiation; and sec.12.001, which provides the Board 
of Health with authority to adopt rules to implement every duty imposed by law 
on the board, the department, and the commissioner of health. 
 This repeal will affect Health and Safety Code, Chapter 401. 
 
 
  sec.289.128. Exemptions, General Licenses, and General License 
Acknowledgements. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 17, 1995. 
 TRD-9504688 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 458-7236 
         
         
  25 TAC sec.289.251 
 
  The new section is proposed under the Health and Safety Code, Chapter 401, 
which provides the Board of Health with the authority to adopt rules and 
guidelines relating to the control of radiation; and sec.12.001, which provides 
the Board of Health with authority to adopt rules to implement every duty 
imposed by law on the board, the department, and the commissioner of health. 
 This section will affect Health and Safety Code, Chapter 401. 
 
 
  sec.289.251. Exemptions, General Licenses, and General License 
Acknowledgements. 
 
  (a) Scope and purpose. This section provides for exemptions to licensing 
requirements, general licensing of radioactive material, and acknowledgement of 
general licenses. Except as otherwise authorized, no person shall receive, 
possess, use, transfer, own, or acquire radioactive material except as 
authorized in a general license or general license acknowledgement issued in 
accordance with this section, or in a specific license issued in accordance with 
sec.289.115 of this title (relating to Radiation Safety Requirements and 
Licensing and Registration Procedures for Industrial Radiography), sec.289.127 
of this title (relating to Licensing of Naturally Occurring Radioactive Material 
(NORM)), sec.289.252 of this title (relating to Licensing of Radioactive 
Material), or sec.289.254 of this title (relating to Licensing of Radioactive 
Waste Processing and Storage Facilities). 
   
  (b) Definitions. The following words and terms, when used in this chapter, 
shall have the following meanings, unless the text clearly indicates otherwise. 
 
  (1) General license-An authorization granted in accordance with this section. 
General licenses provided in this section are effective without the filing of 
applications with the agency or the issuance of licensing documents to the 
particular persons. The general licensee is subject to all other applicable 
portions of this chapter and any limitations of the general license. 
   
  (2) General license acknowledgement-A written recognition of a general license 
issued in accordance with this section. General license acknowledgements require 
the submission of an application to the agency and the issuance of a written 
acknowledgement of a general license granted in accordance with this section. 
The holder of a general license acknowledgement is subject to all other 
applicable portions of this chapter as well as any limitations specified in the 
acknowledgement document. 
     
  (c) Exemptions for source material. 
 
  (1) Any person is exempt from this section and sec.289.252 of this title if 
that person receives, possesses, uses, or transfers source material in any 
chemical mixture, compound, solution, or alloy in which the source material is 
by weight less than 1/20 of 1.0% (0.05%) of the mixture, compound, solution, or 
alloy. 
   
  (2) Any person is exempt from this section and sec.289.252 of this title if 
that person receives, possesses, uses, or transfers unrefined and unprocessed 
ore containing source material; provided that, except as authorized in a 
specific license, such person shall not refine or process such ore. This 
exemption does not apply to the mining of ore containing source material. 
   
  (3) Any person is exempt from this section and sec.289.252 of this title if 
that person receives, possesses, uses, or transfers: 
 
  (A)  any quantities of thorium contained in: 
 
  (i) incandescent gas mantles; 
   
  (ii) vacuum tubes; 
   
  (iii) welding rods; 
   
  (iv) electric lamps for illuminating purposes provided that each lamp does not 
contain more than 50 milligrams of thorium; 
   
  (v)  germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting 
provided that each lamp does not contain more than 2 grams of thorium; 
   
  (vi) rare earth metals and compounds, mixtures, and products containing not 
more than 0.25% by weight thorium, uranium, or any combination of these; or 
   
  (vii) personnel neutron dosimeters, provided that each dosimeter does not 
contain more than 50 milligrams of thorium; 
     
  (B)  source material contained in the following products: 
 
  (i)  glazed ceramic tableware, provided that the glaze contains not more than 
20% by weight source material; 
   
  (ii) glassware containing not more than 10% by weight source material, but not 
including commercially manufactured glass brick, pane glass, ceramic tile, or 
other glass or ceramic used in construction; 
   
  (iii) glass enamel or glass enamel frit containing not more than 10% by weight 
source material imported or ordered for importation into the United States, or 
initially distributed by manufacturers in the United States, before July 25, 
1983; or 
   
  (iv) piezoelectric ceramic containing not more than 2.0% by weight source 
material; 
     
  (C)  photographic film, negatives, and prints containing uranium or thorium; 
   
  (D) any finished product or part fabricated of, or containing, metal-thorium 
alloys, provided that the thorium content of the alloy does not exceed 4.0% by 
weight and that the exemption contained in this subparagraph shall not be deemed 
to authorize the chemical, physical, or metallurgical treatment or processing of 
any such product or part; 
   
  (E) depleted uranium contained in counterweights installed in aircraft, 
rockets, projectiles, and missiles, or stored or handled in connection with 
installation or removal of such counterweights, provided that: 
 
  (i)  the counterweights are manufactured in accordance with a specific license 
issued by the commission authorizing distribution by the licensee in accordance 
with 10 Code of Federal Regulations (CFR) Part 40; 
   
  (ii)  each counterweight has been impressed with the following legend clearly 
legible through any plating or other covering: "DEPLETED URANIUM," (The 
requirements specified in this clause need not be met by counterweights 
manufactured prior to December 31, 1969, provided that such counterweights are 
impressed with the legend, "CAUTION-RADIOACTIVE MATERIAL-URANIUM," as previously 
required by this chapter); 
   
  (iii) each counterweight is durably and legibly labeled or marked with the 
identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS 
PROHIBITED," (The requirements specified in this clause need not be met by 
counterweights manufactured prior to December 31, 1969, provided that such 
counterweights are impressed with the legend, "CAUTION-RADIOACTIVE MATERIAL-
URANIUM," as previously required by this chapter); and 
   
  (iv) the exemption contained in this subparagraph shall not be deemed to 
authorize the chemical, physical, or metallurgical treatment or processing of 
any such counterweights other than repair or restoration of any plating, 
covering, or labeling; 
     
  (F) depleted uranium used as shielding constituting part of any shipping 
container, provided that: 
 
  (i) the shipping container is conspicuously and legibly impressed with the 
legend "CAUTION-RADIOACTIVE SHIELDING-URANIUM;" and 
   
  (ii) the uranium metal is encased in a one-eighth inch minimum wall thickness 
of mild steel or equally fire resistant material; 
     
  (G) thorium contained in finished optical lenses, provided that each lens does 
not contain more than 30% by weight of thorium, and that the exemption contained 
in this subparagraph shall not be deemed to authorize either: 
 
  (i) the shaping, grinding, or polishing of such lens or manufacturing 
processes other than the assembly of such lens into optical systems and devices 
without any alteration of the lens; or 
   
  (ii)  the receipt, possession, use, or transfer of thorium contained in 
contact lenses, or in spectacles, or in eyepieces in binoculars or in other 
optical instruments; 
     
  (H) uranium contained in detector heads for use in fire detection units, 
provided that each detector head contains not more than 0.005 microcurie of 
uranium; or 
   
  (I) thorium contained in any finished aircraft engine part containing nickel-
thoria alloy, provided that: 
 
  (i) the thorium is dispersed in the nickel-thoria alloy in the form of finely 
divided thoria (thorium dioxide); and 
   
  (ii) the thorium content in the nickel-thoria alloy does not exceed 4.0% by 
weight. 
       
  (4) The exemptions in subsection (c)(3) of this section do not authorize the 
manufacture of any of the products described. 
     
  (d)  Exemptions for radioactive material other than source material. 
 
  (1)  Exempt concentrations. 
 
  (A) Except as provided in subparagraph (B) of this paragraph, any person is 
exempt from this section and sec.289.252 of this title if that person receives, 
possesses, uses, transfers, or acquires products or materials containing 
radioactive material in concentrations not in excess of those listed in 
subsection (q)(1) of this section. 
   
  (B) No person may introduce radioactive material into a product or material, 
including waste, knowing or having reason to believe that it will be transferred 
to persons exempt in accordance with subparagraph (A) of this paragraph or 
equivalent regulations of the commission, any agreement state, or any licensing 
state, except in accordance with a specific license issued in accordance with 
sec.289.252(h)(1) of this title or the general license provided in 
sec.289.252(s) of this title. 
     
  (2) Exempt quantities. 
 
  (A)  Except as provided in subparagraph (C) of this paragraph, any person is 
exempt from these rules if that person receives, possesses, uses, transfers, or 
acquires radioactive material in individual quantities, each of which does not 
exceed the applicable quantity set forth in subsection (q)(2) of this section. 
   
  (B) Any person who possesses radioactive material received or acquired in 
accordance with the general license provided in subsection (g) (1)(B) of this 
section is exempt from the requirements for a license set forth in sec.289.252 
of this title if that person possesses, uses, or transfers such radioactive 
material. 
   
  (C) This paragraph does not authorize the production, packaging, or 
repackaging of radioactive material for purposes of commercial distribution, or 
the incorporation of radioactive material into products intended for commercial 
distribution. 
   
  (D) No person may, for purposes of commercial distribution, transfer 
radioactive material in quantities greater than the individual quantities set 
forth in subsection (q) (2) of this section, knowing or having reason to believe 
that such quantities of radioactive material will be transferred to persons 
exempt in accordance with this paragraph or equivalent regulations of the 
commission, any agreement state, or any licensing state, except in accordance 
with a specific license issued by the commission in accordance with 10 CFR 32.18 
or by the agency in accordance with sec.289.252(h)(2) of this title, which 
states that the radioactive material may be transferred by the licensee to 
persons exempt in accordance with this paragraph or the equivalent regulations 
of the commission, any agreement state, or any licensing state. 
   
  (E) The schedule of quantities set forth in subsection (q)(2) of this section 
applies only to radioactive materials distributed as exempt quantities in 
accordance with a specific license issued by the agency, another licensing 
state, or the commission. Subsection (q)(2) of this section does not apply to 
radioactive materials that have decayed from quantities not originally exempt 
and does not make such material, or the sources or devices in which the material 
is contained, exempt from the licensing requirements in this section or sec.289. 
252 of this title. 
     
  (3) Exempt items. 
 
  (A) Certain items containing radioactive material. 
 
  (i) Except for persons who apply radioactive material to, or persons who 
incorporate radioactive material into the following products, any person is 
exempt from this chapter if that person receives, possesses, uses, transfers, or 
acquires the following products: 
 
  (I) timepieces, hands, or dials containing not more than the following 
specified quantities of radioactive material and not exceeding the following 
specified levels of radiation: 
 
  (-a-) 25 millicuries of tritium per timepiece; 
   
  (-b-) 5 millicuries of tritium per hand; 
   
  (-c-) 15 millicuries of tritium per dial (bezels when used shall be considered 
as part of the dial); 
   
  (-d-) 100 microcuries of promethium-147 per watch or 200 microcuries of 
promethium-147 per any other timepiece; 
   
  (-e-) 20 microcuries of promethium-147 per watch hand or 40 microcuries of 
promethium-147 per other timepiece hand; 
   
  (-f-) 60 microcuries of promethium-147 per watch dial or 120 microcuries of 
promethium-147 per other timepiece dial (bezels when used shall be considered as 
part of the dial); 
   
  (-g-) the levels of radiation from hands and dials containing promethium-147 
will not exceed, when measured through 50 milligrams per square centimeter of 
absorber: 
 
 </vsh> (-1-) for wrist watches, 0.1 millirad per hour at 10 centimeters from 
any surface; 
 </vsb> </vsec> 
 </vsh> (-2-) for pocket watches, 0.1 millirad per hour at 1 centimeter from any 
surface; and 
 </vsb> </vsec> 
 </vsh> (-3-) for any other timepiece, 0.2 millirad per hour at 10 centimeters 
from any surface; or 
 </vsb> </vsec>   
  (-h-) 1 microcurie of radium-226 per timepiece in timepieces, hands, or dials 
manufactured or initially distributed prior to January 1, 1986; 
     
  (II) lock illuminators containing not more than 15 millicuries of tritium or 
not more than 2 millicuries of promethium-147 installed in automobile locks. The 
levels of radiation from each lock illuminator containing promethium-147 will 
not exceed 1 millirad per hour at 1 centimeter from any surface when measured 
through 50 milligrams per square centimeter of absorber; 
   
  (III) balances of precision containing not more than 1 millicurie of tritium 
per balance or not more than 0.5 millicurie of tritium per balance part; 
   
  (IV) automobile shift quadrants containing not more than 25 millicuries of 
tritium; 
   
  (V) marine compasses containing not more than 750 millicuries of tritium gas 
and other marine navigational instruments containing not more than 250 
millicuries of tritium gas; 
   
  (VI)  thermostat dials and pointers containing not more than 25 millicuries of 
tritium per thermostat; 
   
  (VII) electron tubes; provided that each tube does not contain more than one 
of the following specified quantities of radioactive material and that the 
levels of radiation from each electron tube containing byproduct material do not 
exceed 1 millirad per hour at 1 centimeter from any surface when measured 
through 7 milligrams per square centimeter of absorber: (For purposes of this 
clause, "electron tubes" include spark gap tubes, power tubes, gas tubes 
including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up 
tubes, radiation detection tubes, and any other completely sealed tube designed 
to control electrical currents): 
 
  (-a-) 150 millicuries of tritium per microwave receiver protector tube or 10 
millicuries of tritium per any other electron tube; 
   
  (-b-) 1 microcurie of cobalt-60; 
   
  (-c-) 5 microcuries of nickel-63; 
   
  (-d-) 30 microcuries of krypton-85; 
   
  (-e-) 5 microcuries of cesium-137; or 
   
  (-f-) 30 microcuries of promethium-147; 
     
  (VIII) ionizing radiation measuring instruments containing, for purposes of 
internal calibration or standardization, a source of radioactive material not 
exceeding the applicable quantity set forth in subsection (q)(2) of this section 
or 0.05 microcurie of americium-241; or 
   
  (IX) spark gap irradiators containing not more than 1 microcurie of cobalt-60 
per spark gap irradiator for use in electrically ignited fuel oil burners having 
a firing rate of at least 3 gallons per hour. 
     
  (ii) Authority to transfer possession or control by the manufacturer, 
processor, or producer of any equipment, device, commodity, or other product 
containing source material or byproduct material whose subsequent possession, 
use, transfer, and disposal by all other persons are exempted from regulatory 
requirements may be obtained only from the United States Nuclear Regulatory 
Commission, Washington, DC 20555.) 
     
  (B) Self-luminous products containing tritium, krypton-85, promethium-147, or 
radium-226. 
 
  (i) Except for persons who manufacture, process, or produce self-luminous 
products containing tritium, krypton-85, or promethium-147, any person is exempt 
from this chapter if that person receives, possesses, uses, transfers, owns, or 
acquires tritium, krypton-85, or promethium-147 in self-luminous products 
manufactured, processed, produced, imported, or transferred in accordance with a 
specific license issued by the commission in accordance with 10 CFR 32.22, which 
authorizes the transfer of the product to persons who are exempt from regulatory 
requirements. The exemption in this subparagraph does not apply to tritium, 
krypton-85, or promethium-147 used in products for frivolous purposes or in toys 
or adornments. 
   
  (ii) Any person is exempt from this chapter if that person receives, 
possesses, uses, transfers, or owns articles acquired prior to January 1, 1986, 
each of which contains less than 0.1 microcurie of radium-226. 
     
  (C) Gas and aerosol detectors containing radioactive material. 
 
  (i) Except for persons who manufacture, process, or produce gas and aerosol 
detectors containing radioactive material, any person is exempt from this 
chapter if that person receives, possesses, uses, transfers, owns, or acquires 
radioactive material in gas and aerosol detectors designed to protect life or 
property from fires and airborne hazards provided that: 
 
  (I) detectors containing radioactive material shall have been manufactured, 
imported, or transferred in accordance with a specific license issued by the 
commission in accordance with 10 CFR 32.26, or an agreement state or a licensing 
state in accordance with sec.289.252(h)(3) of this title; and 
   
  (II) the specific license issued in accordance with  s289.252 of this title 
authorizes the transfer of the detectors to persons who are exempt from 
regulatory requirements. 
     
  (ii) Authority to transfer possession or control by the manufacturer, 
processor, or producer of any equipment, device, commodity, or other product 
containing source material or byproduct material whose subsequent possession, 
use, transfer, and disposal by all other persons are exempted from regulatory 
requirements may be obtained only from the United States Nuclear Regulatory 
Commission, Washington, DC 20555. 
   
  (iii) Gas and aerosol detectors previously manufactured and distributed to 
general licensees in accordance with a specific license issued by an agreement 
state or a licensing state shall be considered exempt in accordance with clause 
(i) of this subparagraph, provided that the devices are labeled in accordance 
with the specific license authorizing distribution of the generally licensed 
device, and provided further that they meet the requirements of sec.289.252 of 
this title. 
     
  (D) Resins containing scandium-46 and designed for sand consolidation in oil 
wells. Any person is exempt from this chapter if that person receives, 
possesses, uses, transfers, or acquires synthetic plastic resins containing 
scandium-46, which are designed for sand consolidation in oil wells. Such resins 
shall have been manufactured or imported in accordance with a specific license 
issued by the commission, or shall have been manufactured in accordance with the 
specifications contained in a specific license issued by the agency or any 
agreement state to the manufacturer of such resins in accordance with licensing 
requirements equivalent to those in 10 CFR 32.16 and 32.17. This exemption does 
not authorize the manufacture of any resins containing scandium-46. 
       
  (e) General licenses. In addition to the requirements of this section, all 
general licenses, unless otherwise specified, are subject to the requirements of 
sec.289.112 of this title (relating to Hearing and Enforcement Procedures), 
sec.289.126 of this title (relating to Fees for Certificates of Registration, 
Radioactive Material(s) Licenses, Emergency Planning and Implementation, and 
Other Regulatory Services), and sec.289.201 of this title (relating to General 
Provisions), 21.1201(a), (b), and (c) of Texas Regulations for Control of 
Radiation (TRCR) as adopted by reference in sec.289. 113 of this title (relating 
to Standards for Protection Against Radiation), and sec.289.252(r) of this 
title. 
   
  (f) General licenses for source material. 
 
  (1) A general license is hereby issued authorizing commercial and industrial 
firms, research, educational and medical institutions, and state and local 
government agencies to use and transfer not more than 15 pounds of source 
material at any one time for research, development, educational, commercial, or 
operational purposes. A person authorized to use or transfer source material, in 
accordance with this general license, may not possess more than a total of 150 
pounds of source material in any one calendar year. 
   
  (2) Persons who receive, possess, use, or transfer source material in 
accordance with the general license in paragraph (1) of this subsection are 
prohibited from administering source material, or the radiation therefrom, 
either externally or internally, to humans except as may be authorized by the 
agency in a specific license. 
   
  (3) A general license is hereby issued to own source material without regard 
to quantity. This general license does not authorize any person to receive, 
possess, use, or transfer source material. 
   
  (4) A general license is hereby issued to mine, transport, and transfer ores 
containing source material without regard to quantity. Notwithstanding the 
provisions of subsection (e) of this section, persons who mine, transport, and 
transfer ores containing source material in accordance with this part shall also 
comply with the provisions of 21.301, 12.1001, and 21.1003 of TRCR Part 21 as 
adopted by reference in sec.289. 113 of this title. 
   
  (5) A general license is hereby issued to receive, acquire, possess, use, or 
transfer depleted uranium contained in products or devices for the purpose of 
providing shielding, including beam shaping and collimation, in accordance with 
the provisions of subparagraphs (A), (B), (C), and (D) of this paragraph. 
 
  (A) The general license in this paragraph applies only to products or devices 
that have been manufactured either in accordance with a specific license issued 
by the agency to the manufacturer of the products or devices in accordance with  
s289.252(h)(12) of this title or in accordance with a specific license issued to 
the manufacturer by another agreement state or the commission that authorizes 
manufacture of the products or devices for distribution to persons generally 
licensed by another agreement state or the commission. 
   
  (B) Persons who receive, acquire, possess, or use depleted uranium in 
accordance with the general license in this paragraph shall notify the agency 
within 30 days after the first receipt of acquisition of such depleted uranium. 
The general licensee shall furnish the following information and such other 
information as may be required by the agency: 
 
  (i) name and address of the general licensee; 
   
  (ii)  a statement that the general licensee has developed and will maintain 
procedures designed to establish physical control over the depleted uranium in 
accordance with this paragraph and designed to prevent transfer of such depleted 
uranium in any form, including metal scrap, to persons not authorized to receive 
the depleted uranium; and 
   
  (iii) name and/or title, address, and telephone number of the individual duly 
authorized to act for and on behalf of the general licensee in supervising the 
procedures identified in clause (ii) of this subparagraph. 
     
  (C) The general licensee possessing or using depleted uranium in accordance 
with the general license in this paragraph shall report in writing to the agency 
any changes in information furnished by the general licensee. The report shall 
be submitted within 30 days after the effective date of such change. 
   
  (D) A person who receives, acquires, possesses, or uses depleted uranium in 
accordance with the general license in this paragraph: 
 
  (i) shall not introduce such depleted uranium, in any form, into a chemical, 
physical, or metallurgical treatment or process, except a treatment or process 
for repair or restoration of any plating or other covering of the depleted 
uranium; 
   
  (ii)  shall not abandon such depleted uranium; 
   
  (iii) shall transfer or dispose of such depleted uranium only in accordance 
with the provisions of sec.289.252(p) of this title. In the case where the 
transferee receives the depleted uranium in accordance with the general license 
in this paragraph or equivalent rule of the commission or an agreement state, 
the transferor shall furnish the transferee a copy of this paragraph; 
   
  (iv)  in each calendar quarter, shall report in writing to the agency the name 
and address of the person receiving the depleted uranium in accordance with such 
transfer; and 
   
  (v) shall not export such depleted uranium except in accordance with a license 
issued by the commission in accordance with 10 CFR Part 110. 
     
  (E) Any person receiving, acquiring, possessing, using, or transferring 
depleted uranium in accordance with the general license in this paragraph is 
exempt from the requirements of sec.289. 113 of this title (relating to 
Standards for Protection Against Radiation) and sec.289.114 of this title with 
respect to the depleted uranium covered by that general license. 
       
  (g) General licenses for radioactive material other than source material. 
 
  (1) Certain devices and equipment. A general license is hereby issued to 
transfer, receive, acquire, possess, and use radioactive material incorporated 
in the devices or equipment specified in subparagraphs (A) and (B) of this 
paragraph that have been manufactured, tested, and labeled by the manufacturer 
in accordance with a specific license issued to the manufacturer by the 
commission authorizing distribution in accordance with this general license or 
its equivalent. A general license is hereby issued to transfer, receive, 
acquire, possess, and use radioactive material incorporated in the devices or 
equipment specified in subparagraph (C) of this paragraph that have been 
manufactured, tested, and labeled by the manufacturer in accordance with a 
specific license issued to the manufacturer by the commission, an agreement 
state, or a licensing state authorizing distribution in accordance with this 
general license or its equivalent. Notwithstanding the provisions of subsection 
(e) of this section, this general license is subject to the provisions of 21.902 
through 21.906 of TRCR Part 21 as adopted by reference in sec.289.113 of this 
title, subsections (d)(1)(B) and (j) of this section, and  s289.252(p) and (t) 
of this title. 
 
  (A)  Static elimination devices designed for use as static eliminators that 
contain, as a sealed source or sources, radioactive material totaling not more 
than 500 microcuries of polonium-210 per device. The general license in 
subparagraph (A) of this paragraph does not authorize the manufacture of devices 
containing radioactive material. 
   
  (B) Ion generating tubes designed for ionization of air that contain, as a 
sealed source or sources, radioactive material totaling not more than 500 
microcuries of polonium-210 per device or a total of not more than 50 
millicuries of tritium per device. 
   
  (C) Other devices designed and manufactured for the purpose of producing light 
or an ionized atmosphere. Any person who receives, possesses, uses, or transfers 
radioactive material in a device in accordance with the general license in this 
subparagraph: 
 
  (i) shall assure that all labels affixed to the device at the time of receipt, 
and bearing a statement that removal of the label is prohibited, are maintained 
thereon, are clearly visible and legible, and shall comply with all instructions 
and precautions provided by such labels; 
   
  (ii) shall assure that the device is tested for leakage of radioactive 
material and proper operation of the "on-off" mechanism and indicator, if any, 
at no longer than six-month intervals or at such other intervals as specified in 
the label; however: 
 
  (I) devices containing only krypton need not be tested for leakage of 
radioactive material; and 
   
  (II) devices containing only tritium or not more than 100 microcuries of other 
beta and/or gamma emitting material or 10 microcuries of alpha emitting material 
and devices held in storage in the original shipping container prior to initial 
installation need not be tested for any purpose; provided that each source is 
tested for leakage within six months prior to being used or transferred; 
     
  (iii) shall assure that the tests required by clause (ii) of this subparagraph 
and other testing, installation, servicing, and removal from location of 
installation involving the radioactive materials, shielding or containment, are 
performed in accordance with the instructions provided by the labels or by a 
person holding a specific license from the agency, the commission, an agreement 
state, or a licensing state to perform such activities; 
   
  (iv) shall maintain records showing compliance with the requirements of 
clauses (ii) and (iii) of this subparagraph. The records shall show the test 
results. The records also shall identify the device tested by manufacturer, 
model number, serial number of the device and serial number of the sealed 
source, show the dates of performance and the names of persons performing 
testing, installation, servicing, and removal from location of installation, of 
the radioactive material, its shielding or containment; 
   
  (v) upon the occurrence of failure or damage to, or any indication of a 
possible failure or damage to, the radioactive material shielding or the "on-
off" mechanism, or upon the detection of 0.005 microcuries or more of removable 
radioactive contamination, shall immediately suspend operation of the device 
until it has been repaired by the manufacturer or other person holding a 
specific license from the agency, the commission, an agreement state, or a 
licensing state to repair such devices, or disposed of by transfer to a person 
authorized by a specific license to receive the radioactive material contained 
in the device and, within 30 days, furnish the agency with a report containing a 
brief description of the event and the remedial action taken; 
   
  (vi)  shall not abandon the device containing radioactive material; 
   
  (vii) except as provided in clause (viii) of this subparagraph, shall transfer 
or dispose of the device containing radioactive material only by transfer to a 
specific licensee of the agency, the commission, an agreement state, or a 
licensing state, whose specific license authorizes the receipt of the device, 
and within 30 days after transfer of a device to a specific licensee, shall 
furnish the agency with a report containing identification of the device by 
manufacturer's name, model number, serial number of the device and serial number 
of the sealed source, and address of the person receiving the device; and 
   
  (viii) shall transfer the device to another general license(e) only: 
 
  (I) where the device remains in use at a particular location. In such case, 
the transferor shall give the transferee a copy of this rule and any safety 
documents identified in the label on the device and, within 30 days of the 
transfer, report to the agency the manufacturer's name and model number of 
device transferred, the serial number of the sealed source transferred, the name 
and address of the transferee, and the name and/or position of an individual who 
may constitute a point of contact between the agency and the transferee; or 
   
  (II) where the device is stored in the original shipping container at its 
intended location of use prior to initial use by the holder of a general license 
acknowledgement. 
         
  (2) Luminous safety devices for aircraft. 
 
  (A) A general license is hereby issued to receive, acquire, possess, and use 
tritium or promethium-147 contained in luminous safety devices for use in 
aircraft, provided: 
 
  (i) each device contains not more than 10 curies of tritium or 300 millicuries 
of promethium-147; and 
   
  (ii) each device has been manufactured, assembled, or imported in accordance 
with a specific license issued by the commission, or each device has been 
manufactured or assembled in accordance with the specifications contained in a 
specific license issued by the agency or any agreement state to the manufacturer 
or assembler of such device in accordance with licensing requirements equivalent 
to those in 10 CFR 32.53. 
     
  (B) The general license in subparagraph (A) of this paragraph does not 
authorize the manufacture, assembly, or repair of luminous safety devices 
containing tritium or promethium-147. 
   
  (C) The general license in subparagraph (A) of this paragraph does not 
authorize the receipt, acquisition, possession, or use of tritium or promethium-
147 contained in instrument dials. 
   
  (D)  Notwithstanding the provisions of subsection (e) of this section, the 
general license in subparagraph (A) of this paragraph is subject to the 
provisions of sec.289.252(t) of this title. 
     
  (3) Ownership of radioactive material. A general license is hereby issued to 
own radioactive material without regard to quantity. Notwithstanding any other 
provisions of this section, this general license does not authorize the 
manufacture, production, transfer, receipt, possession, or use of radioactive 
material. 
   
  (4) Calibration, stabilization, and reference sources. 
 
  (A) A general license is hereby issued to those persons listed below to 
receive, acquire, possess, use, and transfer, in accordance with the provisions 
of subparagraphs (B) and (C) of this paragraph, americium-241, plutonium, and/or 
radium-226, in the form of calibration, stabilization, or reference sources: 
 
  (i) any person who holds a specific license issued by the agency that 
authorizes that person to receive, possess, use, and transfer radioactive 
material; and 
   
  (ii) any person who holds a specific license issued by the Commission that 
authorizes that person to receive, possess, use, and transfer radioactive 
material. 
     
  (B) The general license in subparagraph (A) of this paragraph applies only to 
calibration, stabilization, or reference sources that have been manufactured in 
accordance with the specifications contained in a specific license issued to the 
manufacturer or importer of the sources by the commission in accordance with 10 
CFR 32.57 or 10 CFR 70.39 or that have been manufactured in accordance with the 
authorizations contained in a specific license issued to the manufacturer by the 
agency, any agreement state, or any licensing state, in accordance with 
licensing requirements equivalent to those contained in 10 CFR 32.57 or 10 CFR 
70.39. 
   
  (C) Notwithstanding the provisions of subsection (e) of this section, the 
general license provided in subparagraph (A) of this paragraph is subject to the 
provisions of sec.289.252(t) of this title. In addition, persons who receive, 
acquire, possess, use, or transfer one or more calibration or reference sources 
in accordance with these general licenses: 
 
  (i)  shall not possess at any one time, at any one location of storage or use, 
more than 5 microcuries each of americium-241, plutonium-238, plutonium-239, and 
radium-226 in such sources; 
   
  (ii) shall not receive, possess, use, or transfer such source unless the 
source or the storage container bears a label that includes the following 
statements, or a substantially similar statement that contains the information 
in the following statements: 
 
  (I) option 1, as appropriate: 
             
  <ol>Figure 1: 25 TAC, sec.289.251(g)(4)(C)(ii)(I) 
 
  (II) option 2, as appropriate: 
     
  <ol>Figure 2: 25 TAC, sec.289.251(g)(4)(C)(ii)(II) 
 
  (iii) shall not transfer, abandon, or dispose of such source except by 
transfer to a specific person authorized by a specific license from the agency, 
the commission, an agreement state, or a licensing state to receive the source; 
   
  (iv) shall store such source, except when the source is being used, in a 
closed container designed and constructed to contain americium-241, plutonium-
238, plutonium-239, or radium-226; and 
   
  (v) shall not use such source for any purpose other than the calibration of 
radiation detectors or the standardization of other sources. 
   
  (D) The general license in subparagraph (A) of this paragraph does not 
authorize the manufacture of calibration or reference sources containing 
americium-241, plutonium-238, plutonium-239, or radium-226. 
   
  (5) Ice detection devices. 
 
  (A) A general license is hereby issued to receive, acquire, possess, use, and 
transfer strontium-90 contained in ice detection devices, provided each device 
contains not more than 50 microcuries of strontium-90 and each device has been 
manufactured or imported in accordance with a specific license issued by the 
commission or each device has been manufactured in accordance with the 
authorizations contained in a specific license issued by the agency or any 
agreement state to the manufacturer of such device in accordance with licensing 
requirements equivalent to those in 10 CFR 32.61. 
   
  (B) Persons who receive, acquire, possess, use, or transfer strontium-90 
contained in ice detection devices in accordance with the general license in 
subparagraph (A) of this paragraph: 
 
  (i) shall, upon occurrence of visually observable damage, such as bend or 
crack or discoloration from overheating to the device, discontinue use of the 
device until it has been inspected, tested for leakage, and repaired by a person 
holding a specific license from the commission or an agreement state to 
manufacture or service such devices; or shall dispose of the device by transfer 
to a person authorized by a specific license from the agency, the commission, or 
an agreement state; and 
   
  (ii) shall assure that all labels affixed to the device at the time of 
receipt, and which bear a statement prohibiting removal of the labels, are 
maintained thereon. 
     
  (C)  The general license in subparagraph (A) of this paragraph does not 
authorize the manufacture, assembly, disassembly, or repair of strontium-90 in 
ice detection devices. 
   
  (D) Notwithstanding the provisions of subsection (e) of this section, the 
general license in subparagraph (A) of this paragraph is subject to the 
provisions of sec.289.252(t) of this title. 
     
  (h) Intrastate transportation of radioactive material. 
 
  (1) A general license is hereby issued to any common or contract carrier to 
transport and store radioactive material in the regular course of their carriage 
for another or storage incident thereto, provided the transportation and storage 
is in accordance with the applicable requirements of the regulations, 
appropriate to the mode of transport, of the United States Department of 
Transportation (DOT) insofar as such regulations relate to the loading and 
storage of packages, placarding of the transporting vehicle, and incident 
reporting. Any notification of incidents referred to in those requirements shall 
be filed with the agency and the DOT. Persons who transport and store 
radioactive material in accordance with the general license in this paragraph 
are exempt from the requirements of sec.289.113 of this title and 289. 114 of 
this title (relating to Notices, Instructions, and Reports to Workers; 
Inspections). 
   
  (2) A general license is hereby issued to any private carrier to transport 
radioactive material, provided the transportation is in accordance with the 
applicable requirements of the regulations, appropriate to the mode of 
transport, of the DOT insofar as such regulations relate to the loading and 
storage of packages, placarding of the transporting vehicle, and incident 
reporting. Any notification of incidents referred to in those requirements shall 
be filed with the agency and the DOT. 
     
  (i) General license acknowledgements. In addition to the requirements of this 
section, all general license acknowledgement holders, unless otherwise 
specified, are subject to the requirements of sec.sec.289.112, 289.126, and 
289.201 of this title, and 21.1201(a), (b), and (c), 21.1202(a) and (b) of TRCR 
Part 21 as adopted by reference in sec.289.113 of this title, and  s289.252(r) 
of this title. 
   
  (j) General license acknowledgements for radioactive material other than 
source material. 
 
  (1) Certain measuring, gauging, and controlling devices. 
 
  (A) A general license is hereby issued to commercial and industrial firms and 
to research, educational, and medical institutions, individuals in the conduct 
of their business, and state or local government agencies to receive, acquire, 
possess, use, or transfer in accordance with the provisions of subparagraphs 
(B), (C), (D), and (E) of this paragraph, radioactive material, excluding 
special nuclear material, contained in devices designed and manufactured for the 
purpose of detecting, measuring, gauging or controlling thickness, density, 
level, interface location, radiation, leakage, or qualitative or quantitative 
chemical composition. 
   
  (B) The general license in subparagraph (A) of this paragraph applies only to 
radioactive material contained in devices that have been manufactured and 
labeled in accordance with the authorizations contained in a specific license 
issued by the agency in accordance with sec.289.252(h)(4) of this title or in 
accordance with the authorizations contained in a specific license issued by the 
commission, an agreement state, or a licensing state, which authorizes 
distribution of devices to persons generally licensed by the commission, an 
agreement state, or a licensing state. 
   
  (C) Within 30 days following the receipt, acquisition, or possession of 
radioactive material in a device, except for calibration, stabilization, and 
reference sources, issued in accordance with the general license in subparagraph 
(A) of this paragraph, the general licensee shall file an application for an 
acknowledgement on a form prescribed by the agency. The application shall be 
signed by the individual duly authorized to act for or on behalf of the general 
licensee. 
   
  (D) If the general licensee is a corporation in accordance with the Texas 
Business Corporation Act, TRC Form 12-2 shall be submitted with the application 
to confirm that no tax owed the state in accordance with Tax Code, Chapter 171, 
is delinquent. 
   
  (E) Any person who receives, acquires, possesses, uses, or transfers 
radioactive material in a device in accordance with the general license in 
subparagraph (A) of this paragraph: 
 
  (i) shall assure that all labels affixed to the device at the time of receipt, 
and bearing a statement that removal of the label is prohibited, are maintained 
thereon, are clearly visible and legible, and shall comply with all instructions 
and precautions provided by such labels; 
   
  (ii) shall assure that the device is tested for leakage of radioactive 
material and proper operation of the "on-off" mechanism and indicator, if any, 
at no longer than six-month intervals or at such other intervals as specified in 
the label; however: 
 
  (I) devices containing only krypton need not be tested for leakage of 
radioactive material; and 
   
  (II) devices containing only tritium or not more than 100 microcuries of other 
beta and/or gamma emitting material or 10 microcuries of alpha emitting material 
and devices held in storage in the original shipping container prior to initial 
installation need not be tested for any purpose, provided that each source is 
tested for leakage within six months prior to being used or transferred; 
     
  (iii) shall assure that the tests required by clause (ii) of this subparagraph 
and other testing, installation, servicing, and removal from location of 
installation involving the radioactive materials, shielding or containment, are 
performed in accordance with the instructions provided by the labels or by a 
person holding a specific license from the agency, the commission, an agreement 
state, or a licensing state to perform such activities; 
   
  (iv) shall maintain records showing compliance with the requirements of 
clauses (ii) and (iii) of this subparagraph. The records shall show the test 
results. The records also shall identify the device tested by manufacturer, 
model number, serial number of the device and serial number of the sealed 
source, and show the dates of performance of and the names of persons performing 
testing, installation, servicing, and removal from location of installation, of 
the radioactive material, its shielding or containment; 
   
  (v) shall maintain assignment records for portable or mobile devices for 
inspection by the agency at the location listed in the general license 
acknowledgement. These records shall include: 
 
  (I) a unique identification (e.g. serial number) of each portable or mobile 
device; 
   
  (II) the location(s) where each portable or mobile device is assigned; and 
   
  (III) the date(s) each portable or mobile device is assigned to the 
location(s) in accordance with subclause (II) of this clause. 
     
  (vi) shall maintain utilization records for each portable or mobile device 
used at the location(s) in accordance with clause (v)(II) of this subparagraph 
for inspection by the agency at that location(s); 
   
  (vii) shall have a copy of the appropriate operating and instruction manual at 
each temporary site for agency inspection; 
   
  (viii) upon the occurrence of failure or damage to, or any indication of a 
possible failure or damage to, the radioactive material shielding or the "on-
off" mechanism, or upon the detection of 0.005 microcuries or more of removable 
radioactive contamination, shall immediately suspend operation of the device 
until it has been repaired by the manufacturer or other person holding a 
specific license from the agency, the commission, an agreement state, or a 
licensing state to repair such devices, or disposed of by transfer to a person 
authorized by a specific license to receive the radioactive material contained 
in the device and, within 30 days, furnish the agency with a report containing a 
brief description of the event and the remedial action taken; 
   
  (ix) shall not abandon the device containing radioactive material; 
   
  (x) except as provided in clause (xi) of this subparagraph, shall transfer or 
dispose of the device containing radioactive material only by transfer to a 
person holding a specific license issued by the agency in accordance with 
sec.289.252(h)(4) of this title, the commission, an agreement state, or a 
licensing state, whose specific license authorizes the receipt of the device, or 
as otherwise authorized by the agency in writing, and within 30 days after 
transfer of a device to a specific licensee, shall furnish the agency with a 
report containing identification of the device by manufacturer's name, model 
number, serial number of the device and serial number of the sealed source, and 
address of the person receiving the device; and 
   
  (xi) shall transfer the device to another general license(e) only: 
 
  (I) where the device remains in use at a particular location. In such case, 
the transferor shall give the transferee a copy of this rule and any safety 
documents identified in the label on the device and, within 30 days of the 
transfer, report to the agency the manufacturer's name and model number of 
device transferred, the serial number of the sealed source transferred, the name 
and address of the transferee, and the name and/or position of an individual who 
may constitute a point of contact between the agency and the transferee, or 
   
  (II) where the device is stored in the original shipping container at its 
intended location of use prior to initial use by the holder of a general license 
acknowledgement. 
       
  (F) The general license in subparagraph (A) of this paragraph does not 
authorize the manufacture of devices containing radioactive material. 
     
  (2) General license acknowledgements for use of radioactive material for 
certain in vitro<ol> clinical or laboratory testing. (The New Drug provisions of 
the Federal Food, Drug, and Cosmetic Act also govern the availability and use of 
any specific diagnostic drugs in interstate commerce.) 
 
  (A) A general license is hereby issued to any physician, veterinarian, 
clinical laboratory, or hospital to receive, acquire, possess, transfer, or use, 
for any of the following stated tests, in accordance with the provisions of 
subparagraphs (B), (C), and (D) of this paragraph, the following radioactive 
materials in prepackaged units: 
 
  (i) iodine-125, in units not exceeding 10 microcuries each for use in  in 
vitro<ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals; 
   
  (ii) iodine-131, in units not exceeding 10 microcuries each for use in  in 
vitro<ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals; 
   
  (iii) carbon-14, in units not exceeding 10 microcuries each for use in  in 
vitro<ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals; 
   
  (iv) hydrogen-3 (tritium), in units not exceeding 50 microcuries each for use 
in in vitro <ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals; 
   
  (v) iron-59, in units not exceeding 20 microcuries each for use in  in 
vitro<ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals; 
   
  (vi) selenium-75, in units not to exceed 10 microcuries each for use in  in 
vitro<ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals; 
   
  (vii) mock iodine-125 reference or calibration sources, in units not exceeding 
0.05 microcurie of iodine-129 and 0.005 microcurie of americium-241 each for use 
in  in vitro<ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals; or 
   
  (viii) cobalt-57, in units not exceeding 10 microcuries each for use in  in 
vitro<ol> clinical or laboratory tests not involving internal or external 
administration of radioactive material, or the radiation therefrom, to humans or 
animals. 
     
  (B) No person shall receive, acquire, possess, use, or transfer radioactive 
material in accordance with the general license in subparagraph (A) of this 
paragraph until that person has filed an application for an acknowledgement on a 
form prescribed by the agency and has received from the agency an 
acknowledgement with an assigned number. The applicant shall furnish the 
following information and such other information as may be required by the 
agency: 
 
  (i) name and address of the physician, veterinarian, clinical laboratory, or 
hospital; 
   
  (ii) the location of use; 
   
  (iii) a statement that the physician, veterinarian, clinical laboratory, or 
hospital has appropriate radiation measuring instruments to carry out in 
vitro<ol> clinical or laboratory tests with radioactive material as authorized 
in accordance with the general license in subparagraph (A) of this paragraph, 
and that such tests will be performed only by personnel trained specifically in 
the use of such instruments and in the handling of the radioactive material; 
   
  (iv)  name, title, address, and telephone number of the individual duly 
authorized to act for and on behalf of the general licensee supervising the use 
of radioactive material authorized by subparagraph (A) of this paragraph; and 
   
  (v) if the general licensee is a corporation in accordance with the Texas 
Business Corporation Act, TRC Form 12-2 shall be submitted with the application 
to confirm that no tax owed the state in accordance with Tax Code, Chapter 171, 
is delinquent. 
     
  (C) A person who receives, acquires, possesses, or uses radioactive material 
in accordance with the general license in subparagraph (A) of this paragraph 
shall comply with the following. 
 
  (i) The holder of the general license acknowledgement shall not possess at any 
one time, at any one location of storage or use, a total amount of iodine-125, 
iodine-131, selenium-75, iron-59, and/or cobalt- 57 in excess of 200 
microcuries. 
   
  (ii) The holder of the general license acknowledgement shall store the 
radioactive material in the original shipping container or in a container 
providing equivalent radiation protection and meeting the requirements of 21.904 
of TRCR Part 21 as adopted by reference in sec.289.113 of this title until used. 
   
  (iii) The holder of the general license acknowledgement shall use the 
radioactive material only for the uses authorized by subparagraph (A) of this 
paragraph. 
   
  (iv)  The holder of the general license acknowledgement shall not transfer the 
radioactive material to a person who is not authorized to receive it in 
accordance with a specific license issued by the agency, the commission, any 
agreement state, or any licensing state, nor transfer the radioactive material 
in any manner other than in the unopened, labeled shipping container as received 
from the supplier. 
   
  (v) The holder of the general license acknowledgement shall dispose of the 
mock iodine-125 reference or calibration sources described in subparagraph 
(A)(vii) of this paragraph as required by 21. 1001 of TRCR Part 21 as adopted by 
reference in sec.289.113 of this title. 
     
  (D) The holder of the general license acknowledgement in accordance with the 
general license in subparagraph (A) of this paragraph shall not receive, 
acquire, possess, or use radioactive material: 
 
  (i)  except as prepackaged units that are labeled in accordance with the 
provisions of an applicable specific license issued in accordance with sec.289. 
252(h)(8) of this title or in accordance with the provisions of a specific 
license issued by the commission, any agreement state, or any licensing state 
that authorizes the manufacture and distribution of iodine-125, iodine-131, 
carbon-14, hydrogen-3 (tritium), iron-59, selenium-75, cobalt-57, or mock 
iodine-125 to persons holding general license acknowledgements in accordance 
with this paragraph or its equivalent; and 
   
  (ii) unless one of the statements in the following figures, as appropriate, or 
a substantially similar statement that contains the information called for in 
one of the following statements, appears on a label affixed to each prepackaged 
unit or appears in a leaflet or brochure that accompanies the package: 
 
  (I)  option 1, as appropriate: 
             
  <ol>Figure 3: 25 TAC sec.289.251(j)(2)(D)(ii)(I) 
 
  (II) option 2, as appropriate: 
     
  <ol>Figure 4: 25 TAC sec.289.251(j)(2)(D)(ii)(II) 
 
  (k) Issuance of general license acknowledgements. 
 
  (1) Upon a determination that the information submitted by the applicant meets 
the requirements of the Texas Radiation Control Act (Act) and the rules of the 
agency, the agency will issue a general license acknowledgement recognizing the 
proposed activity in such form and containing such conditions and limitations as 
it deems appropriate or necessary. 
   
  (2) The agency may incorporate in any general license acknowledgement at the 
time of issuance, or thereafter by amendment, additional requirements and 
conditions governing the receipt, possession, use, transfer, and disposal of 
radioactive material subject to this section as it deems appropriate or 
necessary in order to: 
 
  (A) minimize danger to public health and safety or the environment; 
   
  (B) require such reports and the keeping of such records, and to provide for 
such inspections of activities in accordance with the license as may be 
appropriate or necessary; and 
   
  (C) prevent loss or theft of material subject to this section. 
       
  (l) Specific terms and conditions. 
 
  (1) Each general license acknowledgement issued in accordance with this 
section shall be subject to the applicable provisions of the Act, now or 
hereafter in effect, and to the applicable rules and orders of the agency. 
   
  (2) Each person holding a general license acknowledgement issued by the agency 
in accordance with this section shall confine use and possession of the material 
licensed to the locations and purpose authorized in the general license 
acknowledgement. 
   
  (3) Each holder of a general license acknowledgement shall notify the agency, 
in writing, immediately following the filing of a voluntary or involuntary 
petition for bankruptcy in accordance with any Chapters of Title 11 (Bankruptcy) 
of the United States Code (11 U.S.C.) by or against: 
 
  (A)  a holder of a general license acknowledgement; 
   
  (B) an entity, (as that term is defined in 11 U.S.C. 101(14)) controlling the 
holder of a general license acknowledgement or listing the general license 
acknowledgement or the holder of the general license acknowledgement as property 
of the estate; or 
   
  (C) an affiliate, (as that term is defined in 11 U.S.C. 101(2)) of the holder 
of a general license acknowledgement. 
     
  (4) The notification in paragraph (3) of this subsection must indicate: 
 
  (A) the bankruptcy court in which the petition for bankruptcy was filed; and 
   
  (B) the date of the filing of the petition. 
     
  (5) A copy of the "Petition for Bankruptcy" shall be submitted to the agency 
with the written notification. 
     
  (m) Expiration and termination of general license acknowledgements. 
 
  (1) Each general license acknowledgement expires at the end of the day, in the 
month and year stated in the general license acknowledgement. 
   
  (2)  Each holder of a general license acknowledgement shall notify the agency 
immediately, in writing, and request termination of the general license 
acknowledgement when the holder of the general license acknowledgement decides 
to terminate all activities involving materials authorized in accordance with 
the general license acknowledgement. 
   
  (3) No less than 30 days before the expiration date specified in a general 
license acknowledgement, the holder of the general license acknowledgement shall 
submit an application for general license acknowledgement renewal in accordance 
with subsection (n) of this section. 
   
  (4) Each holder of a general license acknowledgement shall, no less than 30 
days before vacating or relinquishing possession of control of premises that 
have been used as a place of storage or use of radioactive material as a result 
of general licensed activities, notify the agency in writing of intent to 
vacate. 
   
  (5) If a holder of a general license acknowledgement does not submit an 
application for renewal in accordance with subsection (n) of this section, such 
person shall on or before the expiration date specified in the general license 
acknowledgement: 
 
  (A) terminate use of radioactive material; and 
   
  (B) dispose of radioactive material in accordance with this section and/or 
21.1001 of TRCR Part 21 as adopted by reference in sec.289.113 of this title. 
       
  (n) Renewal of general license acknowledgements. 
 
  (1) Applications for renewal of general license acknowledgements shall be 
filed in accordance with subsection (j)(1)(C) or (2) (B) of this section, as 
applicable. 
   
  (2) If a holder of a general license acknowledgement has properly filed a 
renewal application for the same activities at least 30 days before the 
expiration of the existing general license acknowledgement in accordance with 
this section, such existing general license acknowledgement shall not expire 
until the application has been finally determined by the agency. 
     
  (o) Amendment of general license acknowledgements. 
 
  (1) The holder of the general license acknowledgement in accordance with the 
general license in subsections (j)(1)(A) and (2)(A) of this section shall report 
in writing to the agency any changes in information furnished by the holder of 
the general license acknowledgement. The report shall be submitted within 30 
days after the effective date of such change. 
   
  (2) Applications for amendments of a general license acknowledgement shall be 
filed in accordance with subsection (j)(1)(C) or (2) (B) of this section, as 
applicable, and shall specify the respects in which the holder of a general 
license acknowledgement desires a general license acknowledgement to be amended 
and the grounds for such amendment. 
     
  (p)  Modification and revocation of general licenses and general license 
acknowledgements. 
 
  (1) The terms and conditions of all general license acknowledgements shall be 
subject to amendment, revision, or modification. 
   
  (2) A general license acknowledgement may be suspended or revoked by reason of 
amendments to the Act, or by reason of rules and orders issued by the agency. 
The agency may incorporate in the general license acknowledgement at the time of 
issuance or thereafter by appropriate rule, regulation, or order, such 
additional requirements and conditions with respect to the general license 
acknowledgement holder's possession, use, and transfer of radioactive material 
as it deems appropriate or necessary. 
   
  (3) Any general license acknowledgement may be revoked, suspended, or 
modified, in whole or in part: 
 
  (A) for any material false statement in the application or any statement of 
fact required in accordance with provisions of the Act; 
   
  (B)  because of the Act; 
   
  (C) because of conditions revealed by such application or statement of fact or 
any report, record, or inspection, or other means that would warrant the agency 
to refuse to grant a general license acknowledgement on an original application; 
   
  (D) for violation of, or failure to observe, any of the terms and conditions 
of the Act or of the general license acknowledgement; or 
   
  (E) of any rule or order of the agency. 
     
  (4) Except in cases of willfulness or those in which the public health, 
interest, or safety requires otherwise, no general license acknowledgement shall 
be modified, suspended, or revoked unless, prior to the institution of 
proceedings therefore, facts or conduct that may warrant such action shall have 
been called to the attention of the holder of the general license 
acknowledgement in accordance with sec.289.112 of this title and the holder of 
the general license acknowledgement has an opportunity to demonstrate or achieve 
compliance with all lawful requirements. 
     
  (q)  Appendices. 
 
  (1) Exempt concentrations. 
       
  <ol>Figure 5: 25 TAC sec.289.251(q)(1) 
 
  (2) Exempt quantities. 
     
  <ol>Figure 6: 25 TAC sec.289.251(q)(2) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 17, 1995. 
 TRD-9504689 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 458-7236 
         
                 
  TITLE 28. INSURANCE 
 Part II. Texas Workers' Compensation Commission 
  Chapter 166. Accident Prevention Services 
  
  The Texas Workers' Compensation Commission (TWCC) proposes new sec.sec.166. 1-
166.9; and the simultaneous repeal of existing sec.sec.166.2, 166.100-166.109, 
and 166.111-166.113, concerning accident prevention services. The new rules and 
repeal of existing rules are proposed to add and revise provisions regarding 
accident prevention services required of insurance companies, and to add 
reasonable service requirements to assist policyholders with injury reduction, 
as well as to implement the commission's ongoing goal of rules consolidation and 
simplification. The vast majority of the changes proposed to these rules meet 
the latter goal. 
 The original 14 rules have been refined and consolidated into nine, with a more 
conventional numbering system (sec.sec.166.1-166.9). Definitions were added for 
the terms "on-site" and "other appropriate" services, to distinguish between the 
two categories of service. Service requirements (the major area of change) were 
consolidated with respect to premium categories and loss ratios and expanded to 
include service based on a fatality and the A.M. Best Hazard Index. Specific 
requirements were established for "on site" visits, removing some options for 
"other appropriate" service. Provisions relating to the commission's enhanced 
compliance initiative (already in place) were added, including the questionnaire 
and expanded inspections when non-compliance areas are detected. 
 To assist in review of this rule proposal, the commission has attempted to 
state in this preamble which rules are being repealed, consolidated, revised, or 
proposed as new rules. The commission has also attempted to summarize what it 
believes are the principle substantive changes to the various rules. The notion 
of what constitutes a substantive revision is an individual one, however, so the 
commission urges each person interested in these rule changes to review the 
exact language of each rule proposal to determine what all of the changes are. 
 The proposed consolidations and simplifications are discussed as follows. 
 Current sec.166.2 (proposed for repeal) has become proposed new sec.166. 1-the 
existing definitions were revised and definitions were added. 
 Current sec.166.100 (proposed for repeal) was consolidated with current 
sec.166.112 (proposed for repeal) to become proposed new sec.166.4-text revised. 
 Current sec.166.101 (proposed for repeal) has become proposed new sec.166. 2-
text revised. 
 Current sec.166.102 (proposed for repeal) has been consolidated with sec.166. 
103 (proposed for repeal) to become proposed new sec.166.5-text revised. 
 Current sec.166.103 (proposed for repeal) was consolidated with current 
sec.166.102 (proposed for repeal) to become proposed new sec.166.5-text revised. 
 Current sec.166.104 (proposed for repeal) was consolidated with current 
sec.166.106 (proposed for repeal) to become proposed new sec.166.6-text revised. 
 Current sec.166.105 (proposed for repeal) was consolidated with current 
sec.166.107 (proposed for repeal) and sec.166.108 (proposed for repeal) to 
become proposed new sec.166.7-text revised. 
 Current sec.166.106 (proposed for repeal) was consolidated with current 
sec.166.104 (proposed for repeal) to become proposed new sec.166.7-text revised. 
 Current sec.166.107 (proposed for repeal) was consolidated with current 
sec.166.105 (proposed for repeal) and sec.166.108 (proposed for repeal) to 
become proposed new sec.166.7-text revised. 
 Current sec.166.108 (proposed for repeal) was consolidated with current 
sec.166.105 (proposed for repeal) and sec.166.107 (proposed for repeal) to 
become proposed new sec.166.7-text revised. 
 Current sec.166.109 (proposed for repeal) has become proposed new sec.166. 8-
text revised. 
 Current sec.166.111 (proposed for repeal) has become proposed new sec.166. 9-
text revised. 
 Current sec.166.112 (proposed for repeal) was consolidated with current 
sec.166.100 (proposed for repeal) to become proposed new sec.166.4-text revised. 
 Current sec.166.113 (proposed for repeal) has become proposed new sec.166. 3-
text revised. 
 The proposed new rules include the following new provisions. 
 In new sec.166.1, the number of defined terms has increased to provide for 
clarity and consistency throughout the Chapter 166 rules. 
 New sec.166.2: Subsection (a)(1) requires an insurance company to submit their 
accident prevention services program for evaluation and approval by the division 
when submitting a request to enter the workers' compensation insurance market. 
Subparagraph (A) provides the insurance company with a resolution mechanism 
should they disagree with the evaluation of the division. Subparagraphs (A)-(C) 
provide administrative procedures for the division regarding approval of 
accident prevention services plans. 
 In subsection (a)(2), the time frame within which the insurance company's 
services will be initially inspected by the division has been changed, so that 
an insurance company new to the workers' compensation insurance market will have 
written sufficient policies to allow for a comprehensive inspection of its 
accident prevention services. 
 Subsection (a)(3) provides direction to insurance companies that are reinsurers 
or excess insurers. 
 Subsection (b) was expanded to include those companies who were previously 
approved and writing workers' compensation insurance, exited the market for a 
period of time, and are now re-entering the market. 
 New sec.166.3 provides the insurance company with clearer direction on when and 
how to complete the annual report. 
 New sec.166.4: This proposed new rule combines information pertaining to 
"required accident prevention services" under one rule. 
 Subsection (a) distinguishes insurance companies writing workers' compensation 
insurance from those desiring to write. The procedures for those desiring to 
write are listed under new sec.166.2. 
 Subsection (c) establishes a 12-month time frame in which services must be 
provided. Previously, the use of the word "annual" in current sec.166.100(c)(1) 
and (c)(2)(B)-(E) (proposed for repeal) created confusion as to whether it meant 
calendar year, policy year or a 12-month period. 
 Subsection (c)(2) was changed to emphasize required service, rather than the 
personnel performing the service. 
 Subsection (c)(2)(A) provides that requested services, which might be provided 
to policyholders without a visit to the work site, be provided within 15 days. 
The required timeframe that requests for on-site visits be provided within 60 
days was changed to 30 days. 
 Subsection (c)(2)(B)(i) adds an A.M. Best Hazard Index of 7 or higher as a 
criterion for an on site visit or other appropriate services. 
 Subsection (c)(2)(C) requires an on-site visit at least every 12 months to each 
policyholder with both an A.M. Best Hazard Index of 7 or above and a premium of 
$25,000 or more; or a premium of less than $25,000 and a loss ratio greater than 
100%. The loss ratio was reduced from 150% to 100% for all policyholders with a 
premium below $5,000. 
 Subsection (c)(2)(D) establishes a requirement that a safety professional visit 
a policyholder site that has experienced a fatality. 
 Subsection (c)(2)(E) clarifies that the Notification to Policyholders of 
Accident Prevention Services, which is required by proposed new sec.166.4(c)(7) 
to be included on the front of each policy delivered or issued for delivery in 
Texas, does not fulfill the requirement for 12-month solicitation established in 
proposed new sec.166.4(c)(2)(E). 
 Subsection (c)(4) consolidates and clarifies all requirements for written 
procedures into one paragraph. 
 Subsection (c)(6) requires written notification of actual claims experience 
every 12 months. The word "periodic" in current sec.166.100(c)(7) (proposed for 
repeal) offered no definitive time frame in which claims experience and accident 
analysis must be provided to policyholders. 
 Subsection (c)(7) contains the "Notification to Policyholders of Accident 
Prevention Services" originally in current sec.166.112 (proposed for repeal). 
 Subsection (c)(8) provides a new requirement for a written notification to 
every policyholder which specifies the free accident prevention services 
available to them. 
 New sec.166.5: Subsection (a) eliminates reference to a time frame associated 
with a certificate of inspection. Paragraph (a)(1) and proposed new sec.166.7 
provide information on issuance of certificates. 
 Subsection (a)(3) identifies mailing as the method of notification for upcoming 
inspection. The change clarifies the method of notification. 
 Subsection (b)(2) allows insurance companies with no office in Texas to request 
that TWCC inspectors travel to the insurance company home office at the 
insurance company's expense for the inspection. Presently insurance companies 
with no office in Texas are required to travel to TWCC headquarters. 
 New sec.166.6: Subsection (a)(1)(A) identifies material required by TWCC for 
use in performing the inspection of the insurance company. This material is used 
to identify those accounts to be reviewed by TWCC and was previously requested 
by TWCC letter. Incorporating the requirement for specific information in the 
rules will facilitate the flow of necessary material. 
 Subsection (a)(3) incorporates a questionnaire required for the inspection. 
This questionnaire has been used since August, 1993. 
 Subsection (b)(1) clarifies the "as of" date for the information necessary for 
the inspection. 
 Subsection (b)(1)(D) includes information regarding fatalities as necessary for 
the inspection. The information is necessary to properly assess the insurance 
company's performance following the fatality. 
 Subsection (b)(1)(G) allows procurement of additional information if an 
expanded inspection (such as described in proposed new sec.166.7(a)(3)) is 
necessary. 
 Subsection (b)(3) identifies a procedure to be followed by the division 
inspector which allows procurement of authenticated documents. 
 New sec.166.7: Subsection (a)(1)(A) clarifies the "as of" date for TWCC's 
inspection of insurance company services. 
 Subsection (a)(3) allows for an extended inspection should inspectors determine 
possible non-compliance. 
 Subsection (b)(3) eliminates quarterly progress reports and requires insurance 
companies to respond to all discrepancies noted and not just those so serious as 
to result in an unsatisfactory rating. Inspectors establish reporting dates 
based upon the gravity and complexity of the discrepancies identified. 
 Subsection (b)(4) allows insurance companies a means to appeal ratings. 
 New sec.166.8: No significant changes. 
 New sec.166.9: The title of the rule was changed to more closely reflect the 
contents of the rule. 
 Subsection (b) establishes that only accredited educational institutions may 
apply for approval to conduct occupational health and safety education programs. 
 In subsection (d), the five-year approval period was changed to three years. 
This provides for more frequent oversight to ensure programs are meeting 
commission requirements. 
 Subsection (e) specifies that organizations approved to conduct occupational 
health and safety education programs will submit an annual report for review by 
the commission. This change allows the division to track active education 
programs. 
 Subsection (f) adds language to allow on-site monitoring of approved 
occupational health and safety education programs to insure standardization and 
compliance with TWCC direction. 
 Janet Chamness, Chief of Budget, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government, over and above current costs, for proposed new 
sec.sec.166.1, 166.3, 166.4-166.6, and 166.8 as a result of enforcing or 
administering the rules. The costs cannot be quantified at this time because new 
procedures are proposed and the commission cannot estimate the number of 
companies which may take advantage of them. The following listed rules could 
result in cost increases to the state, over and above those currently in effect, 
as a result of enforcing and administering the rules. 
 Proposed new sec.166.2: The potential exists for an increase in costs to the 
commission should the insurance company contest the evaluation of its accident 
prevention plan and desire a hearing. The cost would be associated with 
administering the hearing. 
 Proposed new sec.166.7: This rule allows for an extended inspection should the 
insurance company's performance in accident prevention services be suspect 
during the initial inspection. The additional time required of TWCC inspectors 
in analyzing this data will result in added costs. Additionally, the insurance 
company could contest the findings of the commission through a hearing process. 
Both events will result in an increase in administrative and labor costs. 
 Proposed new sec.166.9: Under this rule, TWCC inspectors will inspect the 
accident prevention services training programs to insure standardization and 
compliance with TWCC direction. This process will result in additional 
administrative and labor costs for the commission. 
 There are potential economic costs, other than those currently in effect, to 
insurance companies who are required to comply with the proposal. Again, the 
commission cannot quantify the costs because the commission cannot estimate the 
number of companies which may be impacted by them. The costs are associated with 
the implementation of the following rules. 
 Proposed new sec.166.2: The potential exists for an increase in costs to an 
insurance company should it contest the evaluation of its accident prevention 
services program. The additional cost would be associated with participating in 
the hearing. 
 Proposed new sec.166.4: This rule contains additional circumstances under which 
insurance companies are required to provide service to policyholders. Since the 
criteria have increased, insurance companies may, dependent upon previous levels 
of service provided, incur an increase in up-front costs due to travel, labor, 
and administrative requirements. However, the additional service to 
policyholders will likely result in a decrease in potential injuries and a 
resultant decrease in claims paid. Premium rates could also decrease. 
 Proposed new sec.166.5: Inspections of insurance companies are normally 
performed at the company home office in Texas. Should no office exist in Texas, 
this rule allows the insurance company to request TWCC inspectors travel to 
their location out of state. The insurance company will be required to bear all 
cost for travel, lodging, and per diem should this occur. Since insurance 
company representatives would otherwise have to travel to Austin with all 
required documentation, the insurance company may realize a reduction in cost 
for the inspection. 
 Proposed new sec.166.6: Should the performance of the insurance company in 
administering its accident prevention services be suspect, the inspectors may 
request additional information on which to base final ratings. The additional 
time and administrative support required of the insurance company in complying 
with the TWCC request may result in added costs. 
 Proposed new sec.166.7: This rule allows for an extended inspection should the 
insurance company's performance in accident prevention services be suspect 
during the initial inspection. This extended inspection will result in 
additional costs to the insurance company due to administrative and labor costs. 
Additionally, the insurance company could contest the findings of the commission 
through a hearing process. This would further increase their costs. 
 There is no difference in the cost of compliance with the proposed rules for 
small businesses as compared with large businesses. 
 Ms. Chamness also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections is a potential reduction in workplace accidents and worker 
injuries. The criteria for required visits to the insured by the insurance 
company loss control personnel are more inclusive and, consequently, the number 
of visits/surveys of policyholder operations will increase. This increase in 
visits to policyholders will likely result in a decrease in the potential for 
injuries/accidents. This decrease should promote reduction in claim payout, 
savings to the insurance company and, ultimately, the policyholder, increased 
production for the employer, and maintenance of a healthy, safe workplace for 
Texas workers. The expansion of the rule regarding training programs will ensure 
the Accident Prevention Services branch is aware of and includes these companies 
in the inspection cycle. 
 Comments on the proposal may be submitted for at least 30 days after the date 
of publication to Elaine Crease, Office of the General Counsel, Mail Stop 4D, 
Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, 
Austin, Texas 78704-7491. 
   
  28 TAC sec.sec.166.1-166.9 
 
  The new rules are proposed under the Texas Labor Code,  s402.061, which 
authorizes the commission to adopt rules necessary to administer the Act; 
sec.401.011, General Definitions; and sec.sec.411.061-411.068, which require an 
insurance company to provide accident prevention services and notice of those 
services, set certain specifications for the program, require an insurance 
company to annually submit information to the commission; and require bi-annual 
inspections by the division. 
 The new rules affect the Texas Labor Code sec.sec.402.061, 401.011, and 411. 
061-411.068, and existing rules 28 TAC sec. s166.2 and 166.100-166.113. 
 
 
  sec.166.1. Definitions of Terms. The following words and terms, when used in 
this chapter, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
   Accident prevention facilities-All personnel, procedures, equipment, 
materials, documents, buildings and programs necessary to provide accident 
prevention services to the policyholder. 
   
   Division-The Workers' Health and Safety Division of the Texas Workers' 
Compensation Commission. 
   
   Field safety representative-An individual providing accident prevention 
services to workers' compensation policyholders. Qualification as a field safety 
representative under this chapter does not qualify the individual as an approved 
professional source, as described in sec.164.9 of this title (relating to 
Approval of Professional Sources for Safety Consultations). 
   
   Nature of the policyholders' operations-Type of business or industry with 
specific reference to potential for accident, injury or disease determined by 
the standard hazards associated with the most hazardous industrial operations in 
which the policyholder is engaged. 
   
   On-site visit-A survey or consultation, or training conducted on the premises 
of the policyholder. 
   
   Other appropriate services-Services provided in lieu of on-site visits which 
require direct contact between the insurance company and the policyholder and 
are specifically tailored to the nature and loss history of each policyholders' 
operations. 
 
   
  sec.166.2. Initial Licensing and Resumption of Writing of Workers' 
Compensation Insurance. 
 
  (a) Initial Licensing. 
 
  (1) An insurance company seeking to obtain its initial license to write 
workers' compensation insurance in Texas shall file with the division a plan 
describing the accident prevention services that the company will provide. The 
plan shall describe how the company will meet all requirements listed in 
sec.166.4(c) of this title (relating to Required Accident Prevention Services). 
 
  (A)  The division shall evaluate the plan's compliance with the requirements 
listed in sec.166.4(c) of this title (relating to Required Accident Prevention 
Services) and resolve any discrepancies with the insurance company. If the 
insurance company disagrees with the evaluation rendered by the division, the 
insurance company may request a hearing as provided by Chapter 145 of this title 
(relating to Dispute Resolution-Hearings Under the Administrative Procedure 
Act). 
   
  (B) Upon completion of the evaluation and successful resolution of any 
disputes, the division shall issue a letter of approval to the insurance company 
and the Texas Department of Insurance. 
   
  (C) The insurance company receiving the approval of the plan shall notify the 
division, in writing, within 30 days of the start date of the first written 
policy having exposures in Texas. 
     
  (2) The insurance company's accident prevention services will be inspected 
initially by the division no sooner than six months nor longer than one year 
after the effective date of the first policy having Texas exposures. 
   
  (3) An insurance company seeking license to act exclusively as a workers' 
compensation excess insurer or reinsurer is not required to submit an accident 
prevention services plan, but must provide to the division a legally binding 
document confirming it will not act as a primary insurer. Should the insurance 
company subsequently elect to become a primary insurer, it will submit an 
accident prevention services plan as described in subsection (a) of this section 
for evaluation and approval prior to writing insurance as a primary provider. 
     
  (b) Notification to the Commission when Resuming Writing of Workers' 
Compensation Insurance. Any insurance company, which has not written workers' 
compensation insurance with exposures in Texas for 12 months or more, shall 
notify the division, in writing, within 60 days of writing its first such 
policy. 
 
     
  sec.166.3. Annual Report to the Commission. 
 
  (a) Each insurance company writing workers' compensation insurance in Texas 
must make an annual report on its accident prevention services to the 
commission. 
   
  (b) The report shall be filed no later than March 1 of each year. 
   
  (c) The report shall be made on the form and in the manner prescribed by the 
commission and contain the information required by the Texas Labor Code, 
sec.411.065. 
   
  (d) On December 1 of each year, the division shall issue a list of additional 
information which it shall require in the annual report under the Texas Labor 
Code, sec.411.065. The additional information shall not be required until 12 
months have expired. 
   
  (e) The report shall not include the expenses or the costs of underwriting 
visits to a policyholder's premises unless accident prevention services are 
provided during the visit. In that case, the proportionate costs of the accident 
prevention services may be included in the report. 
 
     
  sec.166.4. Required Accident Prevention Services. 
 
  (a) An insurance company writing workers' compensation insurance in Texas 
shall maintain or provide accident prevention facilities and services and shall 
have them inspected by the division. 
   
  (b) An insurance company shall provide accident prevention services to 
policyholders at no charge. 
   
  (c)  An accident prevention service program as required by the Texas Labor 
Code, sec.411.061, shall provide, at a minimum: 
 
  (1) an evaluation of the policyholder's need for accident prevention services 
every 12 months based on the following criteria: 
 
  (A) hazard, including classification by hazard group, probability of serious 
or catastrophic type accidents, probability of frequent accidents, probability 
of occupational illness or disease, and exposure indices; 
   
  (B) experience, including loss ratio, experience modifiers, frequency rate, 
and severity rate; and 
   
  (C) size, including total number of employees, number of locations per 
policyholder business and number of employees per location; 
     
  (2) service in accordance with the following requirements: 
 
  (A) provide services requested by policyholders within 15 days of the date 
services are first requested, if appropriate services can be provided from the 
insurance company offices and within 30 days of the date of first request, if 
the services require an on-site visit; 
   
  (B) an on-site visit, or provision of other appropriate services, on a 
periodic basis and at least every 12 months to each policyholder with: 
 
  (i) an A.M. Best Hazard Index of 7 or above; or 
   
  (ii) a premium of $25,000 or more; 
     
  (C) an on-site visit on a periodic basis and at least every 12 months to each 
policyholder with: 
 
  (i) both an A.M. Best Hazard Index of 7 or above and a premium of $25,000 or 
more; or 
   
  (ii) a premium of less than $25, 000 and a loss ratio greater than 100%; 
     
  (D) an on-site visit within three working days of notification and/or 
knowledge of a fatality for any policyholder who has experienced a fatality; and 
   
  (E) solicitation of comments from all policyholders not serviced under 
subparagraphs (B) or (C) of this paragraph, by phone or mail at least every 12 
months to determine the need for safety information or assistance. This 
requirement is in addition to the requirements in paragraph (7) of this 
subsection; 
     
  (3) a sufficient number of qualified personnel performing the duties of field 
safety representative to provide service at the frequency required in paragraph 
(2) of this subsection; 
   
  (4) written procedures for: 
 
  (A)  determining the appropriate accident prevention services to be provided 
to a policyholder; 
   
  (B) the time frame and manner in which the services identified under paragraph 
(2) of this subsection will be delivered to a policyholder; 
   
  (C) providing safety training to policyholders and providing promotional and 
course materials that are available for each safety training program; and 
   
  (D) providing written reports to the insurance company and the policyholders 
which identify hazardous conditions and work practices on the policyholders' 
premises; 
     
  (5) written records, reports, and evidence of all accident prevention services 
provided to each policyholder; 
   
  (6) written notification at least every 12 months to policyholders of actual 
claims experience and, if the policyholder meets the criteria of paragraph 
(2)(B), (C) or (D) of this subsection, a loss analysis; 
   
  (7) evidence that each workers' compensation insurance policy delivered or 
issued for delivery in Texas shall contain the following notice on the front of 
the policy in at least ten-point bold type: "(Name of company) is required by 
law to provide its policyholders with certain accident prevention services as 
required by the Texas Labor Code, sec.411.066, at no additional cost. If you 
would like more information call (insurance company's loss control division or 
provider's telephone number). If you have any questions about this requirement, 
call the Division of Workers' Health and Safety, Texas Workers' Compensation 
Commission at 1-800-452-9595."; 
   
  (8)  written notification to each policyholder, at least every 12 months, 
specifically explaining that accident prevention services including surveys, 
recommendations, training programs, consultations, analyses of accident causes, 
industrial hygiene and industrial health services are available free of charge. 
Such notification shall be provided directly to the policyholder; and 
   
  (9) annual reports as required by sec.166.3 of this title (relating to Annual 
Report to the Commission). 
 
       
  sec.166.5. Required Periodic Inspections of Accident Prevention Services and 
Site of Inspection. 
 
  (a) Required Periodic Inspections. 
 
  (1) The division shall inspect the accident prevention services of each 
insurance company at least every two years and may inspect more frequently even 
though the insurance company has a valid certificate of inspection. 
   
  (2) Affiliated companies of an insurer may be inspected together if the same 
facilities, programs, and personnel are used by each of the companies. 
   
  (3) At least 60 days prior to an inspection, the division shall mail the 
inspection notification to the insurance company. The notice shall specify the 
date on which the inspection will occur. 
     
  (b)  Site of Inspection. 
 
  (1) The inspection of the insurance company's accident prevention services 
shall take place at: 
 
  (A) the insurance company office in Texas, as designated and agreed to by the 
division and the insurance company; or 
   
  (B) the commission's Austin headquarters or other agreed location if the 
insurance company has no office in Texas. 
     
  (2) An insurance company may make a written request for its accident 
prevention services to be inspected at a location outside the state of Texas on 
a reimbursement basis. If the request is approved by the division, the insurance 
company shall reimburse the commission pursuant to the Act and the commission 
rules and policies for the costs of accommodating the request to perform the 
inspection at the desired location. Reimbursement costs shall include, but not 
be limited to, transportation, lodging, meals and personnel travel time while en 
route. No fees shall be charged to the insurance company for the actual 
inspection of the company's accident prevention services. 
 
       
  sec.166.6. Exchange of Information for the Inspection. 
 
  (a)  Pre-Inspection Exchange of Information. 
 
  (1) At least 45 days prior to the date set for inspection, the insurance 
company shall provide the division with: 
 
  (A) a list of policyholder accounts by policyholder name, policy number, 
effective date or expiration date of policy, written premium before any 
adjustments, including deductibles or discounts, A.M. Best Hazard Index and 
Texas locations. The list shall be taken from the insurance company's most 
current records, separated by affiliated companies, arranged in descending order 
by premium, and include all policies which had been in effect or have been 
written since the policyholder list was prepared for the last inspection of the 
insurance company's accident prevention services by the division; and 
   
  (B) a list of the name, location, status (whether employee or contractor), and 
proof of qualifications as set forth in the Texas Labor Code sec.411.062 and 
sec.166.8 of this title (relating to Qualification of Field Safety 
Representatives) of each person acting as a field safety representative for the 
insurance company. 
     
  (2) Within ten days of receipt of the list, the division shall select the 
specific accounts to be evaluated and notify the insurance company of those 
accounts. The list of policyholder accounts will be kept confidential to the 
extent permitted by law. The division shall return the list to the insurance 
company at the time of the inspection. 
   
  (3) At least 35 days prior to the date set for inspection, the insurance 
company shall provide the division with the completed Accident Prevention 
Services Questionnaire provided by the commission. The questionnaire shall have 
been completed and signed by an individual authorized by the insurance company 
to be responsible and whose signature has been notarized on the questionnaire 
form. 
   
  (4) For each account selected by the division, the insurance company shall 
prepare an accident prevention services worksheet on the form prescribed by the 
commission. 
   
  (5) At least five days prior to the date of the inspection, the insurance 
company shall file the completed worksheets with the division. 
     
  (b) Information to be Made Available at the Inspection. 
 
  (1) The insurance company shall make available the following information, as 
of the date of the last inspection or start of writing worker's compensation 
coverage, whichever is later, at the time and site of the inspection: 
 
  (A) the account files and loss control files corresponding to the requested 
worksheets; 
   
  (B) evidence that the policyholder has been provided the notice required by 
this chapter and any other material used to notify policyholders of the accident 
prevention services; 
   
  (C) a copy of all accident prevention services procedures; 
   
  (D) a copy of loss runs for each selected account that will include: 
 
  (i) number of injuries; 
   
  (ii) accident or illness types; 
   
  (iii) body parts involved; 
   
  (iv) injury causes; and 
   
  (v) fatalities; 
     
  (E) a record of any training received by the field safety representatives 
since the previous inspection; 
   
  (F) a sample of policyholder training materials, audio-visual aids, and 
training programs; and 
   
  (G) other information requested by the inspector which is necessary to 
complete the inspection. 
     
  (2) The insurance company shall also provide the information required by 
subsection (a) of this section which is not already in the possession of the 
division. 
   
  (3) Upon request from the division inspector, the insurance company shall 
provide copies of any documents requested, accompanied by a notarized Business 
Record Affidavit. The Business Record Affidavit form shall be provided by the 
inspector and shall be completed and signed by an individual authorized by the 
insurance company to be responsible. 
 
       
  sec.166.7. Inspection of Accident Prevention Services: Conducting and 
Reporting. 
 
  (a) Conducting the Inspection. 
 
  (1) The division inspector and the insurance company's representative shall 
review: 
 
  (A)  the insurance company's accident prevention services since the last 
inspection; 
   
  (B) any changes that have been made in response to recommendations made during 
previous inspections; 
   
  (C) any complaints from policyholders relating to accident prevention services 
received since the last inspection; and 
   
  (D) if appropriate, services rendered under the extra-hazardous employer 
program. 
     
  (2) Based on the information obtained under this subsection and a review of 
the selected files and other accident prevention related information, the 
division inspector shall make preliminary conclusions on the adequacy of the 
accident prevention services of the insurance company and brief the insurance 
company's representative about these conclusions. 
   
  (3) An insurance company determined by inspectors, in the course of the 
inspection, to be possibly out of compliance with the Act shall receive an 
extended inspection, if necessary, to provide inspectors with sufficient 
information to determine if an administrative violation of the Act has occurred. 
   
  (4) In addition, the division inspector will make scheduled or unscheduled 
inspections of policyholder job sites, conducted and completed during normal 
work hours, to obtain additional information about the insurance company's 
accident prevention services. 
     
  (b) Written Report of Inspection. 
 
  (1) The division inspector shall prepare a written report of the inspection 
and shall provide a copy to the insurance company's executive management and to 
the Texas Department of Insurance, Loss Control Regulation Division. The 
division shall, whenever possible, prepare and provide this report within 30 
days of the completion of the inspection. 
   
  (2) The report shall contain the division inspector's rating for services set 
out in the Texas Labor Code, sec.411.061 and sec.166.4 of this title (relating 
to Required Accident Prevention Services), to include specific findings and 
required corrective actions. The rating will state that the mandatory service 
either meets or does not meet standards. 
   
  (3) An insurance company with deficiencies shall comply with the required 
actions contained in the report and submit reports to the division until 
certified in writing, by the division, that they are in compliance. 
 
  (A) The reports shall detail the corrective actions being taken to address 
each specific finding. 
   
  (B) The date on which the reports are due shall be specified in the report of 
the inspection prepared in accordance with this section. 
     
  (4) Any appeal of the report by the insurance company shall be made in 
accordance with the applicable commission rules and the Texas Labor Code, 
sec.415.034. 
   
  (5) The division shall issue a certificate of inspection to each insurance 
company after completion of an inspection in which the mandatory services meet 
the standards. 
 
       
  sec.166.8. Qualification of Field Safety Representatives. 
 
  (a)  A field safety representative working for an insurance company with an 
accident prevention program shall meet the qualifications specified in the Texas 
Labor Code, sec.411.062 and sec.411.063. 
   
  (b) The proof required by the commission shall be based on the category under 
which the person claims qualification and shall be either: 
 
  (1) a certified transcript provided by the college or university, or a 
certificate of completion from an accident prevention services training program 
approved by the division and provided directly to the division; 
   
  (2) a copy of a current registered professional engineer registration renewal 
card; 
   
  (3) a copy of a current certified safety professional certification card or 
documentation of current certification by another certifying organization which 
is approved by the division; 
   
  (4) a copy of a current certified industrial hygienist certification card or 
documentation of current certification by another certifying organization which 
is approved by the division; 
   
  (5) a form prescribed by the commission with the names, addresses, and phone 
numbers of employers for the ten-year period claimed as experience; or 
   
  (6)  designation as a field safety representative by the State Board of 
Insurance prior to January 1, 1991. 
     
  (c) The commission may waive the requirement of proof of qualification during 
an inspection if the field safety representative has previously met the 
requirements of subsection (b)(1), (5), or (6) of this section. 
 
     
  sec.166.9. Approval of Occupational Health and Safety Education Programs. 
 
  (a) Each occupational health and safety education program seeking approval 
from the commission shall apply to the division on the form and in the manner 
prescribed by the commission (TWCC 108). 
   
  (b) At a minimum, the program shall be conducted by an accredited educational 
institution and shall include a comprehensive examination developed or 
administered by an examination service accepted by the division, and at least 
800 hours of classroom, laboratory instruction, and supervised field training in 
the following areas: 
 
  (1) safety management practices and techniques; 
   
  (2) accident analysis; 
   
  (3) industrial hygiene sampling techniques; 
   
  (4) industrial health and hygiene; 
   
  (5)  ergonomics; 
   
  (6) regulations, standards, and codes relating to safety and health; and 
   
  (7) safety inspection and consultation. 
     
  (c) Prior to graduating from the training program, each student must pass the 
examination approved by the division. 
   
  (d) The division shall approve each education program which contains the 
required information and meets the minimum qualifications and shall issue 
approval to the educational institution. The approval shall be valid for three 
years from the date of issuance. 
   
  (e) Each educational institution with an approved program shall submit an 
annual report on or before the anniversary date of the approval. The report 
shall state: 
 
  (1) if the program is active or was active within the past year; and 
   
  (2) any changes in the program, to include changes of instructors, since the 
last report or inspection. 
     
  (f)  The division shall evaluate and reapprove each education program at least 
every three years and may conduct monitoring of the approved program at anytime. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 11, 1995. 
 TRD-9504408 
  Susan Cory 
 General Counsel 
 Texas Workers' Compensation Commission 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 440-3700 
         
           
  Subchapter A. Accident Prevention Services Programs 
 
  28 TAC sec.166.2 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Workers' 
Compensation Commission or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.) 
   
  The repeal is proposed under the Texas Labor Code, sec.402.061, which 
authorizes the commission to adopt rules necessary to administer the Act; 401. 
011, General Definitions; and sec.sec.411.061-411.068, which require an 
insurance company to provide accident prevention services and notice of those 
services, set certain specifications for the program, require an insurance 
company to annually submit information to the commission; and require bi-annual 
inspections by the division. 
 
 
  sec.166.2. Definition of Field Safety Representative. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 17, 1995. 
 TRD-9504692 
  Susan Cory 
 General Counsel 
 Texas Workers' Compensation Commission 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 440-3700 
         
           
  Subchapter B. Program Inspections and Certification of Field Safety 
Representatives 
 
  28 TAC sec.sec.166.100-166.109, 166.111-166.113 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Workers' Compensation Commission or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The repeals are proposed under the Texas Labor Code, sec.402.061, which 
authorizes the commission to adopt rules necessary to administer the Act; 401. 
011, General Definitions; and sec.sec.411.061-411.068, which require an 
insurance company to provide accident prevention services and notice of those 
services, set certain specifications for the program, require an insurance 
company to annually submit information to the commission; and require bi-annual 
inspections by the division. 
 
 
  sec.166.100. Required Accident Prevention Services. 
 
   
  sec.166.101. Filing of Accident Services Plan by Company Seeking Initial 
License. 
 
   
  sec.166.102. Required Periodic Inspections of Accident Prevention Services. 
 
   
  sec.166.103. Site of Inspection. 
 
   
  sec.166.104. Pre-Inspection Exchange of Information. 
 
   
  sec.166.105. Conducting the Inspection of Accident Prevention Services. 
 
   
  sec.166.106. Information to be Made Available at the Inspection. 
 
   
  sec.166.107. Written Report of Inspection. 
 
   
  sec.166.108. Reports of Progress on Correcting Deficiencies. 
 
   
  sec.166.109. Qualification of Field Safety Representatives. 
 
   
  sec.166.111. Approval of Certified Accident Prevention Services. Training 
Programs. 
 
   
  sec.166.112. Notification to Policyholders of Accident Prevention Services. 
 
   
  sec.166.113. Annual Report to the Commission. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 17, 1995. 
 TRD-9504690 
  Susan Cory 
 General Counsel 
 Texas Workers' Compensation Commission 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 440-3700 
         
                 
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part IX. Texas Department on Aging 
  Chapter 251. Support Documents 
  
  40 TAC sec.251.13 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
on Aging or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.) 
   
  The Texas Department on Aging proposes the repeal of sec.251.13 concerning the 
Memorandum of Understanding Between Texas Department on Aging, Texas Department 
of Human Services, Texas Department of Health, and Texas Mental Health and 
Mental Retardation so that it may be republished elsewhere in the Texas 
Administrative Code as 40 TAC 254.1(h) and maintain the same title and content. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that for the first five-year period the repeal is in effect there 
will be no fiscal implication for state or local government as a result of 
enforcing or administering the repeal. 
 Ms. Ammons also has determined that for each year of the first five years the 
repeal is in effect, the public benefit anticipated as a result of enforcing the 
repeal will be better understanding and access to the rules governing the 
operations of the Department by incorporating new language and simplifying 
previous language in the proposed new section. There is no anticipated economic 
cost to persons who are required to comply with the repeal as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, director of field 
operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The repeal is proposed under the Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.251.13. Memorandum of Understanding Between Texas Department on Aging, 
Texas Department of Human Services, Texas Department of Health and Texas Mental 
Health and Mental Retardation. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504638 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
           Chapter 254. Operation of the Texas Department on Aging 
  
  40 TAC sec.254.1 
 
  The Texas Department on Aging proposes an amendment to  s254.1, concerning the 
memorandum of understanding between the Department on Aging and the Texas 
Department of Human Services, the Texas Department of Health, and the Texas 
Department of Mental Retardation. The Department also proposes an amendment to 
the standards governing monitoring of Retired Senior Volunteer Programs, to be 
identified as subsection (i). 
 The purpose of subsection (h) is to move the previous rule intact into the new 
numbering scheme with no revision to the original text. The purpose of 
subsection (i) is to revise and simplify existing procedures for the monitoring 
of Retired Senior Volunteer Programs and publish it to conform to the new 
numbering scheme for Department rules. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that there will not be fiscal implications to State or local 
government as a result of enforcing or administering the section. 
 Ms. Ammons also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be a greater understanding of the role, 
responsibility, and mission of the Department. There will be no effect on small 
businesses. There is no anticipated economic costs to persons who are required 
to comply with the section as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, Director of Field 
Operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The amendment is proposed under Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.254.1. Operation of the Texas Department on Aging. 
 
  (a)-(g)  (No change.) 
   
  <nl>(h) Memorandum of Understanding between Texas Department on Aging, Texas 
Department of Human Services, Texas Department Health, Texas Department of 
Mental Health and Mental Retardation. 
 
  <nl>(1) The 72nd Texas Legislature, upon the recommendation of the Sunset 
Advisory Commission, enacted legislation which abolished the Long-term Care 
Coordinating Council for the Elderly, and transferred its functions to the Texas 
Department on Aging (TDoA). Under the terms of this legislation, TDoA shall: 
 
  <nl>(A) revise, update, and review the implementation of the Texas long-term 
care state plan and submit biennial reports to the governor and the legislature; 
   
  <nl>(B) review issues concerning long-term care for the elderly and develop 
appropriate policy recommendations for the state; and 
   
  <nl>(C) encourage cooperative, comprehensive, and complementary planning among 
the public, private, and volunteer sectors for the provision of long-term care 
services. 
     
  <nl>(2) The legislation further state that TDoA, The Texas Department of Human 
Services (TDHS), the Texas Department of Health (TDH), and Texas Mental Health 
and Mental Retardation (TXMHMR), shall adopt a memorandum of understanding 
clearly defining the responsibilities of each agency in biennially revising and 
updating the Texas long-term care state plan for the elderly. In accordance with 
the requirements of Senate Bill 377, enacted by the 72nd Legislature, TDoA, 
TDHS, TDH, and TXMHMR hereby enter into this memorandum of understanding. 
   
  <nl>(3) The background for the Texas long-term care state plan for the elderly 
and health and humans services strategic plans was that the Long Term Care 
Coordinating Council for the Elderly completed the last published long-term care 
state plan for the elderly for the period 1984-1986, and subsequently publish a 
Revision and Status Report in October 1986. The departments of Human Services, 
Health, Mental Health and Mental Retardation, and Aging were each represented on 
the Long-term Care Coordinating Council for the Elderly. 
 
  <nl>(A) The components of the plan included: 
 
  <nl>(i)<nl> mission statement; 
   
  <nl>(ii)<nl> definition of long-term care; 
   
  <nl>(iii)<nl> description of long-term care services; 
   
  <nl>(iv)<nl> goals and objectives. 
     
  <nl>(B) The 72nd Legislature enacted 1 House Bill 7 mandating the development 
of a coordinated, six-year strategic plan for health and human services. An 
interagency work group was convened in fiscal year 1991 in response to 1 House 
Bill 7 to identify goals and strategies for health and human services. The work 
group identified the following strategy for long-term care: "Increase the 
availability and diversity of long-term care. Long- term care is provided to 
support people with chronic conditions in settings ranging from their own homes 
to total-care facilities." Additionally, the work group specified a number of 
tactics to carry out the strategy. 
     
  <nl>(4) Agency responsibilities in reviewing and revising the long term care 
plan for the elderly (LTC Plan) is that TDoA, TDHS, TDH, and TXMHMR each agree 
to the following responsibilities for the biennial review and update of the LTC 
plan. 
 
  <nl>(A) Each agency will appoint a staff representative to serve on a long-
term care interagency planning committee (LTCIPC) to: 
 
  <nl>(i) <nl> review the LTC plan; 
   
  <nl>(ii)<nl> review and analyze the results of each agency's independent 
review of long-term care service needs which have been conducted as a result of 
each agency's strategic planning progress; 
   
  <nl>(iii)<nl> review the general progress of the state in meeting the long-
term care needs of elderly Texans; 
   
  <nl>(iv) <nl> propose priorities for long-term care services, based upon the 
coordinated six-year strategic planning process; 
   
  <nl>(v) <nl> revise and update the LTC plan, in a format to be determined by 
the LTCIPC, on the basis of the progress review and the analysis of needs, no 
later than August 31 of each evenly numbered year. 
     
  <nl>(B) TDoA will submit the biennial LTC plan revisions to the governor and 
the legislature no later than October 31 of each even-numbered year. 
   
  <nl>(C) TDoA will convene meetings of the LTCIPC on an annual basis, and more 
often as needed. 
   
  <nl>(D) Each agency will provide additional staff support that may be required 
for the LTCIPC to accomplish its work. 
     
  <nl>(5) Effective date and duration of the memorandum of understanding shall 
be as follows. 
 
  <nl>(A) The chief executive officers of each of the agencies have reviewed and 
agreed to the stipulations of this memorandum, with the understanding that it 
shall be effective in fiscal year 1992 upon approval by the Texas Board on 
Aging, The Texas Board of Human Services, the Texas Board of Health, and the 
Texas Board of Mental Health and Mental Retardation. 
   
  <nl>(B) In accordance with the Human Resources Code, Chapter 101, subchapter 
B, sec.101.031, not later than the last month of each state fiscal year, each of 
the agencies listed above shall review and update this memorandum. 
   
  <nl>(C) A complete copy of the Memorandum of Understanding between the Texas 
Department on Aging, Texas Department of Human Services, Texas Department of 
Health, and the Texas Mental Health and Mental Retardation is on file at the 
Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
       
  <nl>(i) Monitoring of National Senior Service Corp Programs. Monitoring of 
National Senior Service Corp Program projects funded by the Department shall be 
conducted at least once during a legislative biennium by either the Texas 
Department on Aging or the Corporation for National and Community Service. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504639 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
             Chapter 260. Area Agency on Aging Administrative Requirements 
  
  40 TAC sec.260.1 
 
  The Texas Department on Aging proposes an amendment to  s260.1, concerning 
compliance by area agencies with the provisions of Section 504, Rehabilitation 
Act of 1973 as amended and the proper identification of area agencies on aging 
to assure clear visibility of this activity in Texas. 
 The purpose of this rule is to relocate it in the new numbering scheme of the 
Texas Department on Aging's rules. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that there will not be fiscal implications to State or local 
government as a result of enforcing or administering the section. 
 Ms. Ammons also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be a greater understanding of the role, 
responsibility, and mission of the Department. There will be no effect on small 
businesses. There is no anticipated economic costs to persons who are required 
to comply with the section as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, Director of Field 
Operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The amendment is proposed under Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.260.1. Area Agency on Aging Administrative Requirements. 
 
  (a) -(e) (No change.) 
   
  (f) Targeting Service Delivery. 
 
  (1) (No change.) 
   
  (2) Scope. These rules shall apply to all area agencies. 
 
  (A)-(B) (No change.) 
   
  <nl>(C) All area agencies shall comply with the provisions of Section 504, 
Rehabilitation Act of 1973, as amended. 
     
  (3) (No change.) 
     
  (g)-(l) (No change.) 
   
  <nl>(m)  Identification of Area Agency on Aging Facilities. Language will be 
prominently displayed on a sign outside the location utilized as an area agency 
on aging indicating the name of the area agency on aging to assure clearly 
visible access to persons wishing to visit the physical location of the area 
agency on aging. 
 
  <nl>(1) This sign will adhere to local ordinances concerning signs. 
   
  <nl>(2) The sign will also conform to the uniform logo requirements for Area 
Agencies on Aging prescribed in subsection (h)(1) of this section (relating to 
use of logos). 
   
  <nl>(3)  The sign will also conform to the citation requirements of the Texas 
Department on Aging as the primary funding source as prescribed in subsection 
(j) of this section (relating to identification of funding sources). 
   
  <nl>(4) Failure to physically demonstrate adherence to this policy will be 
considered noncompliance with this rule. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504640 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
             
  40 TAC sec.260.2 
 
  The Texas Department on Aging proposes an amendment to  s260.2, concerning 
adequate proportion of funding for supportive services categories. 
 The purpose of this action is revise and relocate this rule according to the 
new numbering scheme of the Texas Department on Aging's rules. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that there will not be fiscal implications to State or local 
government as a result of enforcing or administering the section. 
 Ms. Ammons also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be a greater understanding of the role, 
responsibility, and mission of the Department. There will be no effect on small 
businesses. There is no anticipated economic costs to persons who are required 
to comply with the section as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, Director of Field 
Operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The amendment is proposed under Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.260.2. Area Agency on Aging Fiscal Responsibility. 
 
  (a)-(g)  (No change.) 
   
  <nl>(h) Expenditure of adequate proportion of funding for support services 
categories. Each area agency grantee shall establish an adequate proportion of 
the funding they receive under Title III, Part B, of the Older Americans Act, as 
amended, for support services, to be expended to comply with Section 306(a)(2) 
of the Act (P.L. 89-73), and shall include such levels and justification for 
setting these levels in the area plan or area plan amendment, as appropriate. 
 
  <nl>(1) adequate proportion of funding for support services shall include each 
of the following support services categories and their designated services: 
 
  <nl>(A)  services associated with access to services-(transportation, 
outreach, information and assistance, and case management services); 
   
  <nl>(B)  in-home services (homemaker and home health aides, visiting and 
telephone reassurance, chore maintenance, and supportive services for families 
of older individuals who are victims of Alzheimer's disease and related 
disorders with neurological and organic brain dysfunction); and 
   
  <nl>(C) legal assistance. 
     
  <nl>(2) In determining the adequate proportion of funding for each of these 
categories, the area agency grantee shall: 
 
  <nl>(A)  analyze information obtained through the local needs assessment 
conducted for the area plan or area plan amendment; 
   
  <nl>(B) analyze the availability and accessibility of non-Older Americans Act 
resources in the region to meet those needs; 
   
  <nl>(C) take into consideration the views of the elderly and their caregivers 
concerning the need and accessibility of available resources; and 
   
  <nl>(D) include information and discussion of the proposed levels for 
expending an adequate proportion of support service funds in a public hearing 
held for the area plan or area plan amendment, as appropriate. 
     
  <nl>(3) The area plan shall indicate the level of adequate proportion for each 
of the support service categories as a percentage of the Title III, Part B 
funding and a narrative description of each criteria listed in paragraph (2) of 
this subsection. 
   
  <nl>(4) An area agency grantee may propose a change in the local adequate 
proportion funding level for any of the support service categories at the 
beginning of the fiscal year; but not during the course of the fiscal year of an 
approved area plan or area plan amendment. Appropriate justification to change 
the level of funding shall be submitted using the criteria listed in paragraph 
(2) of this subsection by describing and documenting changes in the conditions 
of the service delivery system in the region which resulted in the need for such 
change. 
   
  <nl>(5) Area agency grantees may seek a waiver from setting and expending an 
adequate proportion of Title III, Part B funds for these support service 
categories. 
 
  <nl>(A) Such a waiver shall be submitted with the area plan or area plan 
amendment prior to the effective fiscal year. Waivers will not be reviewed or 
approved during the fiscal year for which the area agency grantee has an 
approved area plan or area plan amendment. 
   
  <nl>(B) The burden of proof that an adequate supply of support services in 
these categories is available in the region is the responsibility of the area 
agency grantee when applying for such a waiver. 
   
  <nl>(C) Separate waiver requests shall be submitted for each category of 
support services for which a waiver is sought and must include appropriate 
justification using the criteria listed in paragraph (2) of this subsection. 
   
  <nl>(D) At least one public hearing shall be held on the area plan or area 
plan amendment containing a request for waiver of this requirement. The area 
agency grantee shall notify all interested parties in the area of the public 
hearing and provide them with an opportunity to testify. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504641 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
                 Chapter 268. Adequate Proportion of Priority Services 
  
  Statures and Regulations 
 
  40 TAC sec.sec.268.1, 268.3, 268.5, 268.6, 268.7, 268.9, 268.11, 268.13 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Department on Aging or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department on Aging proposes the repeal of sec.268.1, 268.3, 268. 5, 
268.6, 268.7, 268.9, 268.11, and 268.13, concerning adequate proportion of 
priority services, to relocate this section elsewhere in the Texas 
Administrative Code. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that for the first five-year period the repeals are in effect there 
will be no fiscal implication for state or local government as a result of 
enforcing or administering the repeals. 
 Ms. Ammons also has determined that for each year of the first five years the 
repeals are in effect, the public benefit anticipated as a result of enforcing 
the repeals will be better understanding and access to the rules governing the 
operations of the Department by incorporating new language and simplifying 
previous language in the proposed new section. There is no anticipated economic 
cost to persons who are required to comply with the repeals as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, director of field 
operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The repeals are proposed under the Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.268.1. Adequate Proportion of Funding for Supportive Service Categories. 
 
   
  sec.268.3. Priority Services Categories. 
 
   
  sec.268.5. Adequate Proportion. 
 
   
  sec.268.6. Possible Reduction of Minimum Percentages Required To Be Expended. 
 
   
  sec.268.7. Waiver of the Requirement to Provide an Adequate Proportion of 
Funding for Priority Services. 
 
   
  sec.268.9. Procedures for Granting a Waiver. 
 
   
  sec.268.11. Waivers. 
 
   
  sec.268.13. Effective Date of Adequate Proportion Policy. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504642 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
             Chapter 270. General Service Requirements 
  
  40 TAC sec.270.1 
 
  The Texas Department on Aging proposes an amendment to  s270.1 relating to the 
no smoking policy in facilities and vehicles funded in whole or in part by the 
Older Americans Act and/or the Department. 
 The purpose of this action is to provide consistent language with the smoking 
policy appearing in sec.270.21 of this section, relating to Senior Center 
Requirements. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that there will be no fiscal implications to State or local 
government as a result of enforcing or administering the section. 
 Ms. Ammons also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be a greater understanding of the role, 
responsibility, and mission of the Department. There will be no effect on small 
businesses. There is no anticipated economic costs to persons who are required 
to comply with the section as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, Director of Field 
Operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The amendment is proposed under Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.270.1. General service requirements. 
 
  (a)-(m) (No change.) 
   
  (n) No Smoking Policy. <nl>The Surgeon General of the United States has 
determined that the smoking of tobacco constitutes a health hazard. Smoking of 
tobacco is prohibited during the hours of operation of senior programs and in 
footage designated for senior activities funded by the Department. <ol> [The 
Surgeon General of the United States has determined that the smoking of tobacco 
can constitute a hazard to health. Consequently, the smoking of tobacco products 
within facilities or vehicles funded in whole or in part by the Older Americans 
Act and/or the Department, or other funds pooled with such funds to meet the 
costs of services under the Older Americans Act, shall be permitted within the 
following guidelines. 
 
  [(1) smoking shall not be permitted in meeting rooms, classrooms, dining 
areas, and auditoriums, and no-smoking signs shall be posted in these areas: 
   
  [(2)  separate smoking areas may be designated in part, but not all, of the 
facility where space and ventilation capacities permit such separation, and such 
smoking sections should be designated and posted based on an estimate of smoking 
and non-smoking participants served; 
   
  [(3) elevators shall be designated as no-smoking areas; and 
   
  [(4) emphasis should be placed on educational programs to discourage smoking.] 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504643 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
               Chapter 277. Monitoring Retired Senior Volunteer Programs 
  
  40 TAC sec.sec.277.1-277.4 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Department on Aging or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department on Aging proposes the repeal of sec. s277.1-277.4 
concerning monitoring of retired senior volunteer programs, to revise and 
relocate this section elsewhere in the Texas Administrative Code. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that for the first five-year period the repeals are in effect there 
will be no fiscal implication for state or local government as a result of 
enforcing or administering the repeals. 
 Ms. Ammons also has determined that for each year of the first five years the 
repeals are in effect, the public benefit anticipated as a result of enforcing 
the repeals will be better understanding and access to the rules governing the 
operations of the Department by incorporating new language and simplifying 
previous language in the proposed new section. There is no anticipated economic 
cost to persons who are required to comply with the repeals as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, director of field 
operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The repeals are proposed under the Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.277.1. Program Definition. 
 
   
  sec.277.2. Program Monitoring by the Texas Department on Aging. 
 
   
  sec.277.3. Program Monitoring Guide for RSVP Grantees. 
 
   
  sec.277.4. Program Review. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504644 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
           Chapter 279. Implementation of Section 504, Rehabilitation Act of 
1973 Policies and Procedures 
  
  40 TAC sec.sec.279.1-279.4 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Department on Aging or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department on Aging proposes the repeal of sec. s279.1-279.4 
concerning, the implementation of Section 504, Rehabilitation Act Of 1973, as 
amended to revise and relocate this section elsewhere in the Texas 
Administrative Code. 
 Ann Ammons, director of field operations, Texas Department on Aging, has 
determined that for the first five-year period the repeals are in effect there 
will be no fiscal implication for state or local government as a result of 
enforcing or administering the repeals. 
 Ms. Ammons also has determined that for each year of the first five years the 
repeals are in effect, the public benefit anticipated as a result of enforcing 
the repeals will be better understanding and access to the rules governing the 
operations of the Department by incorporating new language and simplifying 
previous language in the proposed new section. There is no anticipated economic 
cost to persons who are required to comply with the repeals as proposed. 
 Comments on the proposal may be submitted to Ann Ammons, director of field 
operations, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. 
 The repeals are proposed under the Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the Department. 
 The Human Resources Code, Chapter 101, relating to the operation of the Texas 
Department on Aging, is affected by this proposed action. 
 
 
  sec.279.1. Background. 
 
   
  sec.279.2. Policy. 
 
   
  sec.279.3. Compliance. 
 
   
  sec.279.4. Complaint Procedures. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 14, 1995. 
 TRD-9504645 
  Mary Sapp 
 Executive Director 
 Texas Department on Aging 
    Earliest possible date of adoption: May 22, 1995 
 For further information, please call: (512) 444-2727 
         
             Part XIX. Texas Department of Protective and Regulatory Services 
  Chapter 700. Child Protective Services 
  
  The Texas Department of Protective and Regulatory Services (TDPRS) proposes 
new sec.sec.700.2301-700.2310, concerning definitions of levels of care, and 
sec.sec.700.2401-700.2407, concerning level-of-care standards for foster 
caregivers, in two new subchapters of its child protective services chapter. The 
purpose of the new sections is to establish by rule the definitions and 
standards that the department uses to: identify the typical characteristics of 
foster children, foster caregivers, and the services provided at each of the six 
levels of residential care that TDPRS provides to children who have been placed 
in TDPRS-paid foster care; and assess and monitor the services provided at each 
of those levels of care. 
 The department's level-of-care standards and definitions were originally 
developed by the Texas Health and Human Services Coordinating Council (THHSCC) 
pursuant to state legislation requiring the establishment of a methodology for 
determining levels of care for children placed into foster care by the Texas 
Department of Human Services. (See Acts 1987, 70th Legislature, Chapter 1052, 
sec.3.03(b), effective September 1, 1987.) In November 1992, a working committee 
of the Texas Health and Human Services Commission updated the THHSCC's original 
standards and definitions. The new sections that TDPRS now proposes are based 
directly on the 1992 version of the THHSCC's standards and definitions. 
 Jerry Abel, chief fiscal officer, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Mr. Abel also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to ensure that the care provided to abused and neglected 
children who have been removed from their homes and placed in TDPRS-paid foster 
care is closely suited to their differing circumstances and needs. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the sections as proposed. 
 Questions about the content of the proposal may be directed to Margaret Monk at 
(512) 706-5326 in TDPRS's Protective Services for Families and Children 
department. Written comments on the proposal may be submitted to Nancy Murphy, 
Agency Liaison, Media and Policy Services-246, Texas Department of Protective 
and Regulatory Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 
30 days of publication in the Texas Register . Barring substantive or negative 
comments, these new sections will be adopted. 
   
  Subchapter W. Definitions of Levels of Care 
 
  40 TAC sec.sec.700.2301-700.2310 
 
  The new section is proposed under the Human Resources Code, Title 2, Chapter 
22, which authorizes the department to administer public assistance programs, 
and Chapter 41, which authorizes the department to enforce laws for the 
protection of children. The new section is also proposed under the Texas Family 
Code, Title 2, Chapter 34, which authorizes the department to provide services 
to alleviate the effects of child abuse and neglect. In addition, the new 
section is proposed under Public Law Number 96-272, Title I, which authorizes 
the department to administer foster-care and adoption assistance programs 
provided for under the Social Security Act, Title IV-E. 
 The new section is also proposed under Texas Civil Statutes, Article 4413(503) 
historical note (Vernon Supplement 1993), 72nd Legislature, which transferred 
all functions, programs, and activities related to the child protective services 
program from the Texas Department of Human Services (TDHS) to the Texas 
Department of Protective and Regulatory Services (TDPRS). Article 4413(503) 
sec.12(a)(4) also authorizes the department to propose and adopt rules to ensure 
the department's compliance with state and federal law and facilitate the 
implementation of departmental programs. 
 The new section implements the Human Resources Code, sec.41.027(a), which 
requires TDPRS to use a levels-of-care system for placing children in contracted 
residential care. 
 
 
  sec.700.2301. What the Definitions Cover. The general descriptions and service 
parameters set forth in sec.sec.700.2302-700.2307 of this title (relating to 
Definition of Level 01, Definition of Level 02, Definition of Level 03, 
Definition of Level 04, Definition of Level 05, and Definition of Level 06) 
identify the typical characteristics of foster children, foster caregivers, and 
the services provided at each of the six levels of residential care that the 
Texas Department of Protective and Regulatory Services (TDPRS) provides to 
children who have been removed from their homes and placed in TDPRS-paid foster 
care. 
 
   
  sec.700.2302. Definition of Level 01. 
 
  (a) General description. 
 
  (1) The child. The child's functioning is adequate in all developmental and 
social areas. The child may have transient difficulties and everyday worries, 
and may occasionally misbehave; but he is nonetheless a normal child who 
responds to normal discipline. 
   
  (2) The caregiver. The caregiver provides a normal home environment with 
routine guidance and supervision to meet the child's needs. 
     
  (b) Service parameters. 
 
  (1) The child's service needs. Children at level 01 need an environment that: 
 
  (A) enables them to maintain their current level of functioning; and 
   
  (B) ensures their emotional and physical well-being in a family-like setting. 
     
  (2) Medical care. The Texas Department of Protective and Regulatory Services 
(TDPRS) ensures that the child receives routine medical and dental services 
unless state or federal law prohibits the agency from doing so. In some cases, 
the child's managing conservator may be responsible for the cost of the child's 
medical care. In other cases, payment for such costs may be available from 
federal programs and a variety of other sources. The role of the foster 
caregiver in arranging medical and dental services is determined by agreement 
between the caregiver and TDPRS. 
   
  (3)  Recreation and leisure. The caregiver gives the child the same 
opportunities to participate in recreational and leisure-time activities that a 
parent normally provides. The caregiver also provides the same supervision of 
such activities that a parent normally provides. 
   
  (4) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. 
   
  (5) Therapeutic support. 
 
  (A)  The caregiver. The caregiver: 
 
  (i) gives the child consistent, regular parenting; 
   
  (ii) helps the child develop normal social skills; and 
   
  (iii) provides reassurance to help the child adjust to foster care. 
     
  (B) TDPRS. TDPRS manages the child's case, and contacts the caregiver at least 
once a month. 
     
  (6) Staff-to-child ratio. The staff-to-child ratio is governed by applicable 
licensing, certification, or monitoring standards. 
 
       
  sec.700.2303. Definition of Level 02. 
 
  (a) General description. 
 
  (1) The child. The child has problems functioning in one or more areas, but 
the problems are only occasional. The child sometimes acts out in response to 
stress, but the episodes of acting out are brief and transient. The child's 
behavior is minimally disturbing to others, and is not considered aberrant by 
those who know him. 
   
  (2) The caregiver. The caregiver provides a normal home environment with extra 
guidance and discipline to meet the child's needs. 
     
  (b) Service parameters. 
 
  (1) The child's service needs. Children at level 02 need services designed to 
improve their functioning. 
   
  (2) Medical care. Payment for routine medical and dental care is available 
from federal programs and a variety of other sources. In some cases, the child's 
managing conservator may be responsible for the cost of the child's medical 
care. The role of the foster caregiver in arranging medical and dental services 
is determined by agreement between the caregiver and the Texas Department of 
Protective and Regulatory Services (TDPRS). 
   
  (3) Recreation and leisure. The caregiver arranges structured recreational and 
leisure-time activities for children in the home. 
   
  (4)  Education. Within the limits of state and federal law, the caregiver 
gives the child access to free, appropriate public education and related 
services through the local public school district. 
   
  (5) Therapeutic support. 
 
  (A) The caregiver. The caregiver provides appropriate therapeutic 
interventions in a home environment that is designed to improve the child's 
functioning. 
   
  (B) TDPRS. TDPRS: 
 
  (i) manages the child's case; 
   
  (ii) contacts the caregiver at least once a month; and 
   
  (iii) arranges diagnostic evaluations and optional therapeutic interventions 
when needed. Optional therapeutic interventions may include individual, group, 
and family therapy conducted by: 
 
  (I) professional therapists; or 
   
  (II) paraprofessional staff under the direct supervision of professional 
therapists. 
         
  (6) Staff-to-child ratio. The staff-to-child ratio is governed by applicable 
licensing, certification, or monitoring standards. 
 
       
  sec.700.2304. Definition of Level 03. 
 
  (a) General description. 
 
  (1) The child. The child has frequent or repetitive minor problems in one or 
more areas of functioning. The child may engage in nonviolent antisocial acts, 
but is able to have meaningful social relationships. 
   
  (2)  The caregiver. The caregiver provides supervision in a structured 
supportive setting. The caregiver also ensures that counseling is available from 
professional or paraprofessional counselors. 
     
  (b) Service parameters. 
 
  (1) The child's service needs. Children at level 03 need structure, 
educational support, help in developing normal social skills, and more 
supervision than children at level 02. 
   
  (2) Medical care. Payment for routine medical and dental care is available 
from federal programs and a variety of other sources. In some cases, the child's 
managing conservator may be responsible for the cost of the child's medical 
care. The role of the foster caregiver in arranging medical and dental services 
is determined by agreement between the caregiver and the Texas Department of 
Protective and Regulatory Services (TDPRS). 
   
  (3) Recreation and leisure. The caregiver provides a supervised environment 
with structured daily routines and leisure-time activities. 
   
  (4) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. 
   
  (5) Therapeutic support. 
 
  (A) The caregiver. The caregiver provides: 
 
  (i) diagnostic evaluations; 
   
  (ii)  appropriate therapeutic interventions in an environment designed to 
improve the child's functioning; and 
   
  (iii) individual, group, and family therapy conducted by professional 
therapists or paraprofessional staff under the direct supervision of 
professional therapists. 
     
  (B) TDPRS. TDPRS manages the child's case and contacts the caregiver at least 
once a month. 
     
  (6) Staff-to-child ratio. The staff-to-child ratio is governed by applicable 
licensing, certification, or monitoring standards. 
 
       
  sec.700.2305. Definition of Level 04. 
 
  (a) General description. 
 
  (1) The child. The child has substantial problems. The child's physical, 
mental, or social needs and behaviors may present a low-to-moderate risk of harm 
to the child or to others. The child may have poor social skills or frequent 
episodes of aggressive or antisocial behavior. But despite these problems, the 
child is still able to have meaningful social relationships. 
   
  (2) The caregiver. The caregiver provides a treatment program in a structured 
supportive setting. The caregiver also ensures that therapy is available from 
professional counselors or therapists. 
     
  (b) Service parameters. 
 
  (1) The child's service needs. The physical, mental, and emotional needs and 
behaviors of children at level 04 may present a low-to-moderate risk of harm to 
the children themselves or to others. The children require physical environments 
and treatment programs in which most activities are designed to improve their 
social, emotional, and educational adaptive behavior. Residential programs for 
these children must often integrate psychological or psychiatric services into 
the child's admission, discharge, and treatment plan. 
   
  (2) Medical care. 
 
  (A) Payment for routine medical and dental care is available from federal 
programs and a variety of other sources. In some cases, the child's managing 
conservator may be responsible for the cost of the child's medical care. 
   
  (B) The role of the foster caregiver in arranging medical and dental services 
is determined by agreement between the caregiver and the Texas Department of 
Protective and Regulatory Services (TDPRS). The caregiver also enters into 
contractual agreements with physicians to provide routine medical care and to 
monitor chronic but stable physical illnesses. 
   
  (C) If the child is receiving psychotropic medications, a physician monitors 
the child's condition at least once a month. Individuals administering 
psychotropic medications annually receive training in identifying and 
administering drugs and in recognizing their potential side effects. 
     
  (3) Recreation and leisure. The caregiver must provide therapeutic 
recreational and leisure-time activities. 
   
  (4) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. 
   
  (5)  Therapeutic support. 
 
  (A) The caregiver. The caregiver provides: 
 
  (i) diagnostic evaluations; 
   
  (ii) appropriate therapeutic interventions in an environment designed to 
improve the child's functioning; and 
   
  (iii) individual, group, and family therapy conducted by professional 
therapists or paraprofessional staff under the direct supervision of 
professional therapists. 
     
  (B) TDPRS. TDPRS manages the child's case and contacts the caregiver at least 
once a month. 
     
  (6) Staff-to-child ratio. The staff-to-child ratio is governed by applicable 
licensing, certification, or monitoring standards. 
 
       
  sec.700.2306. Definition of Level 05. 
 
  (a) General description. 
 
  (1) The child. The child has severe problems, and is unable to function in 
several areas. The child may lack the motivation or ability to care for himself 
or participate in social activities, though he may sometimes cooperate when 
prompted or instructed. The child's reality-testing and communications may be 
severely impaired. The child may exhibit persistent or unpredictable aggression, 
may be markedly withdrawn and isolated, or may have attempted suicide. The 
child's behavior may present a moderate-to-severe risk of harm to himself or to 
others. 
   
  (2) The caregiver. The caregiver's staff works in shifts to provide 24-hour 
supervision in a setting in which outside access to the child is limited. 
     
  (b) Service parameters. 
 
  (1) The child's service needs. Children at level 05 have emotional or 
behavioral disorders so severe that they require a highly structured residential 
program to maintain or improve their functioning. These children may present a 
moderate-to-severe risk of harm to themselves or to others. 
   
  (2) Medical care. 
 
  (A) The caregiver provides access to appropriate laboratory and pharmacy 
services. Individuals administering psychotropic medications annually receive 
training in identifying and administering drugs and in recognizing their 
potential side effects. 
   
  (B)  Payment for dental care and all nonroutine medical care that is unrelated 
to the emotional or behavioral problems for which the child has been placed in 
level-05 care is available from federal programs and a variety of other sources. 
In some cases, the child's managing conservator may be responsible for the cost 
of the child's medical care. Where federal funding for such care is unavailable, 
the caregiver is responsible for arranging the care and coordinating payment for 
the services for such care from the available sources. 
   
  (C) Medical, psychiatric, and nursing services are available on call 24 hours 
a day. 
     
  (3) Recreation and leisure. The caregiver provides recreational services 
according to an individual recreation plan designed by an interdisciplinary team 
of professionals who are qualified to address the child's needs. 
   
  (4) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. To ensure 24-hour programmatic 
consistency, all educational (and related) services provided to the child are 
coordinated with the child's treatment plan. 
   
  (5) Therapeutic support. 
 
  (A) The caregiver. 
 
  (i)  The caregiver provides: 
 
  (I) diagnostic evaluations; 
   
  (II)  appropriate therapeutic interventions in an environment designed to 
improve the child's functioning; and 
   
  (III) individual, group, and family therapy conducted by professional 
therapists or paraprofessional staff under the direct supervision of 
professional therapists. 
     
  (ii) The caregiver ensures that the child's treatment program is planned and 
supervised by an interdisciplinary team of professionals who are qualified to 
address the child's needs. The treatment plan covers all of the child's waking 
hours. All activities planned and all interventions arranged or conducted by the 
caregiver's staff are designed to meet the child's individual needs and to 
correct or reduce the child's functional deficiencies. 
   
  (iii) The caregiver also provides psychological testing when needed. If the 
child is in a psychiatric facility, the caregiver provides on-site psychiatric 
consultation at admission, at discharge, during treatment reviews, and during 
monthly medication reviews. 
     
  (B) Texas Department of Protective and Regulatory Services (TDPRS). TDPRS 
manages the child's case and contacts the caregiver at least once a month. 
     
  (6) Staff-to-child ratio. The staff-to-child ratio is governed by applicable 
licensing, certification, or monitoring standards. The caregiver must have 
enough staff to supervise the child 24 hours a day. 
 
       
  sec.700.2307. Definition of Level 06. 
 
  (a) General description. 
 
  (1) The child. The child has one or more very severe impairments, 
disabilities, or needs, and is consistently unable or unwilling to cooperate in 
his own care. The child may be extremely aggressive or self-destructive. The 
child's reality-testing, communication, cognition, affect, and personal hygiene 
may be grossly impaired. The child's behavior may present a severe-to-critical 
risk of serious harm to himself or to others. 
   
  (2)  The caregiver. The caregiver provides constant care and supervision with 
maximum staffing in a highly structured setting 24 hours a day. 
     
  (b)  Service parameters. 
 
  (1) The child's service needs. 
 
  (A)  Children at level 06 have acute or chronic emotional or behavioral 
disorders. The disorders are so severe that the children require highly 
structured residential programs with 24-hour supervision to maintain or improve 
their functioning. The children may present a severe-to-critical risk of harm to 
themselves or to others. 
   
  (B) Medically fragile children in nonpsychiatric facilities at level 06 
require highly specialized residential care. The facility must be capable of 
providing safe and effective care for severe and chronic medical conditions even 
when the medical conditions are complicated by severe behavioral disorders or 
emotional disturbances. If the continuity of a child's life-support functions is 
threatened, the child must be placed in a medical facility. 
   
  (C) Each child in a nonmedical facility at level 06 requires an individual 
treatment program developed by an interdisciplinary team to address the child's 
unique needs. 
     
  (2)  Medical care. 
 
  (A) Laboratory and pharmacy services. The caregiver provides access to 
appropriate laboratory and pharmacy services. Individuals administering 
psychotropic medications annually receive training in identifying and 
administering drugs and in recognizing their potential side effects. 
   
  (B) Miscellaneous dental and medical care. Payment for dental care and all 
nonroutine medical care that is unrelated to the emotional or behavioral 
problems for which the child has been placed in level-06 care is available from 
federal programs and a variety of other sources. In some cases, the child's 
managing conservator may be responsible for the cost of the child's medical 
care. Where federal funding for such care is unavailable, the caregiver is 
responsible arranging for the care and coordinating payment for the services for 
such care from the available sources. 
   
  (C) Medical and psychiatric facilities. 
 
  (i) If the child is in a medical or a psychiatric facility, the caregiver 
provides: 
 
  (I) 24-hour on-duty nursing services; 
   
  (II) 24-hour on-call medical and/or psychiatric services; and 
   
  (III) all laboratory and other medical services required to monitor the 
child's physiological functioning according to prevailing standards of medical 
and psychiatric care. 
     
  (ii) If the child is mentally ill or mentally retarded, a physician regularly 
adjusts the child's psychotropic and life-support medications to stabilize the 
child's psychiatric or physiological condition. 
     
  (D) Nonmedical facilities. If the child is a behavior-disordered student in a 
nonmedical facility, the caregiver ensures that the child has as much access to 
medical care as necessary, and that all the medications the child needs are 
administered as prescribed by the physician on contract or on call. 
     
  (3) Recreation and leisure. The caregiver provides recreational services under 
an individual recreation plan designed by an interdisciplinary team of 
professionals qualified to address the child's needs. 
   
  (4) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. To ensure 24-hour programmatic 
consistency, all educational (and related) services provided to the child are 
coordinated with the child's treatment plan. 
   
  (5) Therapeutic support. 
 
  (A) The caregiver. 
 
  (i) The caregiver provides: 
 
  (I) diagnostic evaluations; 
   
  (II) therapeutic interventions in an environment designed to improve the 
child's functioning; and 
   
  (III) individual, group, and family therapy conducted by appropriately 
credentialed professional therapists or paraprofessional staff under the direct 
supervision of professional therapists. 
     
  (ii) The caregiver's treatment plan and (when applicable) individual education 
plan cover all of the child's waking hours. All activities planned and all 
interventions arranged or conducted by the caregiver's staff are individually 
designed to stabilize the child's severe psychiatric or medical crises or 
severely dysfunctional level of adaptation. Formal interventions to stabilize 
the child's condition occur more frequently and more intensively at this level 
of care. 
   
  (iii) A physician recommends and approves treatment at the time of the initial 
diagnosis and at each review. In psychiatric facilities, a psychiatrist directs 
all aspects of the patient's care. The psychiatrist is responsible for the 
child's admission and discharge, the development and review of the child's 
treatment plan, and the continuous monitoring and review of the child's 
medications. 
     
  (B)  Texas Department of Protective and Regulatory Services (TDPRS). TDPRS 
manages the child's case and contacts the caregiver at least once a month. 
     
  (6) Staff-to-child ratio. The caregiver is capable of maintaining a higher 
staff-to-child ratio than required by applicable licensing, certification, or 
monitoring standards. The caregiver must have enough staff to supervise the 
child 24 hours a day. 
 
       
  sec.700.2308. Special Definitions for Substance Abuse. 
 
  (a)  Descriptions and service parameters. The descriptions and service 
parameters in this section furnish additional information about children with 
problems related to substance abuse. They are intended to supplement the primary 
definitions in sec. s700.2304-700.2306 of this title (relating to Definition of 
Level 03, Definition of Level 04, and Definition of Level 05), not to replace 
them. 
   
  (b) Level 03. 
 
  (1) The child. The child has abused alcohol, drugs, or other consciousness-
altering substances. The child is at risk of serious problems in one major area 
of functioning because of that substance abuse. 
   
  (2) Therapeutic support. The caregiver arranges for the child to receive a 
drug assessment and intensive therapeutic interventions to address issues 
related to the child's substance abuse. The therapeutic interventions may be 
provided on an outpatient basis, and they may include individual, family, or 
group therapy. 
     
  (c) Level 04. 
 
  (1)  The child. The child frequently abuses alcohol, drugs, or other 
consciousness-altering substances, and has been professionally diagnosed as 
chemically dependent. The child has serious problems in two or more major areas 
of functioning because of his chemical dependency. 
   
  (2)  Therapeutic support. The caregiver arranges for the child to participate 
in an intensive substance-abuse treatment program. The program may be either 
residential or nonresidential. 
     
  (d) Level 05. 
 
  (1) The child. The child's primary diagnosis is chemical dependency. The child 
is severely impaired in several major areas of functioning because of his 
chemical dependency. 
   
  (2) Therapeutic support. The caregiver arranges for the child to participate 
in an intensive residential treatment program for substance abuse. 
 
       
  sec.700.2309. Special Definitions for Mental Retardation. 
 
  (a)  Descriptions and service parameters. The descriptions and service 
parameters in this section furnish additional information about children with 
problems related to mental retardation. They are intended to supplement the 
primary definitions in sec. s700.2304-700.2307 of this title (relating to 
Definition of Level 03, Definition of Level 04, Definition of Level 05, and 
Definition of Level 06), not to replace them. 
   
  (b) Level 03. 
 
  (1)  The child. The child functions in the borderline-to-mild range of mental 
retardation. Regardless of the child's actual age, the child's academic skills 
do not surpass the sixth grade level and his mental age does not exceed 12. The 
child's "intelligence quotient (IQ)" is between 52 and 69. The child is capable 
of appropriate action in an emergency. 
   
  (2) The child's service needs. The child needs minimal daily supervision. 
   
  (3) Medical care. The child is able to walk or to use a wheelchair, and is 
healthy enough to participate in the caregiver's programs without continual 
medical attention. The caregiver manages the child's daily medications, and 
arranges for appropriate licensed nursing services when necessary. The child 
does not need ongoing nursing services. 
   
  (4) Education. The caregiver arranges for the child to participate in 
appropriate special educational programs, such as pre-vocational and vocational 
training and community-living-skills classes. 
   
  (5) Staff-to-child ratio. The caregiver has enough staff to provide minimal 
daily supervision. 
     
  (c) Level 04. 
 
  (1) The child. The child functions in the borderline-to-moderate range of 
mental retardation. Regardless of the child's actual age, the child's academic 
skills do not surpass the first grade level and his mental age does not exceed 
seven. The child's IQ is between 36 and 69. With regular supervision or 
management, the child is able to care for himself in most respects; but under 
stress, the child typically needs special supervision. 
   
  (2) The child's service needs. The child needs regular daily supervision or 
management. 
   
  (3)  Medical care. The child may require continual medical attention, but he 
is nonetheless healthy enough to participate in the caregiver's programs. The 
child may: 
 
  (A) either: 
 
  (i) require assistance to move; or 
   
  (ii) be able to walk or to use a wheelchair; 
     
  (B) need regular nursing or nursing supervision; and 
   
  (C) need psychotropic or life-support medications to stabilize his psychiatric 
or physiological condition. 
     
  (4) Education. The child typically can progress from the kindergarten to the 
first-grade level. The caregiver arranges for the child to participate in 
appropriate special educational programs, such as basic-skills training, 
prevocational programs, occupational therapy, and physical therapy. 
   
  (5) Staff-to-child ratio. The caregiver has enough staff to provide regular 
daily supervision. 
     
  (d) Level 05. 
 
  (1) The child. The child functions in the borderline-to-severe range of mental 
retardation. In most cases, the child can learn to talk a little, take care of 
his basic needs, and dress and feed himself. The child may or may not develop 
regular toilet habits. The child's mental age does not ordinarily exceed two. 
The child's IQ is between 20 and 69. 
   
  (2) The child's service needs. The child needs around-the-clock supervision. 
The child may not be able to communicate and may need assistance with several 
activities of daily living. 
   
  (3) Medical care. The child may require around-the-clock medical attention, 
but he is medically able to participate in activities outside the bedroom. The 
child may: 
 
  (A) either: 
 
  (i) require assistance to move; or 
   
  (ii) be able to walk or to use a wheelchair; 
     
  (B) need around-the-clock nursing supervision; 
   
  (C) have physical disabilities that require special therapies, medications, 
and nursing assistance; and 
   
  (D) need psychotropic or life-support medications to stabilize his psychiatric 
or physiological condition. 
     
  (4) Education. The caregiver arranges for the child to participate in 
appropriate special educational programs, such as sensory-motor development 
programs, physical therapy, speech therapy, occupational therapy, basic-skills 
training, and pre-academic programs. 
   
  (5) Staff-to-child ratio. The caregiver has enough staff, including awake 
night staff, to provide around-the-clock supervision. 
     
  (e)  Level 06. 
 
  (1) The child. The child functions in the borderline-to-profound range of 
mental retardation. The child has severe problems in several major areas of 
functioning, and may be medically fragile. The child's ability to actively 
participate in the caregiver's programs is limited. The child's IQ is between 0 
and 69. 
   
  (2) The child's service needs. The child needs a highly structured residential 
program with around-the-clock supervision focused on multiple problem areas 
including: 
 
  (A) the child's mental retardation; 
   
  (B) the risk of harm to the child and to others; and 
   
  (C) the child's physiological and psychiatric health. 
     
  (3) Medical care. 
 
  (A) The child requires: 
 
  (i) 24-hour on-duty nursing services; 
   
  (ii) 24-hour on-call medical and/or psychiatric services; and 
   
  (iii)  psychotropic and/or life-support medications to stabilize his 
psychiatric or physiological condition. 
     
  (B) The child may be able to walk or to use a wheelchair, or he may require 
assistance to move. 
     
  (4)  Education. The caregiver arranges for the child to receive active 
treatment, including intellectual, behavioral, and medical programming designed 
to address the child's particular needs. 
   
  (5) Staff-to-child ratio. The caregiver has enough staff, including awake 
night staff, to provide: 
 
  (A) 24-hour on-duty nursing services; 
   
  (B) 24-hour on-call medical and/or psychiatric services; 
   
  (C) a highly structured program with around-the-clock supervision; and 
   
  (D) one-on-one supervision whenever necessary to meet the child's needs. 
 
         
  sec.700.2310. Special Definitions for Medically Fragile and Developmentally 
Delayed Children. 
 
  (a) Medically fragile and developmentally delayed children. The descriptions 
and service parameters in this section furnish additional information about 
medically fragile and developmentally delayed children. They are intended to 
supplement the primary definitions in sec.sec.700.2304-700.2306 of this title 
(relating to Definition of Level 03, Definition of Level 04, and Definition of 
Level 05), not to replace them. 
   
  (b) Level 03. 
 
  (1) The child. The child's ability to care for himself is limited, and his 
verbal skills may be limited to communications about basic needs. The child may 
have frequent or repetitive behavioral problems; but the problems are minor, and 
they present a minimal risk of harm to the child or others. 
   
  (2) The child's service needs. The child needs minimal daily supervision. 
   
  (3) Medical care. The child requires limited medical assistance, regular 
follow-up services, and routine replacement of medical equipment. The child may 
also need help to walk. 
   
  (4) Staff-to-child ratio. The caregiver has enough staff to provide minimal 
daily supervision. 
     
  (c) Level 04. 
 
  (1) The child. The child needs continual help to care for himself, and may not 
be able to talk. The child may have substantial behavioral problems that present 
a moderate risk of harm to himself or others. 
   
  (2) The child's service needs. The child may need constant supervision. 
   
  (3) Medical care. The child needs skilled staff on hand to provide medical 
assistance and a nurse available on call. The child's medical equipment may 
require periodic adjustment or replacement. The child may not be able to walk. 
   
  (4)  Staff-to-child ratio. The caregiver has enough staff to provide constant 
supervision. 
     
  (d) Level 05. 
 
  (1) The child. The child cannot care for himself. The child may have severe 
behavioral problems that present a severe risk of harm to himself or others. 
   
  (2) The child's service needs. The child may need close supervision around the 
clock. 
   
  (3)  Medical care. The child may require around-the-clock medical or nursing 
supervision, with continuous use of medical equipment to sustain life. 
   
  (4) Staff-to-child ratio. The caregiver has enough staff, including awake 
night staff, to provide around-the-clock supervision. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 13, 1995. 
 TRD-9504578 
  Nancy Murphy 
 Section Manager, Media and Policy Services 
 Texas Department of Protective and Regulatory Services 
    Proposed date of adoption: June 15, 1995 
 For further information, please call: (512) 450-3765 
         
               
  Subchapter X. Level-of-Care Standards for Foster Caregivers 
 
  40 TAC sec.sec.700.2401-700.2407 
 
  The new section is proposed under the Human Resources Code, Title 2, Chapter 
22, which authorizes the department to administer public assistance programs, 
and Chapter 41, which authorizes the department to enforce laws for the 
protection of children. The new sections are also proposed under the Texas 
Family Code, Title 2, Chapter 34, which authorizes the department to provide 
services to alleviate the effects of child abuse and neglect. In addition, the 
new sections are proposed under Public Law Number 96-272, Title I, which 
authorizes the department to administer foster-care and adoption assistance 
programs provided for under the Social Security Act, Title IV-E. 
 The new section is also proposed under Texas Civil Statutes, Article 4413(503) 
historical note (Vernon Supplement 1993), 72nd Legislature, which transferred 
all functions, programs, and activities related to the child protective services 
program from the Texas Department of Human Services (TDHS) to the Texas 
Department of Protective and Regulatory Services (TDPRS). Article 4413(503) 
sec.12(a)(4) also authorizes the department to propose and adopt rules to ensure 
the department's compliance with state and federal law and facilitate the 
implementation of departmental programs. 
 The new section implements the Human Resources Code, sec.41.027(a), which 
requires TDPRS to use a levels-of-care system for placing children in contracted 
residential care. 
 
 
  sec.700.2401. Purpose.  The Texas Department of Protective and Regulatory 
Services (TDPRS) applies the descriptions of care set forth in sec.sec.700.2402-
700.2407 of this title (relating to Level-01 Standards, Level-02 Standards, 
Level-03 Standards, Level-04 Standards, Level-05 Standards, and Level-06 
Standards) as standards for assessing and monitoring the six levels of 
residential care provided to children in TDPRS-paid foster care. 
 
   
  sec.700.2402. Level-01 Standards. 
 
  (a) The child's service needs. The foster caregiver provides care in a family 
environment that meets the child's basic needs and supports the child's 
emotional and physical well-being. 
   
  (b) Medical care. The caregiver and the Texas Department of Protective and 
Regulatory Services have entered into a plan, agreement, or contract to ensure 
that the child receives routine medical and dental services, including annual 
medical and dental examinations. 
   
  (c) Recreation and leisure. The caregiver gives the child opportunities to 
participate in normal recreational and leisure-time activities, and provides 
routine parental supervision of such activities. 
   
  (d) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. 
   
  (e) Therapeutic support. The caregiver gives the child consistent, regular 
parenting; engages the child in activities to help develop normal social skills; 
and provides reassurance to help the child adjust to foster care. 
   
  (f) Staff-to-child ratio. The caregiver's staff-to-child ratio meets 
applicable licensing, certification, or monitoring standards. 
   
  (g) Licensure, certification, or approval. The caregiver is licensed, 
certified, verified, or otherwise approved under appropriate standards of one of 
the following state agencies: 
 
  (1) the Texas Department of Protective and Regulatory Services; 
   
  (2) the Texas Youth Commission; 
   
  (3) the Texas Department of Health; 
   
  (4) the Texas Commission on Alcohol and Drug Abuse; or 
   
  (5) the Texas Department of Mental Health and Mental Retardation. 
 
       
  sec.700.2403. Level-02 Standards. 
 
  (a) The child's service needs. The foster caregiver provides services designed 
to improve the child's functioning in a family environment, with extra guidance 
and discipline to meet the child's needs. To this end, the caregiver: 
 
  (1) sets forth clear rules appropriate to the developmental levels of the 
children who have been placed with the caregiver; 
   
  (2) has a clear system of rewards and consequences; 
   
  (3) involves the child in organized activities that recognize and reinforce 
the support available to the child within the caregiver's family, such as family 
conferences and special dinners; and 
   
  (4) encourages the child to participate in community activities, such as 
school, church, and community social events. 
     
  (b) Medical care. The caregiver and the Texas Department of Protective and 
Regulatory Services have entered into a plan, agreement, or contract to ensure 
that: 
 
  (1) the child receives routine medical and dental services, including annual 
medical and dental examinations; and 
   
  (2) the child's medical records reflect the child's receipt of such services. 
     
  (c) Recreation and leisure. The caregiver arranges structured recreational and 
leisure-time activities for children in the home. 
   
  (d) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. 
   
  (e) Therapeutic support. The caregiver arranges appropriate therapeutic 
interventions in a home environment that is designed to improve the child's 
functioning. To this end, the caregiver: 
 
  (1) ensures that each child receives therapeutic support addressing his 
particular needs, as specified in the child's written service plan; and 
   
  (2) ensures that every individual who is directly responsible for the care, 
custody, and welfare of children in the caregiver's household or facility 
receives at least 15 hours of training every year to help the individual: 
 
  (A)  understand the needs and characteristics of children in foster care; 
   
  (B) provide the care and emotional support that foster children need; and 
   
  (C) appropriately manage children's behavior. (Note: First-aid and 
cardiopulmonary-resuscitation training cannot be counted towards meeting the 
training requirement specified in this paragraph.) 
       
  (f)  Staff-to-child ratio. The caregiver's staff-to-child ratio meets 
applicable licensing, certification, or monitoring standards. 
 
     
  sec.700.2404. Level-03 Standards. 
 
  (a) The child's service needs. The foster caregiver maintains a structured 
living environment, provides a higher level of supervision than children need at 
level 02, and receives regular support and direction in functioning as a 
substitute parent for the child. To those ends, the caregiver: 
 
  (1) actively participates in the development, implementation, and periodic 
review of the child's service plan; and 
   
  (2) ensures that everyone in the caregiver's household or facility who is 
directly responsible for the child's care, custody, and welfare receives support 
and direction from someone who is qualified to supervise that individual's 
functioning as a substitute parent. 
     
  (b) Medical care. The caregiver and the Texas Department of Protective and 
Regulatory Services have entered into a plan, agreement, or contract to ensure 
that: 
 
  (1) the child receives routine medical and dental services, including annual 
medical and dental examinations; and 
   
  (2)  the child's medical records reflect the child's receipt of such services. 
     
  (c) Recreation and leisure. 
 
  (1) The caregiver arranges structured and supervised recreational activities. 
To document compliance with this standard, the caregiver develops and maintains 
a schedule of recreational activities that identifies each activity by its type, 
its frequency, and the nature of the staff supervision it requires. 
   
  (2) The caregiver has a structured daily routine that includes leisure-time 
activities. To document compliance with this standard, the caregiver establishes 
a written schedule of daily routines and leisure periods with enough flexibility 
for individual children to manage their time based on their individual goals. 
     
  (d)  Education. Within the limits of state and federal law, the caregiver 
gives the child access to free, appropriate public education and related 
services through the local public school district. The caregiver also designates 
at least one staff member to function as a liaison with the child's school, and 
the caregiver's records reflect the liaison's involvement in the child's 
schooling. 
   
  (e) Therapeutic support. In an environment designed to improve the child's 
functioning, the caregiver arranges for the child to receive appropriate 
therapeutic interventions and treatments. The child's therapeutic interventions 
and treatments are implemented by professional therapists or counselors, or by 
paraprofessional staff under the supervision of professional therapists or 
counselors. 
 
  (1) Program indicators. The caregiver: 
 
  (A) sets forth in writing the philosophy and program model governing the 
caregiver's therapeutic interventions and treatments; 
   
  (B)  establishes a written schedule of structured daily routines that are 
consistent with the caregiver's programs of therapeutic support; and 
   
  (C)  ensures that each child's therapeutic program addresses the child's 
individual needs. 
     
  (2) Personnel indicators. The caregiver also meets the following personnel 
requirements: 
 
  (A) The caregiver's staff includes at least one caseworker. 
   
  (B) The caregiver's casework and clinical supervisory staff have at least one 
year of experience in providing services to children who have been removed from 
their homes. 
   
  (C) Each staff member with primary administrative and clinical responsibility 
for managing the caregiver's therapeutic interventions and programs: 
 
  (i)  is a psychiatrist, which is defined here as a licensed physician with 
advanced training in the diagnosis and treatment of mental and emotional 
disorders; 
   
  (ii) is a psychologist, which is defined here as an individual who is 
qualified as a psychologist under the Psychologists Certification and Licensing 
Act (Texas Civil Statutes, Article 4512c); 
   
  (iii) has a master's degree in social work or another field of human services; 
   
  (iv) is an appropriately licensed and qualified professional under the program 
model governing the caregiver's therapeutic interventions and treatments (as set 
forth pursuant to subparagraph (1)(A) of this subsection); 
   
  (v) has: 
 
  (I) a bachelor's degree in social work or another field of human services; and 
   
  (II) at least three years of experience in providing care to children who have 
been removed from their homes; or 
     
  (vi) has: 
 
  (I) a bachelor's degree in a field other than human services; and 
   
  (II) at least five years of experience in providing care to children who have 
been removed from their homes, including at least two years of clinical 
supervisory experience. 
       
  (D) Everyone who is directly responsible for the care, custody, and welfare of 
children in the caregiver's facility receives at least 30 hours of training 
every year on topics that include: 
 
  (i) the needs and characteristics of children in care at level 03 or higher; 
and 
   
  (ii)  the facility's therapeutic treatment methods and programs. (Note: First-
aid and cardiopulmonary-resuscitation training cannot be counted towards meeting 
the training requirement specified in this subparagraph.) 
         
  (f)  Staff-to-child ratio. The caregiver's staff-to-child ratio meets 
applicable licensing, certification, or monitoring standards. 
 
     
  sec.700.2405. Level-04 Standards. 
 
  (a) The child's service needs. The foster caregiver maintains a structured 
living environment in which most activities are therapeutically designed to meet 
the social, emotional, and educational needs of each child. To this end, the 
caregiver: 
 
  (1)  meets: 
 
  (A) the Texas Department of Protective and Regulatory Services' (TDPRS's) 
licensing requirements for residential treatment centers or therapeutic camps; 
or 
   
  (B) the Texas Commission on Alcohol and Drug Abuse's (TCADA's) licensing 
requirements for residential facilities that treat adolescent substance abuse; 
and 
     
  (2) has written plans for the direct, continuous observation of children who 
present a moderate risk of suicide or of physical injury to themselves or 
others. 
     
  (b) Medical care. 
 
  (1) The caregiver and TDPRS have entered into a plan, agreement, or contract 
to ensure that the child receives routine medical and dental services, including 
annual medical and dental examinations; and the child's medical records reflect 
the child's receipt of such services. 
   
  (2) Under written agreements with the primary physicians of the children who 
have been placed with the caregiver, the caregiver provides routine medical care 
and monitors chronic but stable physical illnesses. To document compliance with 
this requirement, the caregiver keeps a copy of the written agreement with each 
child's primary physician. 
   
  (3) The caregiver ensures that all staff members who administer psychotropic 
medications are annually trained to identify and administer the medications and 
to recognize their potential side effects. 
 
  (A) Except as specified in subparagraph (B) of this paragraph, the training 
must meet the following requirements: 
 
  (i)  a licensed physician, a registered nurse, or a pharmacist conducts the 
training; 
   
  (ii) after the training, the trainer assesses each participant to ensure that 
the participant has learned the course content; and 
   
  (iii) the training course provided to direct-care staff covers: 
 
  (I) basic pharmacology-the actions and side effects of, and possible adverse 
reactions to, various medications; 
   
  (II) techniques and methods of administering medications; and 
   
  (III) related policies and procedures. 
       
  (B) Caregivers that, by policy, do not accept or maintain children on 
psychotropic medications are exempt from the requirements of this paragraph. 
     
  (4) The caregiver ensures that, at least once a month, a physician monitors 
each child who is receiving psychotropic medications. To demonstrate compliance 
with this requirement, the medical records of children who receive psychotropic 
medications include documentation of monthly monitoring by a physician. 
     
  (c) Recreation and leisure. The caregiver's recreational and leisure-time 
activities are designed to be therapeutic for the children who have been placed 
with the caregiver. To document compliance with this standard, the caregiver 
prepares and maintains a written statement: 
 
  (1) describing the recreational and leisure-time activities available to 
children in the caregiver's care; and 
   
  (2)  explaining their therapeutic value. 
     
  (d) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. The caregiver also documents: 
 
  (1) that there is: 
 
  (A) a written agreement between the caregiver and the school district: 
 
  (i) outlining the responsibilities of each party; and 
   
  (ii)  including procedures for resolving conflicts; or 
     
  (B) a written description of the relationship between the caregiver and the 
school district; and 
     
  (2) that the educational services provided to the child are provided by or 
through: 
 
  (A) a public school accredited by the Texas Education Agency (TEA); 
   
  (B) a special "non-public-school" educational program approved by the TEA; 
   
  (C) a private or other nonpublic school accredited under the requirements of 
the Texas Private School Accreditation Commission (TPSAC); or 
   
  (D) a private or other nonpublic school that has applied for accreditation 
under the requirements of the TPSAC. 
       
  (e) Therapeutic support. 
 
  (1) In an environment that is designed to improve the child's functioning, the 
caregiver arranges for the child to receive appropriate therapeutic 
interventions. To comply with this standard, the caregiver ensures that the five 
conditions specified in subparagraphs (A)-(E) of this paragraph are satisfied: 
 
  (A) The caregiver's overall program design and structured daily routines 
support the treatments and services specified in each child's service plan. 
   
  (B)  The caregiver develops an initial treatment plan for each child within 72 
hours of the child's admission. 
   
  (C) The caregiver arranges for each child to receive a diagnostic assessment 
within 40 days of admission. The assessment must address the child's physical, 
psychological, behavioral, familial, social, and educational condition and 
needs. 
   
  (D) A treatment plan is developed for each child within 40 calendar days of 
the child's admission. The plan must be based on the diagnostic assessment 
specified in subparagraph (C) of this paragraph, and it must include: 
 
  (i)  an estimate of the length of time the child will remain in substitute 
care; 
   
  (ii) a description of the goals of treatment; 
   
  (iii)  specific instructions for staff; 
   
  (iv) a discharge plan; and 
   
  (v) documentation of: 
 
  (I) the plan having been shared with the child and the child's parents or 
managing conservator; and 
   
  (II) the child's treatment to date in the level-04 facility. 
       
  (E)  The child's diagnostic assessment and treatment plan are developed by: 
 
  (i) an interdisciplinary team; or 
   
  (ii) a full-time staff member who has: 
 
  (I) three years of experience in treating emotionally disturbed clients, 
including at least one year in residential setting(s); and 
   
  (II) either: 
 
  (-a-) a master's degree in a mental health field from an accredited college or 
university; or 
   
  (-b-) TDPRS certification as a social worker. 
           
  (2) The caregiver provides all direct-care staff with ongoing training in 
therapeutic treatment modalities, service programming, and behavior management. 
To comply with this standard, the caregiver ensures that the three conditions 
specified in subparagraphs (A)-(C) of this paragraph are satisfied: 
 
  (A) New child-care staff without previous experience in a residential setting 
receive at least 40 hours of supervised child-care experience in the facility 
before being assigned sole responsibility for any group of children. An 
experienced child-care staff member is physically available to each new staff 
member at all times, until the new staff member acquires the supervised 
experience specified in this indicator. The caregiver documents the supervised 
child-care experience of every staff member who provides direct care to 
children. 
   
  (B) Every year, each staff member who provides direct care to children 
receives training in the management of aggressive behavior. Staff cannot be 
counted in the caregiver's staff-to-child ratios until they receive such 
training. 
   
  (C) Every year, each staff member who provides direct care to children 
receives at least 50 hours of formal training in the caregiver's therapeutic 
treatment modalities, service programming, and behavior management program. The 
40 hours of supervised child-care experience that new staff must acquire as 
specified in subparagraph (A) of this paragraph cannot be counted towards the 
training requirement specified in this subparagraph. (Note: First-aid and 
cardiopulmonary-resuscitation training cannot be counted towards meeting the 
training requirement specified in this subparagraph.) 
     
  (3)  The caregiver arranges formal therapeutic interactions between 
professional therapists (or counselors) and children who need formal therapy or 
counseling, such as individual, group, and family therapy. To demonstrate 
compliance with this standard, either: 
 
  (A) the caregiver meets TCADA's licensing requirements for residential 
facilities that treat adolescent substance abuse; or 
   
  (B) the caregiver: 
 
  (i)  provides written documentation of the treatment-plan strategies developed 
for, and the hours of therapeutic services and types of intervention provided 
to, the children in the caregiver's care; 
   
  (ii) documents the number of professional staff scheduled to provide formal 
therapeutic interactions; 
   
  (iii) has enough appropriately qualified professional staff available on a 
full-time, part-time, or consulting basis to assess and address the needs of all 
the children in the caregiver's care; 
   
  (iv) has a professional-staffing plan that: 
 
  (I) includes a detailed description of the qualifications, responsibilities, 
and authority of every professional position; 
   
  (II) indicates whether each such position is filled on a full-time, part-time, 
or consulting basis; and 
   
  (III) for each position filled on a part-time or consulting basis, specifies 
the frequency and hours of service; and 
     
  (v) has ensured that the professional-staffing plan assigns responsibilities 
for conducting diagnostic assessments, developing and reviewing treatment plans, 
and providing treatment services. 
         
  (f) Staff-to-child ratio. The caregiver's staff-to-child ratio meets 
applicable licensing, certification, or monitoring standards. 
 
  (1) At a minimum, the caregiver meets applicable staffing requirements or 
standards established by: 
 
  (A)  TDPRS; 
   
  (B) the Texas Youth Commission; 
   
  (C) the Texas Department of Mental Health and Mental Retardation; or 
   
  (D) TCADA for residential facilities that treat adolescent substance abuse. 
     
  (2) The caregiver's written staffing plan documents the caregiver's ability to 
provide staff who remain awake throughout the night whenever necessary to meet 
the needs of a particular child. 
 
       
  sec.700.2406. Level-05 Standards. 
 
  (a) The child's service needs. The foster caregiver has a highly structured 
program to maintain or improve the functioning of children who have severe 
emotional or behavioral disorders and who present a moderate-to-severe risk of 
causing harm to themselves or others. To help demonstrate compliance with this 
standard, the caregiver prepares and maintains a written statement describing 
the caregiver's service program and explaining how the program is structured to 
maintain or improve the functioning of children in the caregiver's care. 
   
  (b) Medical care. The caregiver ensures that medical and psychiatric services 
are available on call 24 hours a day. To this end, the caregiver has a written 
plan, agreement, or contract to provide 24-hour on-call medical and psychiatric 
services. The plan includes provisions for timely access to medical and 
psychiatric services in emergencies. 
   
  (c) Recreation and leisure. The caregiver provides recreational services to 
each child according to an individual recreation plan designed for the child by 
an interdisciplinary team of professionals who are qualified to address the 
child's needs. To help document compliance with this standard, each child's 
treatment plan includes the recreation plan designed by the interdisciplinary 
team. 
   
  (d) Education. Within the limits of state and federal law, the caregiver gives 
the child access to free, appropriate public education and related services 
through the local public school district. To ensure 24-hour programmatic 
consistency, all educational (and related) services provided to the child are 
coordinated with the child's treatment plan. 
 
  (1) The caregiver ensures that appropriate schooling is available, either at 
the child's school or elsewhere through an alternative education program, for 
each child in the caregiver's care who qualifies for an individual education 
plan under: 
 
  (A) the Education for All Handicapped Children Act of 1975 (Public Law 94-
142); and 
   
  (B) the Texas Education Agency's admissions, review, and dismissal process. 
     
  (2) The caregiver coordinates the child's educational and treatment plans, and 
documents their consistency. 
     
  (e) Therapeutic support. The caregiver establishes an interdisciplinary team 
of professionals to develop, review, and supervise each child's treatment plan. 
The interdisciplinary team has enough professional expertise and experience to: 
 
  (1) identify each child's particular needs; 
   
  (2) make an accurate diagnostic assessment and develop an appropriate 
treatment plan; 
   
  (3) periodically review the assessment and treatment plan; and 
   
  (4) supervise the child's treatment. 
     
  (f)  Staff-to-child ratio. The caregiver has enough staff to supervise each 
child 24 hours a day. To this end, the caregiver ensures that the conditions 
specified in paragraphs (1)-(4) of this subsection are satisfied: 
 
  (1)  The caregiver documents its child-care staffing patterns and assignments 
in writing. The documentation includes the caregiver's staff-to-child ratios, 
hours of coverage, and plans for providing backup staff in emergencies. 
   
  (2) The caregiver's written staffing plan documents the caregiver's ability to 
provide one-on-one staffing around the clock whenever necessary to meet the 
needs of a particular child. 
   
  (3) During waking hours, the caregiver maintains the appropriate minimum ratio 
of direct-care staff to children specified in the following chart: 
       
  <ol>Figure 1: 40 TAC sec.700.2406(f)(3) 
 
  (4) During sleeping hours, the caregiver meets whichever one of the following 
three staffing requirements is applicable: 
     
  <ol>Figure 2: 40 TAC sec.700.2406(f)(4) 
 
   
  sec.700.2407. Level-06 Standards. <ol> For a foster caregiver to serve 
children at level-of-care (LOC) 06, one of the conditions specified in 
paragraphs (1)-(4) of this section must be satisfied: 
 
  (1) The caregiver meets the Texas Department of Mental Health and Mental 
Retardation's Community Standards for Individuals with Mental Retardation<ol>. 
   
  (2)  The caregiver meets the Texas Department of Protective and Regulatory 
Services' (TDPRS's) Requirements for Child-Placing Agencies and Agency Homes 
Providing Care for Mentally Retarded Children with Primary Medical Needs <ol>. 
   
  (3) The caregiver meets TDPRS's Requirements for Child-Placing Agencies and 
Agency Homes Serving Children with Autistic-Like Behavior<ol>. 
   
  (4) A licensed residential treatment center that meets the requirements 
specified in sec.700.2406 of this title (relating to Level-05 Standards) for 
serving children at LOC 05 may provide services to a child at LOC 06 if: 
 
  (A) the residential treatment center and the agency placing the child there 
enter into a written agreement to provide the child with level-06 care in the 
residential treatment center; 
   
  (B) the agreement permits the treatment center to receive payment at the 
level-06 rate for as many as 90 days; 
   
  (C) the agreement is subject to reevaluation and renewal after 90 days; 
   
  (D) the agency placing the child in the treatment center reviews the child's 
treatment every 90 days; and 
   
  (E)  the level-05 treatment plan is expanded to include: 
 
  (i) a description of the emotional, behavioral, and physical conditions that 
require level-06 services; 
   
  (ii) a description of the emotional, behavioral, and physical conditions the 
child must achieve and maintain to be assigned a lower level of care; 
   
  (iii) a description of the special treatment program and other services and 
activities planned to help the child achieve and maintain a condition requiring 
a lower level of care; 
   
  (iv) a description of the educational and experiential qualifications of the 
staff members assigned to work with the child; 
   
  (v)  a description of all new and all unusual medical procedures and drug 
therapies indicated in the child's treatment plan; and 
   
  (vi)  criteria for reevaluating the child's condition after 90 days and 
deciding whether to: 
 
  (I) continue the placement at LOC 06; 
   
  (II)  continue the placement at a lower level of care; or 
   
  (III)  transfer the child to: 
 
  (-a-) a facility licensed to provide care at LOC 06; or 
   
  (-b-) a licensed inpatient hospital. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on April 13, 1995. 
 TRD-9504579 
  Nancy Murphy 
 Section Manager, Media and Policy Services 
 Texas Department of Protective and Regulatory Services 
    Proposed date of adoption: June 15, 1995 
 For further information, please call: (512) 450-3765