ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 19. Seed Division Texas Seed Law 4 TAC sec.19.3 The Texas Department of Agriculture (the department) adopts an amendment to sec.19.3, concerning noxious weed seeds, without changes to the proposed text as published in the September 5, 1995, issue of the Texas Register (20 TexReg 6876). The amendment is adopted to add tropical soda apple ( Solanum viarum Dunal) seeds to the existing list of prohibited noxious weed seeds. The amendment will enable Noxious Weed Control Districts to establish guidelines for keeping this noxious weed out of agricultural producing areas. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.61.003, which provides the Texas Department of Agriculture with the authority to classify and define weed seeds by rule. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on December 29, 1995. TRD-9516865 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: January 19, 1996 Proposal publication date: September 5, 1995 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS Part XV. Texas State Board of Pharmacy Chapter 291. Pharmacies All Classes of Pharmacy 22 TAC sec.291.10 The Texas State Board of Pharmacy adopts new sec.291.10, concerning Pharmacy Balance Registration, with changes to the proposed text as published in the September 15, 1995, issue of the Texas Register (20 TexReg 7256). The changes included dividing the rule into three subsections; definitions, registration, and inspection; adding a definition for the term pharmacy balance; and clarification of the action required if a pharmacy balance does not pass the accuracy inspection. The new rule outlines the procedure for registering and inspecting balances used for the compounding of drugs in pharmacies. The registration and inspection of pharmacy balances is being transferred from the Texas Department of Agriculture to the Texas State Board of Pharmacy. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1), sec.16(a), which gives the Board the authority to adopt rules for the proper administration and enforcement of the Act; and House Bill 1505 passed by the 74th Legislature which gives the Board the authority to annually register balances used for compounding of drugs in pharmacies licensed in this state and the periodic inspection of such balances to verify accuracy. sec.291.10. Pharmacy Balance Registration/Inspection. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Pharmacy balance-An instrument for weighing ingredients used in the compounding of drugs in a pharmacy. The term pharmacy balance includes balances and scales. (b) Registration- (1) A pharmacy shall annually register each pharmacy balance used in the compounding of drugs. The fee for the annual registration shall be $12.50 per pharmacy balance. (2) The annual registration fee for the 1995-1996 renewal cycle shall be prorated to establish staggered expiration dates which coincide with the pharmacy license expiration date. (3) New registrations issued after September 1, 1995, shall be assigned an expiration date that coincides with the pharmacy license expiration date. (c) Inspection- (1) The Board shall periodically inspect pharmacy balances to verify accuracy. (2) If a pharmacy balance fails the accuracy inspection, the following is applicable: (A) The pharmacy balance may not be used in the compounding of drugs until it is repaired by an authorized repair person. (B) A tag indicating that the pharmacy balance failed the inspection and may not be used shall be placed on the pharmacy balance. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 2, 1996. TRD-9516882 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: January 23, 1996 Proposal Publication date: September 15, 1995 For further information, please call: (512) 305-8028 Part XXI. Texas State Board of Examiners of Psychologists Chapter 463. Applications 22 TAC sec.463.23 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.463.23, concerning Oral Exam Requirement, with changes to the proposed text as published in the October 17, 1995, issue of the Texas Register (20 TexReg 8388). The rule is being amended to conform with the Psychologists' Certification and Licensing Act by allowing the Board to waive the requirement of an oral exam for the purposes of licensure as a psychologist if the applicant is a Diplomate of the American Board of Examiners in Professional Psychology. The amendment will ensure that consumers will receive quality psychological services at the earliest possible date. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. sec.463.23. Oral Exam Requirement. To be eligible for licensure as a psychologist, all certified psychologists shall be required to take and pass the oral exam administered by the Board. The Board shall waive this requirement for Diplomates of the American Board of Examiners in Professional Psychology. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 29, 1995. TRD-9516879 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: January 23, 1996 Proposal publication date: October 17, 1995 For further information, please call: (512) 305-7700 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 15. Medicaid Eligibility The Texas Department of Human Services (DHS) adopts amendments to sec.sec.15. 100, 15.215, 15.450, 15.455, and 15.502; and new sec.15.453, concerning long- term care insurance policies; Veterans Administration contracts; deeming of income from a spouse; Retirement, Survivors, and Disability Insurance (RSDI) and Supplemental Security Income (SSI) recoupments; and incurred medical expenses, in its Medicaid Eligibility rule chapter, without changes to the proposed text as published in the November 7, 1995, issue of the Texas Register (20 TexReg 9261). The justification for the amendments and new section is to provide policy clarifications regarding long-term care Medicaid eligibility rules. The amendments and new section will function by ensuring eligibility policy is applied consistently, statewide. Two comments were received regarding adoption of the amendments and new section. The comments, which addressed the addition of the words "medically necessary" to describe routine dental services in sec.15.502(b)(1), were received from the Texas Dental Association and Texas Health Care Association. The department included in the rule an already existing procedure to ensure that the attending practitioner of a Medicaid client in a long-term care institution setting is aware of all services provided to the client and to prevent inappropriate services. DHS is adopting this rule without change to the proposed text. Subchapter A. General Information 40 TAC sec.15.100 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code, sec. sec.22.001-22.024 and sec.sec.32.001-32.042. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 2, 1996. TRD-9516892 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 1, 1996 Proposal publication date: November 7, 1995 For further information, please call: (512) 438-3765 Subchapter B. Medicare and Third-Party Resources 40 TAC sec.15.215 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code sec. sec.22.001-22.024 and sec.sec.32.001-32.042. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 2, 1996. TRD-9516894 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 1, 1996 Proposal publication date: November 7, 1995 For further information, please call: (512) 438-3765 Subchapter E. Income 40 TAC sec.sec.15.450, 15.453, 15.455 The amendments and new section are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments and new section implement the Human Resources Code, sec.sec.22. 001-22.024 and sec.sec.32.001-32.042. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 2, 1996. TRD-9516895 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 1, 1996 Proposal publication date: November 7, 1995 For further information, please call: (512) 438-3765 Budget and Payment Plans 40 TAC sec.15.502 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code sec. sec.22.001-22.024 and sec.sec.32.001-32.042. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 2, 1996. TRD-9516896 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 1, 1996 Proposal publication date: November 7, 1995 For further information, please call: (512) 438-3765