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 16. ECONOMIC REGULATION Part VI. Texas Motor Vehicle Commission Chapter 101. Practice and Procedure 16 TAC sec.101.63 The Motor Vehicle Board of the Texas Department of Transportation proposes an amendment to sec.101.63, concerning filing of documents for consideration by board members. The amendments require an original and six copies of any document submitted for board consideration be filed with the Motor Vehicle Division 17 days prior to the meeting. Brett Bray, Director, Motor Vehicle Division, 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. There will be no significant impact on local economies or overall employment as a result of enforcing or administering the sections. Mr. Bray also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the section will be the more effective scheduling and decision making in contested cases by the Board. Comments on the proposed rules (ten copies) may be submitted to Brett Bray, Director, Motor Vehicle Division, P.O. Box 2293, Austin, Texas 78768. The Texas Motor Vehicle Board will conduct a public hearing to consider the proposed rules at its meeting on March 7, 1996. The deadline for receipt of comments on the proposed new sections will be 5:00 p.m., on February 21, 1996. The amendment is proposed under the Texas Motor Vehicle Commission Code, sec.3.06, which provides the Board with authority to adopt rules necessary and convenient to effectuate the provisions of the Act. sec.101.63. Filing of Documents for Consideration by Commission Members. Any document filed in a
    [by a party to a] contested case for consideration by the members of the commission in their decision of the case must be filed with the commission at least 17
      [15] days prior to the date of the commission meeting at which the case is scheduled for consideration and decision. Any document not filed within such time will not be considered by the members of the commission at that meeting. No contested case will be scheduled for consideration and decision so as to preclude any party from filing any document required or permitted to be filed in a contested case by law or under the commission's rules, in compliance with the previous filing requirement. For good cause shown, the commission may waive or shorten the time
        requirement for [the] filing of a document
          [all documents] prior to any commission meeting. Any document filed for consideration by the members of the commission must include six copies along with the original. 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 February 1, 1996. TRD-9601525 Brett Bray Director, Motor Vehicle Division Texas Motor Vehicle Commission Proposed date of adoption: April 11, 1996 For further information, please call: (512) 505-5102 TITLE 22. EXAMINING BOARDS Part XIV. Texas Optometry Board Chapter 275. Continuing Education 22 TAC sec.275.1, sec.275.2 The Texas Optometry Board proposes amendments to sec.275.1 and sec.275.2, to inform licensees and sponsors of continuing education of the procedures to be followed in submitting proof of hours to the Board Office, and to remove the requirement of optometric sponsorship for individual providers of continuing education. Lois Ewald, executive director of the Texas Optometry Board, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state and local governments as a result of enforcing or administering the rules. Ms. Ewald also has determined that for each of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules is that licensees will be able to obtain ongoing education from a number of sources enabling each to maintain a license to practice optometry and enhance their practice techniques. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rules as proposed. Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701- 3942. The deadline for furnishing comments is March 15, 1996. The amendments are proposed under the Texas Optometry Act, Texas Civil Statutes, Article 4552, sec.2.14 and sec.4.01B, which provides the Texas Optometry Act with the authority to promulgate rules. The Texas Optometry Board interprets sec.2.14 as authorizing it to adopt procedural and substantive rules for the regulation of the optometric profession. The Board interprets sec.4.01B as authorizing it to interpret the continuing education requirements established by the Act. sec.275.1. General Requirements. (a) The Act requires each optometrist licensed in this state to take 16 hours of continuing education per calendar year with at least six hours in the diagnosis or treatment of ocular disease.
            The calendar year is considered to begin January 1 and run through December 31. (b) The board accepts for continuing education credit all courses sponsored by any board-accredited college or schools of optometry and such other programs or courses of other organizations as are approved by the board upon recommendation from the Continuing Education Committee, appointed by the Board Chair. The Continuing Education Committee will consider, among other things in its discretion, the following criteria in approving courses: (1)-(2) (No change.) (3) courses meeting evaluation standards and receiving approval of [the American Optometric Association Commission on Continuing Optometric Education or]the International Association of Boards of Examiners in Optometry will be granted automatic approval; (4)-(6) (No change.) [(7) courses sponsored by or given by a contact lens or optical manufacturer or by a commercial concern may be given approval provided that a synopsis of the courses and names and results of the lecturers be provided to the board for approval in sufficient time to receive approval 90 days in advance of the scheduled date of the courses;] (7)
              [(8)] courses sponsored by individual providers may be approved but must supply the committee with a synopsis of the lecture material to be presented, as well as resumes of the lecturers.
                [Individual continuing education providers seeking approval of courses must be sponsored by an optometric group and must supply the committee with a synopsis of the lecture material to be presented, as well as a resume.] (c)-(e) (No change.) (f) Written proof of attendance and completion of approved courses must be supplied by the licensed optometrist to the board in conjunction with the renewal application for an optometry license. If the licensed optometrist is practicing in Texas, the licensee should submit the original proof of attendance or the approved sponsors of continuing education may submit to the board written proof of attendance and completion of approved courses on behalf of the licensed optometrist. Information such as the following will be required: sponsoring organizations; location and dates; course names; instructors; names of attendee; number of education hours completed; and any other information deemed necessary by the board. Proof of attendance supplied by the sponsor should contain at least one signature of the sponsor's designee.
                  [Forms must be properly signed by the education chairman or an education session assistant verifying attendance at the particular course. Applicable forms will be available from the Texas Optometry Board office.] sec.275.2. Required Education. (a)-(f) (No change.) (g) Diagnostic or therapeutic are required
                    education courses. [Beginning January 1, 1993, a minimum of six hours of the mandatory sixteen hours will be required per calendar year in diagnostic or therapeutic continuing education.] 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 January 31, 1996. TRD-9601396 Lois Ewald Executive Director Texas Optometry Board Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 305-8500 Chapter 277. Practice and Procedure 22 TAC sec.277.1 The Texas Optometry Board proposes an amendment to sec.277.1, to inform the licensees that a biomicroscopy examination described by the Texas Optometry Act, Texas Civil Statutes, Article 4552, sec.5.12, requires the use of a slit lamp. Lois Ewald, executive director of the Texas Optometry Board, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state and local governments as a result of enforcing or administering the rule. Ms. Ewald also has determined that for each of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to obtain quality eye examinations established as a basic competency requirement of optometrists. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701- 3942. The deadline for furnishing comments is March 15, 1996. The amendment is proposed under Texas Civil Statutes, Article 4552, sec.2.14 and sec.5.12, which provide the Texas Optometry Board with the authority to promulgate rules. The Texas Optometry Board interprets sec.2.14 as authorizing it to adopt procedural and substantive rules for the regulation of the optometric profession. The Board interprets sec.5.12 as authorizing it to determine that a biomicroscopy examination requires the use of a slit lamp. sec.277.1. Complaint Procedures. (a)-(b) (No change.) (c) Investigation-Enforcement Committee. (1)-(3) (No cChange.) (4) Basic Competence Violations. (A) The omission of a single, essential finding shall be reason for an investigational hearing or informal conference. The following findings are essential in the initial examination of a patient: (i) Biomicroscopy slit lamp
                      examination (lids, cornea, sclera, etc.); (ii)-(iv) (No change.) (B)-(D) (No change.) 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 January 31, 1996. TRD-9601393 Lois Ewald Executive Director Texas Optometry Board Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 305-8500 Chapter 279. Interpretations 22 TAC sec.279.5 The Texas Optometry Board proposes an amendment to sec.279.5, to inform the licensees that a biomicroscopy examination described by the Texas Optometry Act, Texas Civil Statutes, Article 4552, sec.5.12, requires the use a slit lamp. Lois Ewald, executive director of the Texas Optometry Board, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state and local governments as a result of enforcing or administering the rule. Ms. Ewald also has determined that for each of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to obtain quality eye examinations established as a basic competency requirement of optometrists. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701- 3942. The deadline for furnishing comments is March 15, 1996. The amendment is proposed under Texas Civil Statutes, Article 4552, sec.2.14 and sec.5.12, which provide the Texas Optometry Board with the authority to promulgate rules. The Texas Optometry Board interprets sec.2.14 as authorizing it to adopt procedural and substantive rules for the regulation of the optometric profession. The Board interprets sec.5.12 as authorizing it to determine that a biomicroscopy examination requires the use of a slit lamp. sec.279.5. Board Interpretation Number Five. (a)-(d) (No change.) (e) The optometrist or therapeutic optometrist shall, in the initial examination of the patient, make and record, if possible, the following findings of the condition of the patient, but not necessarily limited to the following findings: (1) biomicroscopy slit lamp
                        examination (lids, cornea, sclera, etc.) (2)-(6) (No change.) (f) (No change) 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 January 31, 1996. TRD-9601394 Lois Ewald Executive Director Texas Optometry Board Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 305-8500 22 TAC sec.279.7 The Texas Optometry Board proposes an amendment to sec.279.7, to inform the licensees that a biomicroscopy examination described by the Texas Optometry Act, Texas Civil Statutes, Article 4552, sec.5.12, requires the use of a slit lamp. Lois Ewald, executive director of the Texas Optometry Board has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state and local governments as a result of enforcing or administering the rule. Ms. Ewald also has determined that for each of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to obtain quality eye examinations established as a basic competency requirement of optometrists. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701- 3942. The deadline for furnishing comments is March 15, 1996. The amendment is proposed under Texas Civil Statutes, Article 4552, sec.2.14 and sec.5.12, which provide the Texas Optometry Board with the authority to promulgate rules. The Texas Optometry Board interprets sec.2.14 as authorizing it to adopt procedural and substantive rules for the regulation of the optometric profession. The Board interprets sec.5.12 as authorizing it to determine that a biomicroscopy examination requires the use of a slit lamp. sec.279.7. Board Interpretation Number Seven. (a) In order to insure an adequate examination of a patient for whom an optometrist or therapeutic optometrist prescribes contact lenses, in the initial examination of the patient, the optometrist or therapeutic optometrist shall make and record, if possible, the following findings of the condition of the patient: (1)-(2) (No change) (3) biomicroscopy slit lamp
                          examination (lids, cornea, sclerla, etc.); (4)-(10) (No change.) (b)-(f) (No change) 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 January 31, 1996. TRD-9601395 Lois Ewald Executive Director Texas Optometry Board Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 305-8500 Part XX. Texas Board of Private Investigators and Private Security Agencies Chapter 435. Training Programs 22 TAC sec.435.3 The Texas Board of Private Investigators and Private Security Agencies proposes an amendment to sec.435.3, concerning Certificate of Completion. This amendment clearly defines the requirements for certificates of completion for Level One, Two, and Three training courses which are required for various members of the private security and private investigation industry. The Board has determined that this amendment is necessary in order to ensure that sufficient training records are kept on all private security and private investigation registrants. Clema D. Sanders, executive director, 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. Ms. Sanders 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 all registrants in the private security and private investigation industry have received adequate training. There will be minimal effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Clema D. Sanders, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 4413(29bb), sec.11(a)(3), which provide the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act." The following is the statute that is affected by this amendment: Texas Civil Statutes, Article 4413(29bb). sec.435.3. Certificate of Completion. (a) There shall be four
                            [two] separate certificates of completion[, one] for the [basic firearm] training course , one for each level of training,
                              and one for the firearm requalification course. (b) All
                                [Both] certificates of completion shall contain the: (1)-(5) (No change.) (c) The basic course certificate shall contain both the dates of final completion of the entire course and the specific date of firearm qualification on Level Three certificates
                                  . (d) The Level One
                                    course certificate shall contain the words "has successfully completed the Level One
                                      [basic security officer] training course approved by the Texas Board of Private Investigators and Private Security Agencies". (e) The Level Two course certificate shall contain the words "has successfully completed the Level Two training course approved by the Texas Board of Private Investigators and Private Security Agencies". (f) The Level Three course certificate shall contain the words "has successfully completed the Level Three training course approved by the Texas Board of Private Investigators and Private Security Agencies". (g)
                                        [(e)] The firearm requalification certificate shall contain the words "has successfully completed the firearms requalification training course approved by the Texas Board of Private Investigators and Private Security Agencies". 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 January 30, 1996. TRD-9601381 Clema D. Sanders Executive Director Texas Board of Private Investigators and Private Security Agencies Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 463-5545 Chapter 447. Advertisements 22 TAC sec.447.1 The Texas Board of Private Investigators and Private Security Agencies proposes an amendment to sec.447.1, concerning Address Shown in Advertisements. This amendment will allow licensees the option of using their mailing address in advertisements. The Board has determined that this amendment is necessary because many licensees use their homes as their principal place of business. Requiring these licensees to use their home address in advertisements could place them and their families in jeopardy. Clema D. Sanders has determined that for the first five-year period the section is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the section. Ms. Sanders 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 help ensure the safety of licensees and their families while still providing an address where consumers can contact them. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Clema D. Sanders, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711. The amendment is proposed under Texas Government Code, Article 4413(29bb), sec.11(a)(3), which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act." The following is the statute that is affected by this amendment: Texas Civil Statutes, Article 4413(29bb). sec.447.1. Address Shown in Advertisements. The address shown in advertisements shall be the principal place of business, mailing address
                                          or a licensee's branch office. 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 January 30, 1996. TRD-9601380 Clema D. Sanders Executive Director Texas Board of Private Investigators and Private Security Agencies Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 463-5545 Part XXII. Texas State Board of Public Accountancy Chapter 501. Professional Conduct Client Records 22 TAC sec.501.32 The Texas State Board of Public Accountancy proposes an amendment to sec.501.32, concerning Records. The proposed amendment recognizes that computer format information may be client records. William Treacy, executive director, 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. Mr. Treacy 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 a clear understanding that computer records may be client records. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The amendment is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. The amendment implements Texas Civil Statutes, Article 41a-1, sec.6. sec.501.32. Records. (a) Upon request, regardless of the status of the client or former client's account, a certificate or registration holder shall provide to the client or former client any accounting or other records, whether in the form of hard copy or computer readable format,
                                            belonging to, or obtained from or on behalf of, the client that
                                              [which] the certificate or registration holder removed from the client's premises or received on behalf of the client. The
                                                [, but the] certificate or registration holder may make and retain copies of such records
                                                  [documents] when they form the basis of
                                                    [for] work done by him. For a reasonable charge, a certificate or registration holder shall furnish to his client or former client, upon request made within a reasonable time after original issuance of the document in question: (1)-(3) (No change.) (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 18, 1996. TRD-9601506 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 22 TAC sec.501.33 The Texas State Board of Public Accountancy proposes an amendment to sec.501.33, concerning Working Papers. The proposed amendment recognizes that computer format information may also be working papers. William Treacy, executive director, 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. Mr. Treacy 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 a clear understanding that computer records may be client records. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The amendment is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. The amendment implements Texas Civil Statutes, Article 41a-1, sec.6. sec.501.33. Working Papers. (a) (No change.) (b) Working papers, whether in the form of hard copy or computer readable format,
                                                      are those papers developed by the certificate or registration holder incident to the performance of his/her engagement which do not result in changes to the client's records or are not in themselves part of the records ordinarily maintained by the client. (c)-(f) (No change.) 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 January 18, 1996. TRD-9601505 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 Other Responsibilities and Practices 22 TAC sec.501.41 The Texas State Board of Public Accountancy proposes an amendment to sec.501.41, concerning Discreditable Acts. The proposed amendment forbids a certificate holder in industry practice from disclosing information to a new employer which a previous employer has not authorized the employee to disclose. William Treacy, executive director, 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. Mr. Treacy 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 a clearer description of an act considered discreditable by the Board. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The amendment is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. The amendment implements Texas Civil Statutes, Article 41a-1, sec.6. sec.501.41. Discreditable Acts. (1)-(15) (No change.) (16) public allegations of a lack of mental capacity of a client which can not be supported in fact; [and] (17) causing a breach in the security of the CPA examination ; and
                                                        [.] (18) voluntarily disclosing information communicated to the certificate holder by an employer, past or present, or through the certificate holder's employment in connection with accounting services rendered to the employer, except: (A) by permission of the employer; (B) pursuant to the Government Code, Chapter 554 (commonly referred to as the "Whistle Blowers Act"); (C) in a court proceeding; (D) in an investigation or proceeding by the board under the Public Accountancy Act; or (E) in an ethical investigation conducted by a professional organization of certified public accountants. 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 January 18, 1996. TRD-9601504 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 Chapter 511. Certification as CPA Experience Requirements 22 TAC sec.511.124 The Texas State Board of Public Accountancy proposes an amendment to sec.511.124, concerning Acceptable Supervision. The proposed amendment eases one current restriction and allows supervision from someone not physically located in the office of the applicant. William Treacy, executive director, 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. Mr. Treacy 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 the easing of some current restrictions and allowing for methods of supervision other than from someone physically located in the office of the applicant. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The amendment is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.12, which requires applicants to satisfy experience requirements. The amendment implements Texas Civil Statutes, Article 41a-1, sec.6 and sec.12. sec.511.124. Acceptable Supervision. (a) Acceptable supervision must be performed by an individual holding an active license or permit in this state or another state. (1) Supervision is provided whenever the person being supervised reports to, is instructed by, is reviewed by, and is evaluated directly by the supervisor
                                                          . The supervisor in this capacity may [not be an outside auditor, but may] be in an intermediate level of supervision above the applicant or may be a CPA in any registered accounting firm if the following conditions are met: (A) the CPA firm is engaged to provide supervision, review, and evaluation of work; and (B) the supervision, review, and evaluation of work is performed on a routine and recurring basis to permit the CPA firm or other supervisor to provide documentation of work experience. [(2) Supervision is not diminished by short absences from the work site by the licensee/supervisor. For example, absences for meal time, coffee breaks, continuing education programs, vacations, and short-term illness are acceptable.] (2)
                                                            [(3)] Telecommunications equipment and computers may be used to facilitate
                                                              [enhance] supervision[; however, these devices may not be used in lieu of supervision on a full-time basis.] The board requires detailed documentation if such
                                                                devices are used to facilitate
                                                                  [enhance] supervision. (b) (No change.) 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 January 18, 1996. TRD-9601503 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 Chapter 523. Continuing Professional Education Continuing Professional Education Standards 22 TAC sec.523.32 The Texas State Board of Public Accountancy proposes an amendment to sec.523.32, concerning Ethics Course. The proposed amendment states what the board expects of ethics courses and ethics instructors. William Treacy, executive director, 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. Mr. Treacy 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 more focused and pertinent ethics courses for CPAs. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The amendment is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.15A, which requires licensees to complete continuing professional education. The amendment implements Texas Civil Statutes, Article 41a-1, sec.6 and sec.15A. sec.523.32. Ethics Course. (a) General. Each
                                                                    [Effective January 1, 1995, each] certificate or registration holder, unless granted retired or permanent disability status or other exemption, is required every three years to successfully complete a four- hour course of comprehensive study on the Rules of Professional Conduct of the board, offered through a board-registered provider of continuing professional education. [Before a provider of continuing professional education can offer this course, the contents of the course must be submitted to the continuing professional education committee of the board for prior approval. The court must be claimed as a non-technical course when reporting continuing professional education hours.] (b) Course content and board approval. Before a provider of continuing professional education can offer this course, the content of the course must be submitted to the continuing professional education committee of the board for prior approval. Course content shall be approved only after demonstrating, either in a live instructor format or in a self-study format, that the course contains the underlying intent established in the following criteria. (1) The course shall encourage the certificate or registration holder to educate himself or herself in the ethics of the profession, specifically the Rules of Professional Conduct of the board. (2) The course shall convey the intent of the board's Rules of Professional Conduct in the certificate or registration holder's performance of professional services, and not mere technical compliance. A certificate or registration holder is expected to apply ethical judgment in interpreting the rules and determining the public interest. The public interest should be placed ahead of self interest, even if it means a loss of job or client. (3) The primary objectives of a continuing professional education ethics course shall be to: (A) emphasize the ethical standards of the profession, as described in this section; and (B) review and discuss the board's Rules of Professional Conduct and their implications for certificate or registration holders in a variety of practices, including: (i) a certificate or registration holder engaged in the client practice of public accountancy who performs attest and non-attest services, as defined in sec.501.2 of this title (relating to Definitions); (ii) a certificate or registration holder employed in industry who provides internal accounting and auditing services; and (iii) a certificate or registration holder working in education or in government accounting or auditing. (4) An ethics course shall meet the requirements of the board's continuing professional education rules as described in Chapter 523 of this chapter (relating to Continuing Professional Education). Effective June 1, 1996, prior to offering and scheduling an ethics course, a sponsor shall: (A) insure that the instructor has completed the board's ethics training program at least every three years or as required by the board; (B) insure that the instructor's professional license has never been suspended or revoked for violation of the Rules of Professional Conduct; and (C) provide its advertising materials to the board's CPE Committee for approval. Such advertisements shall: (i) avoid commercial exploitation; (ii) identify the primary focus of the course; and (iii) be professionally presented and consistent with the intent of sec.501.43 of this title (relating to Advertising). (c) Evaluation. At the conclusion of each course, the sponsor shall administer testing procedures to determine whether the program participants have obtained a basic understanding of the course content, including the need for a high level of ethical standards in the accounting profession. 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 January 18, 1996. TRD-9601493 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 Chapter 527. Quality Review 22 TAC sec.527.9 The Texas State Board of Public Accountancy proposes new s527.9, concerning Procedures for a Sponsoring Organization. The proposed section states what the board expects of its quality reviews and quality reviewers. William Treacy, executive director, 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. Mr. Treacy 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 more focused quality reviews which should result in improved performance by CPAs. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The new section is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.15B, which requires licensees to undergo quality reviews of their work and work product. The new section implements Texas Civil Statutes, Article 41a-1, sec.15B. sec.527.9. Procedures for a Sponsoring Organization. (a) To qualify as a sponsoring organization, an entity must submit a quality review administration plan to the board for review and approval by the Quality Review Oversight Board (QROB). The plan of administration must: (1) establish a quality review report committee (QRRC) and subcommittees as needed, and provide professional staff as needed for the operation of the quality review program; (2) establish a program to communicate to firms participating in the quality review program the latest developments in quality review standards and the most common findings in the quality reviews conducted by the sponsoring organization; (3) establish procedures for resolving any disagreement which may arise out of the performance of a quality review; (4) establish procedures to resolve matters which may lead to the dismissal of a firm from the quality review program, and conduct hearings pursuant to those procedures; (5) establish procedures to evaluate and document the performance of each reviewer, and conduct hearings which may lead to the disqualification of a reviewer who does not meet the AICPA standards; (6) require the maintenance of records of quality reviews conducted under the program in accordance with the records retention rules of the AICPA; and (7) provide for periodic reports to the QROB on the results of the quality review program. (b) A sponsoring organization is subject to review by the board and the QROB. 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 January 18, 1996. TRD-9601502 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 22 TAC sec.527.10 The Texas State Board of Public Accountancy proposes new s527.10, concerning Quality Review Report Committees. The proposed new rule creates a committee and a mechanism for accepting quality review reports. William Treacy, executive director, 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. Mr. Treacy 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 closer supervision and review of quality review reports. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The new section is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.15B, which requires licensees to undergo quality reviews of their work and work product. The new section implements Texas Civil Statutes, Article 41a-1, sec.6 and sec.15B. sec.527.10. Quality Review Report Committee. A quality review report committee (QRRC) is comprised of CPAs practicing public accountancy and formed by a sponsoring organization for the purpose of accepting quality review reports submitted by firms on quality review engagements. (1) Each member of a QRRC must be active in the practice of public accountancy at a supervisory level in the accounting or auditing function while serving on the committee. The member's firm must be enrolled in an approved practice monitoring program and have received an unqualified report on its most recent quality review. A majority of the committee members must satisfy the qualifications required of on-site peer review team captains as established and reported in the AICPA Standards for Performing and Reporting on Peer Reviews, paragraph 76. (2) Each member of the QRRC must be approved for appointment by the governing body of the sponsoring organization. (3) In determining the size of the QRRC, the requirement for broad industry experience, and the likelihood of some members needing to recuse themselves during the consideration of some reviews a result of the members' close association to the firm or having performed the review, shall be considered. (4) No more than one QRRC member may be from the same firm. (5) The QRRC members' terms shall be staggered to provide for continuity and should not exceed three years, subject to annual review, except for the governing body's appointment of the committee's chair or for filling a vacancy on the committee. (6) A QRRC member may not concurrently serve as: (A) a member of his state's board of accountancy; or (B) a member of his state's CPA society's ethics committee. (7) A QRRC member may not participate in any discussion or have any vote with respect to a reviewed firm when the committee member lacks independence as defined in sec.501.11 of the board's Rules of Professional Conduct of this title (relating to Independence) or has a conflict of interest. Examples of conflicts of interest include, but are not limited to: (A) the member's firm has performed the most recent quality review of the reviewed firm's accounting and auditing practice; (B) the member served on the review team which performed the current or the immediately-preceding review of the enrolled firm; (C) the member serves on the state board of accountancy or state society ethics committee of any state in which any office of the enrolled firm is located; and (D) the member believes he cannot be impartial or objective. (8) Each QRRC member must comply with the confidentiality requirements of sec.15B(c) of the Public Accountancy Act of 1991. The sponsoring organization may annually require its QRRC members to sign a statement acknowledging their appointments and the responsibilities and obligations of their appointments. (9) A QRRC decision to accept a report must be made by not fewer than three members who satisfy the above criteria. 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 January 18, 1996. TRD-9601501 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 22 TAC sec.527.11 The Texas State Board of Public Accountancy proposes new s527.11, concerning Responsibilities of Quality Review Report Committees. The proposed new section explains the responsibilities of a new committee. William Treacy, executive director, 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. Mr. Treacy 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 closer supervision and review of quality review reports. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701-3900. The new section is proposed under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law, and sec.15B. The new section implements Texas Civil Statutes, Article 41a-1, sec.6 and sec.15B. sec.527.11. Responsibilities of Quality Review Report Committee. (a) The QRRC shall establish and administer the sponsoring organization's quality review program in accordance with the AICPA Standards for Performing and Reporting on Peer Reviews. (b) The QRRC shall, when necessary in reviewing reports on quality reviews, prescribe actions designed to assure correction of the deficiencies in the reviewed firm's system of quality control policies and procedures. (c) The QRRC shall monitor the prescribed remedial and corrective actions to determine compliance by the reviewed firm. (d) The QRRC shall resolve instances in which there is a lack of cooperation and disagreement between the committee and review teams or reviewed firms in accordance with the sponsoring organization's adjudication process. (e) The QRRC shall act upon requests from firms for changes in the timetable of their reviews. (f) The QRRC shall appoint members to subcommittees and task forces as necessary to carry out its functions. (g) The QRRC shall establish and perform procedures for insuring that reviews are performed and reported on in accordance with the AICPA Standards for Performing and Reporting on Peer Reviews. (h) The QRRC shall establish a report acceptance process which facilitates the exchange of viewpoints among committee members. (i) The QRRC shall communicate to the governing body of the sponsoring organization on a recurring basis: (1) problems experienced by the enrolled firms in their systems of quality control as noted in the quality reviews conducted by the sponsoring organization; (2) problems experienced in the implementation of the quality review program; and (3) a summary of the historical results of the quality review program. 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 January 18, 1996. TRD-9601500 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 505-5566 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 229. Food and Drug Administrative or Civil Penalties 25 TAC sec.229.261 The Texas Department of Health (department) proposes an amendment to sec.229.261, concerning assessment of administrative penalties authorized under Texas Health and Safety Code, Chapter 431 (Texas Food, Drug, and Cosmetic Act), Chapter 432 (Texas Food, Drug, Device, and Cosmetic Salvage Act), Chapter 437 (Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors), Chapter 466 (Regulation of Narcotic Drug Treatment Programs), Chapter 145 (Tanning Facility Regulation Act), and Chapter 146 (Tattoo Studio Act). The amendment will adjust the penalty ranges for each severity level and will include new examples of violations for each level. The amendments will also permit adjustments to penalties based upon successful implementation of an effective Hazard Analysis and Critical Control Point Plan or successful completion of an accredited Food Protection Management Course. Robert D. Sowards, Jr., Director, Manufactured Foods Division, has determined that for the first five-year period the proposed rule is in effect there would be minimal fiscal implications as a result of enforcing or administering the section as proposed. The effect on state government will be an increase in revenue occurring only as a result of enforced administrative penalties. There will be no fiscal implications to local governments. Mr. Sowards, Jr., has also determined that for each year of the first five years the section as proposed is in effect, the public benefit will be that public injury and illness will be reduced through more effective penalties and strategies to eliminate adulterated and misbranded foods, drugs, medical devices, and cosmetics from the market. There is no anticipated economic cost to small businesses or persons who may be required to comply with the section, unless they are in violation of these rules. There will be no effect on local employment. Comments on the proposal may be submitted to Robert D. Sowards, Jr., Director, Manufactured Foods Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 719-0243. Comments will be accepted for 30 days from the date of publication of this proposal. The amendment is proposed under Texas Codes Annotated, the Health and Safety Code sec.sec.431.241, 432.011, 437.056, 466.004, 145.011, 146.015, and 12. 001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The amendment affects Health and Safety Code, Chapters 431, 432, 437, 466, 145, and 146. sec.229.261. Assessment of Administrative or Civil Penalties. (a) Proposals for assessment of administrative or civil penalties. The department shall propose to assess administrative or civil penalties in accordance with the requirements of the Texas Health and Safety Code, Chapters 431, 432, 437, 466, 145, and 146
                                                                      [of the Texas Food, Drug and Cosmetic Act, Texas Civil Statutes, Article 4476-5; the Texas Food, Drug, Device, and Cosmetic Salvage Act, Texas Civil Statutes, Article 4476-5e; and the Synthetic Narcotic Drug Act, Texas Civil Statutes, Article 4476-11]. (b) Assessment of administrative or civil penalties and conduct of hearings. The department shall assess administrative or civil penalties and conduct hearings pursuant to those administrative penalties in accordance with the appropriate statute in subsection (a) of this section and rules adopted under it; the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a; and the department's formal hearing procedures in sec.sec.1.21-1.34
                                                                        [sec.sec.1.21-1.33] of this title (relating to Formal Hearing Procedures). (c) (No change.) (d) Severity levels. (1) Violations. The violation shall be categorized by one of the following severity levels. (A) Severity Level I covers violations that are most significant and have a significant
                                                                          [direct] negative impact on the public health and safety including, but not limited to, adulteration, misbranding, or false advertising that results in fraud. (B)-(E) (No change.) (2) (No change.) (3) Examples of severity levels. Several examples are set out in subsection (h)
                                                                            [(g)] of this section. (e) Levels of penalties. Except as provided for in subsection (f) of this section relating to tattoo studios, the
                                                                              [The] department will impose different levels of penalties for different severity level violations as follows: (1) Level I-$15,000-25,000
                                                                                [10,000]; (2) Level II-10,000-15,000
                                                                                  [7,500]; (3) Level III-5,000-10,000
                                                                                    [5,000]; (4) Level IV-2,500-5,000
                                                                                      [2,500]; and (5) Level V-1,000-2,500
                                                                                        [1,250]. (f) Levels of penalties for tattoo studios. The department will impose different levels of penalties for different severity level violations for tattoo studios as follows: (1) Level I-$4,000-5,000; (2) Level II-3,000-4,000; (3) Level III-2,000-3,000; (4) Level IV-1,000-2,000; and (5) Level V-250-1,000. (g)
                                                                                          [(f)] Adjustments to penalties. The department may make adjustments to the penalties listed in subsection (e) or (f)
                                                                                            of this section for any one of the following factors. (1) Previous violations. The department may consider previous violations. The penalty may be reduced or increased within the specified range of each severity level
                                                                                              [by as much as 50%] for past performance. Past performance involves the consideration of the following factors: how similar the previous violation was; how recent the previous violation was; the number of previous violations; and the violator's response to previous violation(s) in regard to correction of the problem. (2) Demonstrated good faith. The department may consider demonstrated good faith. The [base] penalty may be reduced within the specified range of each severity level
                                                                                                [as much as 50%] if good faith efforts to correct a violation have been, or are being made. Good faith effort will have to be determined on a case-by-case basis and be fully documented. (3) Hazard to the health and safety of the public. The department may consider the hazard to the health and safety of the public. The [base] penalty may be increased within the specified range of each severity level
                                                                                                  [by as much as 50%] when a direct hazard to the health and safety of the public is involved. It shall take into account, but need not be limited to, the following factors: whether any disease or injuries have occurred from the violation; whether any existing conditions contribute to a situation that could expose humans to a health hazard; whether a hazard to various segments of the population such as children, surgical patients, and the elderly exists; whether the consequences would be of an immediate or long-range hazard. (4) Implementation of a Hazard Analysis Critical Control Point (HACCP) Plan.
                                                                                                    [Adjustments to the values in paragraphs (1)-(3) of this subsection may not exceed the limitations in the appropriate statutes described in subsection (a) of this section.] (A) The department may consider implementation of a Hazard Analysis and Critical Control Point (HACCP) plan. The penalty may be reduced within the specified range of each severity level if the firm implements a HACCP plan which is effective in correcting the violations. The HACCP plan is a written document based on the principles of HACCP, a food safety control system, which delineates the procedures to be followed to assure the control of a specific process or procedure. The HACCP plan shall include: (i) an analysis of biological, chemical, or physical hazards that may cause a food to be unsafe for consumption and a list of steps in the process where significant hazards occur with descriptions of the preventive measures; (ii) identification of the critical control points (CCPs) in the process at which control can be applied and a food safety hazard can be prevented, eliminated, or reduced to acceptable levels; (iii) critical limits or specifications which must be met for each preventive measure associated with each identified CCP; (iv) CCP monitoring requirements and procedures for using the results to adjust the process and maintain control; (v) corrective actions to be taken when monitoring indicates there is a deviation from established critical limit; (vi) effective record-keeping procedures that document the HACCP system; and (vii) procedures for verification that the HACCP system is working correctly. (B) Correction of violations through implementation of the HACCP plan will be determined on a case-by-case basis. The HACCP plan and all required HACCP records shall be provided for review and copying upon request of an authorized agent of the Commissioner. All required HACCP records shall be maintained at the plant for two years or longer if the product remains in distribution. (5) Requirement of food manager training. The department may consider requirement of attendance and successful completion of a Food Protection Manager Certification course accredited by the department. The penalty may be reduced within the range specified for each severity level upon completion of such course by all managers of a food service or retail food store operation. (6) Adjustments. Adjustments to the values in paragraphs (1)-(5) of this subsection may not exceed the limitations in the appropriate statutes described in subsection (a) of this section. (h)
                                                                                                      [(g)] Examples of severity levels. The following examples of severity levels are neither exhaustive nor controlling. They reflect only the seriousness of the violation and not the history of previous violations, the hazard to the health and safety of the public, or the demonstrated good faith. (1) Severity I-most significant violations. (A) A foodborne disease outbreak occurs at a food establishment. Laboratory tests confirm a bacterial agent frequently associated with poor sanitary conditions. Investigation reveals the firm continued operating during a major sewage back-up in the food processing area.
                                                                                                        [A bakery manufacturers a food product that results in a foodborne illness requiring hospitalization for a large number of people. Laboratory results confirm that the product manufactured by the bakery caused the illness. An inspection of the bakery reveals poor sanitary practices]. (B) A foodborne disease outbreak occurs at a food establishment. Epidemiologic analysis identifies the food as the source of the illness. Follow- up investigation at the establishment reveals food temperature violations that posed a critical health hazard.
                                                                                                          [A firm markets a frozen orange juice concentrate. Laboratory results revealed that the product contains only a small amount of orange juice. Several million dollars worth of the product have been produced and sold.] (C) (No change.) (D) A firm manufactures an unapproved drug/medical device that is associated with an injury.
                                                                                                            [A manufacturer of drugs introduces into commerce a drug product which falsely claims that it is a cure for cancer.] (E) A firm distributes an unapproved drug/medical device that is associated with an injury, i.e. "cancer cure", "AIDS cure." (F) A narcotic treatment program's failure to conform to federal and state regulations is associated with the death or permanent injury of a patient. (G) A tattoo studio does not have an approved sterilizer and has complaints of infection associated with the application of tattoos. (H) A tanning facility replaces ultraviolet lamps in its tanning device with higher intensity, non-equivalent lamps or installs a timer for its tanning device which causes the device to exceed the maximum allowable exposure time determined by the manufacturer. Either of these changes result in second or third degree burns to a user of a device, requiring the user to seek medical attention. (I) A tanning facility fails to provide protective eyewear to a user of its tanning device which results in the user suffering corneal burns or other injuries to the eye. (2) Severity II-very significant violations. (A) Inspection
                                                                                                              [An inspection] of a [large volume] chocolate candy manufacturer reveals very poor sanitary practices. Laboratory results reveal the presence of pathogenic microorganisms in the candy. No cases of illness that could be traced to the candy have yet been reported. (B) Inspection of a food establishment reveals food temperature violations posing a potential health hazard. Laboratory tests confirm the food is contaminated with pathogenic microorganisms. No reported foodborne outbreaks have been reported to have occurred at the facility
                                                                                                                [A wholesale distributor of drugs holds for sale or sells a counterfeit drug]. (C) Inspection of a food establishment reveals the presence of plumbing violations possibly causing contamination of the facility's water supply. Laboratory analysis indicates the water supply is contaminated
                                                                                                                  [A manufacturer of drugs introduces into commerce a drug which has not been shown to be safe and effective and which has not received new drug approval]. (D) A grain dealer has distributed tons of corn for human consumption. Laboratory tests confirm the corn contains aflatoxin exceeding the tolerance. (E) A firm is distributing counterfeit drugs/medical devices. (F) A firm is manufacturing a potentially harmful drug/medical device. (G) A firm diverts dangerous drugs and/or controlled substances outside legal distribution channels or fails to take adequate steps to prevent illegal distribution. (H) A narcotic treatment program admits a patient or patients into maintenance treatment who does not meet the minimum standards for admission. (I) Evidence is discovered that a tattoo studio is tattooing minors. (J) A tanning facility replaces ultraviolet lamps in its tanning device with higher intensity, non-equivalent lamps or installs a timer on its tanning device which causes the device to exceed the maximum allowable exposure time determined by the manufacturer. No injuries were reported to have occurred as a result of either of these changes. (3) Severity III-significant violations. (A) Inspection of a food establishment reveals the presence of pooled sewage near the water well. There is no indication the water supply is contaminated, but there is a great potential for occurrence
                                                                                                                    [A restaurant owner continues to operate after being warned of potential contamination to the water system through back siphonage problems and sewage accumulation on floor near the dishwasher. No contamination has occurred, but there is a great potential for occurrence]. (B) Inspection of a food establishment reveals food ingredients contaminated by pests. None of the contaminated ingredients has been used for food
                                                                                                                      [Rodents have gained access to a bakery and burrowed into bags of flour and have built nests. Other lots of raw materials have also been rodent defiled in terms of urine stains detected on the outer bagging. Droppings are detected throughout the building and on pieces of equipment. None of the contaminated product was used in the production of food]. (C) A bottling plant has repeatedly produced soft drinks [in returnable containers] that contain foreign objects such as cigarette packages, tooth brushes, and other matter. (D) Inspection of a food establishment reveals the firm is operating without hot water
                                                                                                                        [An applicant for registration as a wholesale distributor of drugs falsified information required on the registration statement]. (E) Inspection of a food establishment reveals employees touching ready- to-eat foods with unclean hands. (F) Inspection of a food establishment reveals unclean, unsanitized food contact surfaces of equipment. (G) The operator of an establishment refuses to permit an authorized agent to conduct an inspection, collect samples, or otherwise perform his official duties. (H) A firm fails to comply with the current good manufacturing practices for finished pharmaceuticals/medical devices. (I) An applicant has falsified information on the wholesale drug/medical device application. (J) A narcotic treatment program delivers narcotic drugs to a patient without a physician's order. (K) A narcotic treatment program fails to perform any laboratory test. (L) A firm diverts over the counter drugs outside legal distribution channels or fails to take adequate steps to prevent illegal distribution. (M) A tattoo facility operator fails to report an injury or illness associated with a tattoo. (N) A tanning facility operator allows a consumer to be exposed to ultraviolet radiation from its tanning device more than once in a 24-hour period. (O) A sanitizer used to sanitize the body contact surfaces of a tanning device was tested and found to have an active ingredient concentration that is lower than recommended by the manufacturer. The body contact surfaces of a tanning device are tested and found to be positive for human pathogenic bacteria. No injuries to users were reported to have occurred as a result of this incident. (P) A tanning facility fails to report to the Texas Department of Health, injuries or illnesses associated with one of its tanning devices. (4) Severity IV-violations. (A) A frozen shrimp processor has failed to declare sodium bisulfite
                                                                                                                          [bisulphite] on the labeling of his five-pound
                                                                                                                            [five pound] and ten- pound
                                                                                                                              [ten pound] boxes of shrimp tails. (B) A cannery discovered a defective part on a closing machine which has resulted in the improper sealing of 360,000 cases of cut green beans. The entire lot has been shipped to five midwestern states. To date, no complaints have been received regarding any part of the lot. (C) Inspection of a food establishment reveals evidence of current pest activity, but no contaminated foods are identified
                                                                                                                                [A food manufacturer, after receiving notification, has refused to register]. (D) A firm is distributing drugs/medical devices that have been held outside of recommended storage temperatures. (E) A firm is distributing damaged and expired drugs/medical devices. (F) A firm is distributing drugs/medical devices labeled only in a foreign language. (G) An applicant has falsified information on a tattoo/tanning application or a drug/device salvage application. (H) A physician is administering or dispensing a narcotic drug to treat opiate addiction outside a licensed narcotic treatment program or detoxification hospital, not including addiction treatment performed as an incidental adjunct to medical or surgical treatment of conditions other than addiction. (I) The work surfaces in a tattoo studio are not properly cleaned and disinfected. (J) A tanning facility falsifies or fails to maintain information required to be kept in individual consumer records such as ultraviolet radiation exposure times, frequency of ultraviolet radiation exposures, or informed consent for minors. (5) Severity V-minor violations. (A)-(B) (No change.) (C) A food manufacturer fails to label or misbrands a product resulting in minor public health or fraudulent significance
                                                                                                                                  [Laboratory analyses of numerous samples of a particular lot of a vitamin product reveal subpotency in several ingredients]. (D) A firm has failed to obtain a required license or permit from the department
                                                                                                                                    [A methadone program fails to collect and test urine samples for the presence of illicit drug]. (E) A firm is distributing drugs/medical devices with inaccurate and misleading ingredient statements
                                                                                                                                      [The medical director of a methadone program fails to sign required patient records]. (F) A narcotic treatment program is not providing required counseling services for patients. (G) An inspection of a tattoo studio shows it to be unsanitary and in general disrepair. (H) Warning signs required to be posted in a tanning facility do not conform to Texas Department of Health size, design, and content standards for warning signs. 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 January 31, 1996. TRD-9601402 Susan K. Steeg General Counsel Texas Department of Health Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 458-7236 Chapter 229. Food and Drug Licensure of
                                                                                                                                        Tanning Facilities 25 TAC sec.sec.229.341-229.343, 229.345-229.352, 229.354-229. 357 The Texas Department of Health (department) proposes amendments to sec.sec.229.341-229.343, sec.sec.229.345-229.352, and sec.sec.229.354-229.357, concerning the tanning facility licensure standards. Specifically these sections cover purpose; applicable laws and regulations; and definitions; licensing of tanning facilities; licensing fees; revocation, cancellation, suspension and probation of a license; report of changes; advertising; warning signs; tanning devices; protective eyewear; records; injury reports; sanitation; and enforcement and penalties. The amendments update language to bring the sections into conformance with the statutory amendments passed during the 74th Texas Legislature. The amendments establish new licensure fees to allow the department to recover the costs associated with inspecting tanning facilities and administering the program. In addition, the amendments will prohibit the department from issuing or renewing tanning facility licenses to persons who operate sexually oriented businesses. The amendments will also allow the department to seek civil and administrative penalties for violations of Health and Safety Code, Chapter 145 (Tanning Facility Regulation Act). Cynthia T. Culmo, R.Ph., Director, Drugs and Medical Devices Division, Bureau of Food and Drug Safety, has determined that for the first five-year period the sections are in effect there will be fiscal implications as a result of enforcing or administering these sections as proposed. The effect on state government will be an estimated annual gain of $160,000 in fee-generated revenue. The administrative cost resulting from the increase in monitoring activities will be partially offset by the additional revenue generated by licensure fees. There are no anticipated fiscal implications for local government. Ms. Culmo has also determined that for each year of the first five years the sections are in effect the public benefit will be increased monitoring of tanning facilities resulting in the prevention of serious injuries to consumers from the use of misbranded and adulterated tanning devices. The anticipated economic cost to persons or small businesses who are required to comply with the sections as proposed will be an additional $115 annually in licensure fees. The increase in fees is necessary in order for the department to comply with recent statutory amendments which require the department to recover at least 50% of the costs associated with inspecting and administering the tanning facility licensure program. There will be no effect on local employment. Comments on the proposed amendments may be submitted to Thomas E. Brinck, Drugs and Medical Devices Division, Bureau of Food and Drug Safety, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756. Telephone inquiries may also be made to Mr. Brinck, at (512) 719-0237. Comments will be accepted for 30 days following the date of publication of this proposal in the Texas Register. In addition, a public hearing on the proposed amendments will be scheduled prior to the close of the comment period and will be announced in the Texas Register . The amendments are proposed under Health and Safety Code, sec.145.011, which provides the department with the authority to adopt necessary regulations pursuant to the enforcement of this Chapter; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. The amendments will affect Health and Safety Code, Chapter 145. sec.229.341. Purpose. These sections provide for the licensing
                                                                                                                                          [permitting] and regulation of tanning facilities using ultraviolet lamps as required by applicable federal and State laws and regulations. sec.229.342. Applicable Laws and Regulations. (a) (No change.) (b) Tanning devices are both electronic products and [medical] devices as defined by the Federal Food, Drug and Cosmetic Act, 21 United States Code, et seq. and as such are subject to the provisions of that act as well as those of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431, which requires the Texas Department of Health to adopt rules regulating devices, i.e. tanning devices. (c)-(f) (No change.) (g) Copies of these laws and rules are indexed and filed in the office of the Drugs and Medical Devices
                                                                                                                                            Division [of Food and Drugs], Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are available for inspection during normal working hours. sec.229.343. Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Adulterated-Has the meaning given in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, sec.431.111
                                                                                                                                              [Chapter 431], as interpreted in the rules of the board and judicial decision. Misbranded-Has the meaning given in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, sec.431.112
                                                                                                                                                [Chapter 431], as interpreted in the rules of the board and judicial decision. Reconditioning-Has the meaning given in the Texas Food, Drug, Device, and Cosmetic Salvage Act, Health and Safety Code, sec.432. 003
                                                                                                                                                  [Chapter 432], as interpreted in the rules of the board in s229.192 of this title (relating to Definitions
                                                                                                                                                    [Regulation of Food, Drug, Device and Cosmetic Salvage Establishments and Brokers]) and judicial decision. Tanning device -A device, as defined in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, s431.002
                                                                                                                                                      [Chapter 431], that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, including a sunlamp, tanning booth, or tanning bed. A tanning device is also classified as a [medical] device, as defined in the Federal Food, Drug and Cosmetic Act and the applicable Code of Federal Regulations. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails. Tanning facility -A business that provides persons access to or use of
                                                                                                                                                        tanning devices. sec.229.345. Licensing [Permitting] of Tanning Facilities. (a) A person shall
                                                                                                                                                          [may] not operate a tanning facility without a current and valid license
                                                                                                                                                            [permit] to operate the facility that is issued by the Texas Department of Health (department). A separate license is required for each tanning facility. (b) The license
                                                                                                                                                              [permit] shall be displayed in an open public area of the tanning facility. (c) Each person acquiring or establishing a tanning facility after the effective date of these sections shall apply to the department for a license
                                                                                                                                                                [permit] of such facility prior to beginning operation. (d) Unless the department revokes or suspends a license
                                                                                                                                                                  [permit] as provided in sec.229.347 of this title (relating to Revocation, Cancellation, Suspension and Probation of a License
                                                                                                                                                                    [Permit]), the initial license
                                                                                                                                                                      [permit] shall be valid for one year from the date of issuance which becomes the anniversary date. (e) The renewal license
                                                                                                                                                                        [permit] shall be valid for one year from the anniversary date. (f) Licenses
                                                                                                                                                                          [Permits] shall not be transferable from one person to another or from one tanning facility to another. (g) The initial
                                                                                                                                                                            application required in subsections (c) and (h) of this section shall be completed on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions. (h) Each tanning facility shall provide the following information upon initial
                                                                                                                                                                              application for a license
                                                                                                                                                                                [permit]: (1)-(7) (No change.) (8) copies of the informed
                                                                                                                                                                                  consent forms and statements which the consumer, parent or legal guardian will sign as required in s229.354 of this title (relating to Records); (9) procedures which the operator(s) will be required to follow for the correct use of tanning device(s), to include: (A)-(E) (No change.) (F) handling of complaints of injury or illness
                                                                                                                                                                                    from consumers; (G) (No change.) (10) signature of the owner verifying all information on the initial
                                                                                                                                                                                      application form. (i) Failure to complete the initial
                                                                                                                                                                                        application form may result in the denial of a license
                                                                                                                                                                                          [permit]. (j) The department will not issue a license under this section with respect to a facility that: (1) is operated under a license or permit as a sexually oriented business issued in accordance with Local Government Code, s243.007; (2) offers, as its primary business, a service or the sale, rental, or exhibition of a device or other item that is intended to provide sexual stimulation or sexual gratification to a customer; or (3) is owned or operated by a person who has been convicted of an offense under Penal Code, Chapter 21 or 43; or Penal Code, sec.71.02(a)(3). sec.229.346. Licensing [Permitting] Fees. (a) All tanning facilities in Texas shall pay an initial license
                                                                                                                                                                                            [permit] fee of $150
                                                                                                                                                                                              [$50]. (b) All tanning facilities shall pay an annual renewal fee of $150
                                                                                                                                                                                                [$35] each year following issuance of the initial license
                                                                                                                                                                                                  [permit]. (c) All tanning facilities shall pay a $100
                                                                                                                                                                                                    [$25] delinquency fee if the license
                                                                                                                                                                                                      [permit] renewal fee
                                                                                                                                                                                                        [application] is paid
                                                                                                                                                                                                          [filed] after the expiration date of the current license
                                                                                                                                                                                                            [permit]. sec.229.347. Revocation, Cancellation, Suspension and Probation of a License [Permit]. (a) The Texas Department of Health (department) may revoke, cancel, suspend, suspend on an emergency basis,
                                                                                                                                                                                                              or probate by an emergency order of the commissioner, or the commissioner's designee
                                                                                                                                                                                                                a license
                                                                                                                                                                                                                  [permit] to operate a tanning facility if the facility has: (1) failed to pay a license
                                                                                                                                                                                                                    [permit] fee or an annual renewal fee for a license
                                                                                                                                                                                                                      [permit]; (2) obtained or attempted to obtain a license
                                                                                                                                                                                                                        [permit] by fraud or deception; (3)-(4) (No change.) (b) The department shall revoke a license issued with respect to a facility if the license may not be renewed under sec.229.345(j) of this title (relating to licensing of Tanning Facilities). (c)
                                                                                                                                                                                                                          [(b)] Prior to revoking, canceling, suspending or probating a license
                                                                                                                                                                                                                            [permit], the department shall give the license
                                                                                                                                                                                                                              [permit] holder written notice of the proposed action, including the reasons and an opportunity for a hearing. (d)
                                                                                                                                                                                                                                [(c)] Any hearing for the revoking, canceling, suspending, or probating of a license
                                                                                                                                                                                                                                  [permit] shall be in accordance with the department's formal hearing procedures in Chapter 1 of this title (relating to Texas Board of Health). (e)
                                                                                                                                                                                                                                    [(d)] A license
                                                                                                                                                                                                                                      [permit] issued under these sections shall be returned to the department if the tanning facility: (1) ceases business or otherwise ceases operation on a permanent basis; (2) relocates; [or] (3) changes the name of the business under which the tanning facility operates; or (4)
                                                                                                                                                                                                                                        [(3)] changes ownership. For a corporation, an ownership change is deemed to have occurred, resulting in the necessity to return the license
                                                                                                                                                                                                                                          [permit] to the department, when 5.0% or more of the share of stock of a corporation is transferred from one person to another. sec.229.348. Report of Changes. The permit holder shall notify the Texas Department of Health (department) in writing within ten days of any change which would render the information contained in the initial
                                                                                                                                                                                                                                            application for the licensing
                                                                                                                                                                                                                                              [permitting], reported pursuant to sec.229.345 of this title (relating to Licensing
                                                                                                                                                                                                                                                [Permitting] of Tanning Facilities), no longer accurate. Failure to inform the department within ten days of a change in the information required in the initial
                                                                                                                                                                                                                                                  application for a license
                                                                                                                                                                                                                                                    [permit] may result in a suspension or revocation of the license
                                                                                                                                                                                                                                                      [permit]. This requirement shall not apply for changes involving replacement of designated original equipment lamp types with lamps which have been certified with the United States Food and Drug Administration (FDA) as "equivalent" lamps under the FDA regulations and policies applicable at the time of replacement of the lamps. The facility operator shall maintain lamp manufacturer's labeling at the facility, demonstrating the equivalence of any replacement lamps. sec.229.349. Advertising. (a) No person, in any advertisement, shall refer to the fact that the person or the person's facility is licensed
                                                                                                                                                                                                                                                        [permitted] with the Texas Department of Health (department) pursuant to the provisions of sec.229.345 of this title (relating to Licensing
                                                                                                                                                                                                                                                          [Permitting] of Tanning Facilities), and no person shall state or imply that any activity under such license
                                                                                                                                                                                                                                                            [permit] has been approved by the department. (b) A tanning facility shall
                                                                                                                                                                                                                                                              [may] not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk or that using the device will result in medical or health benefits. The only claims that may be made for tanning are cosmetic. (c) A business described in sec.229.345(j) shall not use the word "tan" or "tanning" in a sign or any other form of advertising. sec.229.350. Warning Signs. (a) A tanning facility operator shall post a warning sign in a conspicuous location where it is readily visible by persons entering the establishment. The sign shall have [dimensions of no less than 36 inches to a side and shall have] the following wording and appearance.
                                                                                                                                                                                                                                                                FIGURE 1: 25 TAC sec.229.350(a) (b) A tanning facility operator shall post a warning sign, one sign for each tanning device, in a conspicuous location that is readily visible to a person about to use the device. The sign shall have [dimensions of no less than 24 inches to a side and shall have] the following wording and appearance.
                                                                                                                                                                                                                                                                  FIGURE 2: 25 TAC sec.229.350(b) (c) Warning signs shall meet the following requirements.
                                                                                                                                                                                                                                                                    [The lettering on each warning sign shall be red on white background. Letters shall be at least ten millimeters high for all words shown in capital letters and at least five millimeters high for all lower case letters.] (1) The sign shall be printed on white 80 pound gloss coated cover stock and shall be 17 inches wide by 22 inches long. (2) The lettering on each warning sign shall be brilliant red (Pantone 185) or equivalent on white background. (3) The major sign heading entitled "DANGER" shall be a minimum of Helvetica Bold 110 point or equivalent. (4) The subheading entitled "ULTRAVIOLET RADIATION" shall be a minimum of Helvetica Bold 100 point or equivalent. (5) Body copy shall be Helvetica 35 point or equivalent. (6) Remaining capitalized copy shall be a minimum of Helvetica Bold 70 point or equivalent. (d) Camera ready copies of each sign shall be available for reproduction purposes upon written request to: Texas Department of Health, Drugs and Medical Devices Division, 1100 West 49th Street, Austin, Texas 78756-3182. (e) The Texas Department of Health shall include with a license application a description of the design standards required for signs in this section. sec.229.351. Tanning Devices (a)-(e) (No change.) (f) The [facility] operator shall control the temperature of the consumer contact surfaces of a tanning device and the surrounding area so that it will
                                                                                                                                                                                                                                                                      [may] not exceed 100 degrees Fahrenheit. (g)-(l) (No change.) sec.229.352. Protective Eyewear. (a) Each consumer shall be provided with protective eyewear and instructions for their use. The operator shall
                                                                                                                                                                                                                                                                        [may] not allow a person to use a tanning device if that person does not use [the] protective eyewear that meets the requirements of the United States Food and Drug Administration
                                                                                                                                                                                                                                                                          . (b) (No change.) (c) Protective eyewear shall be located in the immediate proximity of each tanning device and shall be provided without charge to each user of a tanning device
                                                                                                                                                                                                                                                                            . (d) (No change.) sec.229.354. Records. (a) (No change.) (b) Signed warning statement. (1) Each time a customer who is 18 years of age or older
                                                                                                                                                                                                                                                                              uses a tanning facility device for the first time and
                                                                                                                                                                                                                                                                                [or] each time a person executes or renews a contract to use a tanning facility device
                                                                                                                                                                                                                                                                                  , the person shall sign and date a written statement acknowledging that the person has read and understood the required warnings in sec.229.350 of this title (relating to Warning Signs) before using the device and agrees to use [the] protective eyewear. (2) Before any person under the age of 18 years uses a tanning facility
                                                                                                                                                                                                                                                                                    device for the first time
                                                                                                                                                                                                                                                                                      , the person shall give the tanning facility operator a written informed consent
                                                                                                                                                                                                                                                                                        statement signed and dated by the person's parent or legal guardian stating that the parent or legal guardian has read and understood the warnings given by the tanning facility operator, consents to the minor's use of a tanning device, and agrees that the minor will use [the] protective eyewear. In addition, when,
                                                                                                                                                                                                                                                                                          [When] a person under 14 years of age is using a tanning device, a parent or legal guardian must remain
                                                                                                                                                                                                                                                                                            [be present] at the tanning facility while the person under 14 years of age is using a tanning device
                                                                                                                                                                                                                                                                                              . (3) (No change.) (c) Individual consumer records
                                                                                                                                                                                                                                                                                                [Consumer log information]. An individual record shall be kept by the facility operator of each consumer's total number of tanning visits, exposure lengths in minutes, times and dates of the exposures, [and] any injuries or illnesses resulting from the use of a tanning device, and any written informed consent statement required to be signed in this section
                                                                                                                                                                                                                                                                                                  . The operator must ensure that no individual is allowed to use a tanning device more than once every 24 hours. (d) Record retention. All records required by this section shall be maintained at the tanning facility at least until the third anniversary of the date of the consumer's last use of a tanning device
                                                                                                                                                                                                                                                                                                    [for a minimum of three years]. (e)-(g) (No change.) sec.229.355. Injury Reports.
                                                                                                                                                                                                                                                                                                      A written report of any [tanning] injury or illness associated with a tanning device
                                                                                                                                                                                                                                                                                                        shall be forwarded to the Texas Department of Health (department) within five working days of its occurrence or knowledge thereof. The report shall include: (1)-(2) (No change.) (3) the date of the injury or illness
                                                                                                                                                                                                                                                                                                          ; (4) the nature of the injury or illness
                                                                                                                                                                                                                                                                                                            ; (5) identification of the tanning device involved in the injury or illness
                                                                                                                                                                                                                                                                                                              , including brand and model; (6) (No change.) (7) the name of the operator on duty at the time of injury or illness
                                                                                                                                                                                                                                                                                                                ; and (8) (No change.) sec.229.356. Sanitation. (a)-(b) (No change.) (c) The operator shall clean and properly sanitize the body contact surfaces of a tanning device after each use
                                                                                                                                                                                                                                                                                                                  [All tanning device surfaces that come in contact with human skin shall be sanitized after each use] with a sanitizer registered with the USEPA. (d)-(i) (No change.) sec.229.357. Enforcement and Penalties. (a) (No change.) (b) Administrative penalties. Administrative penalties, as provided in Health and Safety Code, sec.145.0122, and in sec.229.261 of this title (relating to Assessment of Administrative or Civil Penalties), may be assessed for violation of these sections. (c)
                                                                                                                                                                                                                                                                                                                    [(b)] Criminal penalty. (1) A person, other than a customer, commits an offense if the person [knowingly or recklessly] violates the Act or rules adopted under the Act. (2) Except as provided by paragraph (3) of this subsection, an
                                                                                                                                                                                                                                                                                                                      [An] offense under the Act is a Class A
                                                                                                                                                                                                                                                                                                                        [C] misdemeanor. (3) An offense under sec.229.349(c) of this title (relating to Advertising) is a Class C misdemeanor, unless it is shown on the trial of an offense under this subsection that the person has previously been convicted of an offense under this subsection, then the offense is a Class A misdemeanor. (d)
                                                                                                                                                                                                                                                                                                                          [(c)] Civil penalty;
                                                                                                                                                                                                                                                                                                                            Injunction. If it appears that a person has violated or is violating Health and Safety Code, Chapter 145, or an order issued or a rule adopted under authority of Health and Safety Code, sec.145.011, the commissioner may request the attorney general or the district or county attorney or the municipal attorney of a municipality in the jurisdiction where the violation is alleged to have occurred or may occur to institute a civil suit for: (1) an order enjoining the violation; (2) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy if the department shows that the person has engaged in or is engaging in a violation; (3) the assessment and recovery of a civil penalty; or (4) both injunctive relief and a civil penalty. [(1) If the Commissioner, an authorized agent, or a health authority finds that a person has violated, or is violating or threatening to violate the Act and that the violation or threat of violation creates an immediate threat to the health and safety of the public, the Commissioner, authorized agent, or health authority may petition the district court for a temporary restraining order to restrain the violation or threat of violation. [(2) If a person has violated, or is violating or threatening to violate the Act, the Commissioner, an authorized agent, or a health authority may petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation. [(3) On application for injunctive relief and a finding that a person is violating or threatening to violate the Act, the district court shall grant any injunctive relief warranted by the facts.] (e)
                                                                                                                                                                                                                                                                                                                              [(d)] Venue. Venue for a suit brought under the Act shall be in the county in which the violation or the threat of violation is alleged to have occurred or in Travis County. (f)
                                                                                                                                                                                                                                                                                                                                [(e)] Adulterated or misbranded tanning device. If the Texas Department of Health (department) identifies an adulterated or misbranded tanning device, the department may enforce the applicable provisions of Subchapter C of the Texas Food, Drug, and Cosmetic Act (Health and Safety Code, Chapter 431) including, but not limited to: detention, condemnation, civil penalties, criminal enforcement, and/or administrative penalties, using the Severity Levels set out in sec.229.261 of this title (relating to Assessment of Administrative or Civil Penalties). (g) Emergency order. The commissioner or the commissioner's designee may issue an emergency order relating to the operation of a tanning facility in the department's jurisdiction if the commissioner or the commissioner's designee determines: (1) operation of the tanning facility creates or poses an immediate and serious threat to human life or health; and (2) other procedures available to the department to remedy or prevent the threat will result in unreasonable delay. 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 February 1, 1996. TRD-9601441 Susan K. Steeg General Counsel Texas Department of Health Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 458-7236 Chapter 241. Shellfish Sanitation Molluscan Shellfish 25 TAC sec.241.51, sec.241.55 The Texas Department of Health (department) proposes amendments to sec.241. 51 and sec.241.55, concerning Texas molluscan shellfish. Specifically, the sections cover growing area classification and harvesting and handling of shellstock. The amendments will implement the requirements and guidelines established in the 1995 National Shellfish Sanitation Program Manual of Operations, Part I, dealing with a harvest control to reduce risk of illness attributable to a naturally occurring organism, Vibrio vulnificus. The proposed amendments establish definitions and standards for a time-to-refrigeration matrix which will reduce the amount of time shellfish remain unrefrigerated after harvest and before the harvest boats are unloaded. Richard E. Thompson, Director, Seafood Safety Division, has determined that for the first five-year-period the sections, as proposed, are in effect there would be minimal fiscal implications for state government. The effect on state government will occur only as a result of enforced administrative penalties. There will be no fiscal implications to local governments. Mr. Thompson has also determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections, as proposed, will be better assurance that molluscan shellfish processed in or imported into Texas will be free of disease or other health hazards transmissible by these products. There is no anticipated economic cost to persons or small businesses who are required to comply with the sections. Cost will only occur as a result of administrative penalties assessed against molluscan shellfish businesses who do not comply. There will be no effect in local employment. Comments on the proposal may be submitted to Richard E. Thompson, R.S., Director, Seafood Safety Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 719-0215. Comments will be accepted for 30 days from the date of publication of this proposal. The amendments are proposed under Texas Parks and Wildlife Code, sec.76.203, which authorizes the Texas Board of Health to adopt rules concerning the regulation of Texas molluscan shellfish; and the Health and Safety Code, sec.12. 001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The amendments affect Texas Parks and Wildlife Code, sec.76.203. sec.241.51. Growing Area Classification. (a)-(e) (No change.) (f) The authority provided to the commissioner of health by the Health and Safety Code, sec.436.101 has been delegated to the bureau chief of the Bureau of Food and Drug Safety or his/her designee
                                                                                                                                                                                                                                                                                                                                  under the provisions of the Health and Safety Code, sec.436.003(a). The bureau chief shall: (1)-(2) (No change.) sec.241.55. Harvesting and Handling Shellstock. (a) Boats and trucks. (1)-(11) (No change.) (12) Commercial harvesters shall be responsible for control of their shellstock until acceptance by a certified dealer. Commercial harvesters shall be required to deliver shellstock to a certified dealer within the day the shellstock is harvested. For this purpose a day shall be considered to be midnight to midnight. Delivery of the shellstock is considered to be the packing of the shellstock into an approved container, transfer of the shellstock from the boat to a certified location
                                                                                                                                                                                                                                                                                                                                    [the dock] and acceptance of the shellstock by the certified dealer. Commercial harvesters shall sell their shellstock only to a currently certified shellfish dealer. It is illegal for commercial harvesters to sell shellstock directly to the public. (13) Mechanical refrigeration facilities shall be required for purposes of dealer certification at each certified location. Mechanical refrigeration which is mobile shall be immobilized or designated, in writing to the SSD, as the shellfish storage facility. Removal of immobilized or designated refrigeration shall constitute voluntary surrender of certification by the certified dealer for that certified location. Shellstock shall be placed under mechanical refrigeration at air temperatures between 45 degrees Fahrenheit and 35 degrees Fahrenheit within two hours of unloading from the boat. Shellstock shall not be allowed to remain on a dock unrefrigerated for more than two hours. During the period April 1 through April 30
                                                                                                                                                                                                                                                                                                                                      [October 31], shellstock shall not be harvested before 6:00 a.m. and shall be placed under mechanical refrigeration by 8:00 p.m. each day. Mechanical refrigeration facilities shall be adequate in size and cooling capacity to refrigerate all shellstock on the premises. Each facility shall be equipped with an automatic temperature regulating control (thermostat) and an indicating thermometer installed to accurately measure, within three degrees, the temperature in the warmest location in the storage compartment. (14) During the period May 1 through October 31, shellfish which may be intended for consumption raw, directly from the shell, shall be refrigerated as designated in paragraph (13) of this subsection, within the times established for each month by the bureau chief of the Bureau of Food and Drug Safety. Each harvester shall maintain records for each date shellfish are harvested that show the time the first shellfish are harvested; the time harvesting ends; and the time the shellfish are unloaded from the boat. (A) The time from first harvest to refrigeration shall be established based on the average monthly maximum water temperature (AMMWT) and shall be in effect from 12:01 a.m. of the first day of the month until 11:59 p. m. of the last day of the month. The time shall be based on the following AMMWT ranges: (i) AMMWT 65 degrees Fahrenheit - 74 degrees Fahrenheit, 14 hours; (ii) AMMWT 74 degrees Fahrenheit - 84 degrees Fahrenheit, 12 hours; and (iii) AMMWT 84 degrees Fahrenheit, 6 hours. (B) Any shellfish which may be held without refrigeration for periods of time longer than those established in subparagraph (A) of this paragraph shall not be harvested before 6:00 a.m. and shall be placed under refrigeration as designated in paragraph (13) of this subsection by 8:00 p.m. each day and shall be identified, stored, and processed separately from shellfish that are refrigerated within the time periods. (i) Shellfish harvested and held exempt under this paragraph shall be tagged with a harvester tag meeting all requirements that shall be neon green in color. This neon green harvester tag shall be placed on each container of shellfish at the conclusion of harvesting of these exempt shellfish and before harvesting of any other shellfish. The neon green harvester's tag shall remain attached to each container until the shellfish are shucked. (ii) If shellfish are harvested and held exempt under this paragraph, the harvester records required shall also include the time that harvesting of these exempt shellfish stops and the time that harvesting of other shellfish begins. (iii) Shellfish harvested, and held exempt under this paragraph, shall not be commingled with any other shellfish and shall be stored separately on harvest boats and at any certified location. (iv) Shellfish harvested, and held exempt under this paragraph, shall be shucked and placed in containers bearing the consumer information language adopted by the Interstate Shellfish Sanitation Conference, or an equivalent approved in writing by the SSD prior to use, unless the invoice and bill of lading for shipment of these exempt shellstock to another certified dealer both contain the following statement: "These shellfish shall be shucked and placed in a container bearing the consumer information statement adopted by the Interstate Shellfish Sanitation Conference." (15)
                                                                                                                                                                                                                                                                                                                                        [(14)] Refrigerated shellstock shall be maintained at internal temperatures between 45 degrees Fahrenheit and 35 degrees Fahrenheit. After initial refrigeration, shellstock removed from refrigeration shall not be permitted to remain in air temperatures above 45 degrees Fahrenheit for more than two hours. The internal air temperature in trailers shall be at or below 45 degrees Fahrenheit when shellstock loading begins. (16)
                                                                                                                                                                                                                                                                                                                                          [(15)] Trucks used to transport shellstock shall have the storage area constructed of a nontoxic, smooth, impervious material so as to protect the shellfish from contamination and shall be kept clean. Shellstock shall be transported on land by harvesters, certified dealers, or any distributor in mechanically refrigerated trucks that can maintain an air temperature between 45 degrees Fahrenheit and 35 degrees Fahrenheit, shall be palletized, and shall be arranged to allow maximum air circulation. Shellstock storage areas shall be similarly constructed. (17)
                                                                                                                                                                                                                                                                                                                                            [(16)] Dogs, cats, or other animals shall not be permitted on vessels, in vehicles, or in any other area where shellstock is held or transported. (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 31, 1996. TRD-9601403 Susan K. Steeg General Counsel Texas Department of Health Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 458-7236 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 19. Nursing Facility Requirements for Licensure and Medicaid Certification The Texas Department of Human Services (DHS) proposes the repeal of sec.sec.19.300-19.315, concerning facility construction, the repeal of sec.19.1612, concerning Texas Index for Level of Effort (TILE) Assessments, repeal of sec.sec.19.1701-19.1727, concerning physical plant and environment, and the repeal of sec.19.2105, concerning Safe Medical Devices Act of 1990; amendments to sec.sec.19.202, concerning building approval, 19.204, concerning applicant disclosure requirements, 19.402, concerning exercise of rights, 19.416, concerning personal property, 19.1210, concerning certification and recertification requirements in Medicaid-certified facilities, 19.1807, concerning rate setting methodology, 19.1918, concerning disclosure of ownership, 19.1921, concerning general requirements for a nursing facility, 19. 2208, concerning standards for certified Alzheimer's facilities, 19.2324, concerning selection and contracting procedures for adding beds in high- occupancy areas, 19. 2326, concerning Medicaid swing bed program for rural hospitals, and 19.2403, concerning utilization review process; and proposes new sec.sec.19.300-19.326 and sec.sec.19.330-19.343, concerning facility construction, and new sec.19.1701, concerning physical environment, new s19. 2412, concerning Texas Index for Level of Effort (TILE) Assessments, in its Nursing Facility Requirements for Licensure and Medicaid Certification chapter. The purpose of the repeal of sec.sec.19.300-19.315 is to modify the facility construction requirements. The purpose of the repeal of sec.19.1612 is to delete rules incorrectly placed in this subchapter and which are now being correctly placed in new sec.19.2412. The purpose of the repeal of sec.19.1701-19. 1727 is to transfer the facility construction requirements to sec.sec.19.300-19. 326. The purpose of the repeal of sec.19.2105 is to delete outdated rules. The purpose of the amendments is to correct references and clarify the rules through other minor corrections. The purpose of the new sections is to combine the physical plant and environment requirements with the facility construction requirements. Burton F. Raiford, commissioner, 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 proposal. Mr. Raiford 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 proposal will be clear and correct rules. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposal. Questions about the content of this proposal may be directed to Susan Syler at (512) 438-3111 in DHS's Long Term Care Policy Section. Written comments on the proposal may be submitted to Nancy Murphy, Media and Policy Services-313, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. Subchapter C. Nursing Facility Licensure Application Process 40 TAC sec.19.202, sec.19.204 The amendments are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments implement the Human Resources Code, sec. s22.001-22.024 and sec.sec.32.001-32.042. sec.19.202. Building Approval.
                                                                                                                                                                                                                                                                                                                                              All applications for license must include written approval of the local fire authority that the facility and its operation meet local fire ordinances. (1)-(4) (No change.) [(5) Inspection and Plan Review. Any existing building being considered for licensure must either submit a plan for review and approval or request a feasibility inspection to be performed by a representative of DHS to determine construction or renovation requirements. The fees for inspection and/or plan reviews must be in accordance with sec.19.301 of this title (relating to Fees for Plan Reviews, Construction Inspection Services, and Feasibility Inspection Services).] sec.19.204. Applicant Disclosure Requirements. (a)-(d) (No change.) (e) Required ownership and management information for the past two years. (1)-(4) (No change.) (5) The information required by this section must be provided to DHS upon initial application for licensure, and changes in the information must be provided to DHS upon renewal
                                                                                                                                                                                                                                                                                                                                                [on an annual basis], except that a licensee must notify DHS within 30 days of any change of the facility's administrator or management services. (f) (No change.) 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 February 1, 1996. TRD-9601423 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 438-3765 Subchapter D. Facility Construction 40 TAC sec.sec.19.300-19.315 (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 of Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.042. sec.19.300. Plans, Approvals, and Construction Procedures. sec.19.301. Fees for Plan Reviews, Construction Inspection Services, and Feasibility Inspection Services. sec.19.302. Construction and Initial Survey of Completed Construction. sec.19.303. Construction Standards for Additions, Remodeling, and New Nursing Facilities. sec.19.304. Location and Site. sec.19.305. General Considerations. sec.19.306. Architectural Space Planning and Utilization. sec.19.307. Exit Provisions. sec.19.308. Smoke Compartmentation (Subdivision of Building Spaces). sec.19.309. Fire Protection Systems. sec.19.310. Hazardous Areas. sec.19.311. Structural Requirements. sec.19.312. Mechanical Requirements. sec.19.313. Electrical Requirements. sec.19.314. Miscellaneous Details. sec.19.315. Elevators. 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 February 1, 1996. TRD-9601424 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Earliest possible date of adoption: March 15, 1996 For further information, please call: (512) 438-3765 40 TAC sec.sec.19.300-19.326, 19.330-19.343 The new sections are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department 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 new sections implement the Human Resources Code, sec. s22.001-22.024 and sec.sec.32.001-32.042. sec.19.300. General Requirements. (a) The facility must be designed, constructed, equipped, and maintained to protect the health and ensure the safety of residents, personnel, and the public. If children are admitted to the facility, accommodations, furnishings, and equipment appropriate to children must be provided. (b) The requirements of this subchapter are applicable to new and existing nursing facilities unless otherwise stated. Refer to sec.sec.19.330-19.343 of this title (relating to Facility Construction) for additional requirements for new construction, conversions of existing unlicensed buildings, remodeling, and additions. An existing unlicensed building is defined as any building (or portion thereof) which is not presently licensed as a nursing home. sec.19.301. Applicable Codes and Standards. (a) The facility must meet the applicable provisions of the 1985 edition of the Life Safety Code of the National Fire Protection Association (NFPA). The Life Safety Code is available for inspection at the Office of the Federal Register
                                                                                                                                                                                                                                                                                                                                                  Information Center, Washington, D.C. Copies may be obtained from the NFPA, Batterymarch Park, Quincy, Massachusetts 02200. The New Health Care Occupancies chapter of the Life Safety Code is applicable to new construction, conversions of existing unlicensed buildings, remodeling, and additions. The Existing Health Care Occupancies chapter of the Life Safety Code is applicable to existing nursing homes. Life safety features and equipment that have been installed in existing buildings which are now in excess of that required by the Life Safety Code must continue to be maintained or may be completely removed if prior approval is obtained from the Texas Department of Human Services (DHS). (b) In addition to the Life Safety Code, facilities must meet any other codes and standards of the NFPA referenced by the Life Safety Code and those listed in this chapter, except as may be otherwise approved or required by DHS. (c) The following codes, standards, or guidelines generally govern their subject areas for existing construction: (1) If the municipality has a building code and a plumbing code, those codes govern. (2) In the absence of municipal codes, nationally recognized codes must be used. To assure continuity, all nationally recognized codes, when used, must be publications of the same group or organization. (3) Heating, ventilating, and air-conditioning systems must be designed and installed in accordance with NFPA 90A and the Heating, Ventilating, and Air- Conditioning Guide of the American Society of Heating, Refrigeration, and Air- Conditioning Engineers (ASHRAE), except as may be modified in this subchapter. (4) Electrical and illumination systems must be designed and installed in accordance with NFPA 70 and the Lighting Handbook of the Illuminating Engineering Society (IES) of North America, except as may be modified in this subchapter. (5) Accessibility for individuals with disabilities must be designed and installed in accordance with the following laws: the Americans with Disabilities Act of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans for new construction, substantial renovations, modifications, and alterations must be submitted to the Texas Department of Licensing and Regulation (Attention: Elimination of Architectural Barriers Program) for accessibility approval under Texas Civil Statutes, Article 9102. (6) Every building and portion thereof must be capable of sustaining all dead and live loads in accordance with accepted engineering practices and standards. (7) Each building must be classified as to building construction type for fire resistance rating purposes in accordance with NFPA 220 and the Life Safety Code. (8) Building insulation materials, unless sealed on all sides and edges in an approved manner with noncombustible material, must have a flame-spread rating of 25 or less when tested in accordance with NFPA 255 and NFPA 258. sec.19.302. Waivers. The Texas Department of Human Services (DHS) may grant a waiver for certain provisions of the physical plant and environment which, in DHS's opinion, would be impractical for the facility to meet. In granting the waiver, DHS will determine that there will be no adverse effect on resident health and safety and the requirement, if not waived, would impose an unreasonable hardship on the facility. DHS may require offsetting or equivalent provisions in granting a waiver. sec.19.303. Emergency Power. (a) An emergency electrical power system must supply power adequate at least for lighting all entrances and exits, equipment to maintain the fire detection, alarm, and extinguishing systems, and life-support systems if the normal electrical supply is interrupted. Emergency electrical services by generator or battery must be provided to comply with the provisions of the National Fire Protection Association (NFPA) 70. Battery systems must be capable of sustaining power for a duration of at least one and one-half hours. (1) Life safety systems must include: (A) illumination for means of egress, nurse stations, medication rooms, dining and living rooms, and areas immediately outside of exit doors; (B) exit signs and exit directional signs required by the Life Safety Code; (C) alarm systems, including fire alarms activated by manual stations, water flow alarm devices of sprinkler systems, fire and smoke detecting systems, and alarms required for nonflammable medical gas systems if installed (where hospital-type functions are included in the nursing home facility, applicable standards apply); (D) task illumination and selected receptacles at any required or provided generator set location; (E) selected duplex receptacles, including receptacles in resident corridors, each resident-bed location where patient-care-related electrical appliances are utilized, nurse stations, medication rooms, including biological refrigerator, if a generator is required or provided; (F) nurse calling systems; (G) resident room night lights where required; (H) elevator cab lighting, control, and communication systems; (I) all facility telephone equipment; and (J) those paging or speaker systems that are necessary for the communication plan for an emergency. Radio transceivers that are necessary for emergency use must be capable of operating for at least one hour upon total failure of both normal and emergency power. (2) Where critical systems are provided, there must be a delayed automatic connection. (3) The emergency lighting must be automatically in operation within ten seconds after the interruption of normal electric power supply. Emergency service to receptacles and equipment may be a delayed automatic connection. Receptacles connected to emergency power must be of a uniform and distinctive color. Stored fuel capacity must be sufficient for not less than four-hour operation of required generator. (4) Emergency motor generator, if required or provided, must meet the following standards: (A) any emergency generator must be installed in accordance with NFPA 37 and NFPA 99; (B) generators located on the exterior of the building must be provided with a noncombustible protective cover or be protected as per manufacturer's recommendations; and (C) motor generators fueled by public utility natural gas must have the capacity to be manually or automatically switched to an alternate fuel source, as specified in NFPA 70. (5) Wiring for the emergency system must be in accordance with NFPA 70. (b) When life support systems are used, the facility must provide emergency electrical power with an emergency generator (as defined in NFPA 99, Health Care Facilities) located on the premises. sec.19.304. Space and Equipment. (a) The facility must: (1) provide sufficient space and equipment in dining, health services, recreation, and program areas to enable staff to provide residents with needed services as required by these standards and as identified in each resident's plan of care; and (2) maintain all essential mechanical, electrical, and patient care equipment in safe operating condition. (b) A wing or area which is separated from the rest of the facility by locked doors for the purpose of securing residents must meet the requirements of sec.19.2208(a)(6) and (c)(1)-(10) of this title (relating to Standards for Certified Alzheimer's Facilities). (c) If children are residents of the facility, the facility must provide: (1) indoor and outdoor recreation areas designed to encourage exploration within the children's capabilities; and (2) pediatric equipment and supplies in appropriate size for the age and development level of the children. Pediatric emergency supplies and equipment must be readily available for use. sec.19.305. Resident Rooms.
                                                                                                                                                                                                                                                                                                                                                    Resident rooms must be designed and equipped for adequate nursing care, comfort, and privacy of residents. (1) Bedrooms must: (A) accommodate no more than four residents. The total number of beds in ward rooms with three or more beds must not exceed 50% of the total facility capacity in existing facilities unless approved by the Texas Department of Human Services (DHS). (B) measure at least 80 square feet per resident in multiple resident bedrooms and at least 100 square feet in single resident rooms. (C) have direct access to an exit corridor. (D) be designed or equipped to assure full visual privacy for each resident. Appropriate measures must be taken through the use of cubicle curtains, screens, or procedures to