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 <nl> code. [Brackets] indicate deletion of existing material 
within a section.

TITLE 7. BANKING AND SECURITIES
PART II. Texas Department of Banking
CHAPTER 15. Corporate Activities
SUBCHAPTER A. Fees and Other Provisions of General Applicability 
7 TAC sec.15.1, sec.15.2
The Finance Commission of Texas (the commission) proposes amendments to sec.15.1 
and sec.15.2, concerning filing and investigation fees applicable to corporate 
applications filed with the Texas Department of Banking (the department).
Pursuant to Finance Code, sec.31.003(a)(4), the commission must recover the cost 
of maintaining and operating the department and the cost of law enforcement by 
imposing and collecting ratable and equitable fees for notices, applications, 
and examinations. Existing sec.15.2, a nonsubstantive recodification of now 
repealed sec.3.37, was originally adopted in 1993 to specify fees applicable to 
the corporate application process. The purpose of a fee charged by the 
department, whether the fee is for applications, annual assessments, 
examinations, recovery of costs, or other purposes, is to enable the department 
to be self-supporting. The predecessor to sec.15.2, and now sec.15.2 itself, 
followed this philosophy. This effort has been undertaken with respect to every 
industry regulated by the department with the objective of having each industry 
pay its proportionate share of the cost of regulation. Experience since 1993 and 
recent changes in similar fees charged to national banks has convinced the 
department that the fees in sec.15.2 need some adjustment. In addition, fees 
related to trust company applications and notices are proposed to be removed 
from sec.15.2 and replaced by a trust company-specific rule (sec.21.2), proposed 
in this issue of the Texas Register. In this connection, the definition of 
"eligible trust company" is proposed to be removed from sec.15.1.
Three fees are added or increased. A fee of $1,500 is added for an application 
for approval of a reverse stock split. A fee of $1,000 is added for an 
application for approval to sell substantially all assets. The fee for an 
application to relocate the home office of a recently acquired charter without 
significant business activities (i.e., relocation of a "naked" charter) will 
increase from $1,500 to $5,000. 
Several fees are proposed to be reduced, generally representing increased use of 
"expedited" applications. Applicants and applications that meet certain minimum 
qualifications can file for expedited treatment. These proposed fees are $2,500 
for a conversion (currently $5,000), $2,500 for a change of control if the 
applicant has previously been approved to control another state bank and no 
material changes in the applicant's circumstances have occurred since the prior 
approval (currently $5,000), $2,500 for a merger (currently $5,000), and $2,000 
for a purchase of assets and assumption of liabilities (currently $4,000). A 
reduced, expedited fee for charter applications will be proposed in 1998 in 
conjunction with a proposed amendment to sec.15.3 to permit expedited 
applications. Finally, bank charter and conversion applications currently bear a 
per hour charge for investigation and that charge is proposed to be replaced 
with a flat $5,000 fee. In many instances, the $5,000 fee will be less than the 
aggregate charge would be under the existing provision.
In two instances, charter and branch applications, the fee otherwise due is 
proposed to be waived entirely if the facility will be located in a low or 
moderate income area. The proposed amendment to sec.15.1 will add a definition 
of "low or moderate income area" for this purpose. 
Lynda A. Drake, Director of the Corporate Activities Division, Texas Department 
of Banking, has determined that for the first five-year period the section as 
proposed will be in effect, there will be no fiscal implications for state or 
local government as a result of enforcing or administering the section because 
the proposal is expected to be revenue neutral. 
Ms. Drake also has determined that for each year of the first five-year period 
the section as proposed will be in effect, the public benefit anticipated as a 
result of the amendment will be better matching of the actual cost of regulation 
with the service provided, for the purpose of achieving economic self-
sufficiency for application processing within the department. The proposal will 
merely rearrange sources of revenue and is not expected to increase or decrease 
the net revenue of the department from the banking industry. 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 in writing to Everette D. Jobe, 
General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, 
Austin, Texas 78705-4294, or by e-mail to everette.jobe@banking.state.tx.us. The 
amendments are proposed pursuant to the Finance Code, sec.31.003(a)(4), which 
authorizes the commission to adopt rules to "recover the cost of maintaining and 
operating the department and the cost of enforcing this subtitle and Chapters 
11, 12, and 13 by imposing and collecting ratable and equitable fees for 
notices, applications, and examinations...." 
As required by the Finance Code, sec.31.003(b), the commission considered the 
need to promote a stable banking environment, provide the public with 
convenient, safe, and competitive banking services, preserve and promote the 
competitive parity of state banks with national banks and other depository 
institutions in this state consistent with the safety and soundness of state 
banks and the state bank system, and allow for economic development within this 
state. 
Finance Code, sec.sec.31.005, 32.003, 32.101, 32.103, 32.202, 32.203, 32.302, 
32.401, 32.405, 32.502, 33.002, 34.102, 34.103, 38.001, 38.004, 39.103, and 
39.203, and 7 TAC sec.sec.3.41, 3.44, 15.3, 15.41, 15.42, 15.81, 15.121, and 
15.122, are affected by the proposal. 

sec.15.1. Definitions. 
Words and terms used in this chapter that are defined in the Finance Code, Title 
3, Subtitle A, have the same meanings as defined in the Finance Code. The 
following words and terms, when used in this chapter, shall have the following 
meanings, unless the context clearly indicates otherwise.
Eligible bank -A state bank that: 
(A) is well capitalized as defined in 12 Code of Federal Regulations 
<nl>(CFR)<ol>, sec.325.103, or is operating in compliance with a capital plan 
approved in writing by the banking commissioner; 
(B)-(E) (No change.) 
[Eligible trust company --A Texas chartered trust company that:] 
[(A) possesses capital and surplus that equals or exceeds current minimum 
statutory or regulatory requirements;] 
[(B) received a composite rating of either 1 or 2 as defined by the Uniform 
Financial Institution Rating System at the most recent examination by the 
department or federal regulatory agencies;] 
[(C) is not presently operating in violation of a regulatory condition or 
commitment letter; and] 
[(D) is not presently operating under a memorandum of understanding, 
determination letter or other notice of determination, order to cease and 
desist, or other state or federal administrative enforcement order.] 
<nl>Low or moderate income area <ol><nl>--a designated geography for CRA 
purposes, as defined in 12 CFR, sec.228.12(l), (n)(1), and (n)(2), for state 
member banks, or 12 CFR, sec.345.12(l), (n)(1), and (n)(2), for state nonmember 
banks.<ol> 

sec.15.2. Filing Fees and Cost Deposits. 
(a) <nl>Types of fees. Subsection (b) of this section contains filing fees for 
specified applications and notices filed with the department, and subsection (c) 
of this section requires a fee for protesting an application. These fees are due 
at the time of filing the application or protest. Subsection (d) of this section 
requires an investigation fee to be paid in certain cases once an application 
has been accepted by the department for filing, and in other cases may require 
payment of investigative costs upon written request of the department. Pursuant 
to subsection (e) of this section, an applicant may seek waiver or reduction of 
required fees<ol> [Basis of Fees. The filing fees set forth in subsection (b) of 
this section are either set by statute or, when added to required investigative 
cost reimbursement under subsection (e) of this section, approximate the 
department's cost of processing the application, including any associated 
review, investigation and examination
(b) Filing <nl>fees<ol> [Fees]. Simultaneously with <nl>a submitted application 
or notice<ol> [any submitted filing], an applicant shall pay to the department: 
(1) $5,000 for an application for bank charter [or conversion] pursuant to [the] 
Finance Code, sec.32.003<nl>, provided that the department will not require a 
filing fee for an application for a bank charter to be located in a low or 
moderate income area and where no other depository institution operates a branch 
or home office<ol> [or sec.32.502
(2) <nl>$5,000 for an application for conversion to a state bank charter 
pursuant to Finance Code, sec.32.502, and sec.15.108 of this title (relating to 
Conversion of a Financial Institution into a State Bank), or $2,500 for an 
expedited application if permissible pursuant to sec.15.103 of this title 
(relating to Expedited Filing);<ol>
<nl>(3)<ol> [(2)] $4,000 for an application to authorize a merger <nl>or share 
exchange<ol>[, a similar business combination, or a purchase of assets] pursuant 
to [the] Finance Code, <nl>sec.32.302, and sec.15.104 of this title (relating to 
Application for Merger or Share Exchange), or $2,500 for an expedited 
application if permissible pursuant to sec.15.103 of this title<ol> [sec.32.301 
or sec.32.401
<nl>(4)<ol> [(3)] $2,500 for each request to authorize an additional merger if 
more than one affiliated merger is to occur simultaneously; 
<nl>(5)<ol> $4,000 for an application to authorize a purchase of assets pursuant 
to Finance Code, sec.32.401, and sec.15.105 of this title (relating to 
Application for Authority to Purchase Assets of Another Financial Institution), 
or $2,000 for an expedited application if permissible pursuant to sec.15.103 of 
this title; 
<nl>(6)<ol> $1,000 for an application to authorize the sale of substantially all 
assets pursuant to Finance Code, sec.32.405, and sec.15.106 of this title 
(relating to Application for Authority to Sell Assets); 
<nl>(7)<ol> [(4)] $1,500 for <nl>an<ol> [a standard] application to establish a 
branch office pursuant to [the] Finance Code, sec.32.203, and sec.15.42 of this 
title (relating to Establishment and Closing of a Branch Office)<nl>, or $500 
for an expedited application if permissible pursuant to sec.15.3 of this title, 
provided that the department will not require a filing fee for an application 
for a new branch office to be located in a low or moderate income area and where 
no other depository institution operates a branch or home office<ol>;
<nl>(8)<ol> [(5)] $1,500 for <nl>an<ol> [a standard] application to relocate a 
branch office pursuant to sec.15.42(k) of this title; 
<nl>(9)<ol> [(6)] $500 for a subsidiary notice letter pursuant to [the] Finance 
Code, sec.34.103, <nl> plus an amount up to an additional $3,500<ol> [unless 
paragraph (7) of this subsection applies;] 
[(7)] [$4,000 for a subsidiary notice letter pursuant to the Finance Code, 
sec.34.103,] if the banking commissioner notifies the applicant that additional 
information and analysis is required;
<nl>(10)<ol> [(8)] $5,000 for an application regarding acquisition of control 
pursuant to [the] Finance Code, sec.33.002, and sec.15.81 of this title 
(relating to Application for Acquisition or Change of Control of State 
Bank)<nl>, or $2,500 for an expedited application if the applicant has 
previously been approved to control another state bank and no material changes 
in the applicant's circumstances have occurred since the prior approval<ol>; 
<nl>(11)<ol> [(9)] $200 for a notice to change the home office to an existing 
branch office <nl>while retaining the existing home office as a branch 
office<ol> [with no abandonment of community] pursuant to [the] Finance Code, 
sec.32.202, and sec.15.41(a) of this title (relating to Written Notice or 
Application for Change of Home Office); 
<nl>(12)<ol> [(10)] $1,500 for an application to relocate the home office or a 
branch office pursuant to Finance Code, sec.32.202, and sec.15.41(b) of this 
title<nl>, provided that the fee is $5,000 for an application to relocate the 
home office of a to-be-acquired charter without significant business 
activities<ol>; 
<nl>(13)<ol> [(11)] $500 for an application to relocate the home office or a 
branch office a short distance of one mile or less with no abandonment of the 
community pursuant to Finance Code, sec.32.202, and sec.15.41(b) of this title; 
[(12) $500 for a filing for which an expedited application is permissible 
pursuant to sec.15.3 of this title (relating to Expedited Filing);] 
<nl>(14)<ol> [(13)] $3,000 for an application for a foreign bank agency license 
pursuant to [the] Finance Code, sec.39.103, and sec.3.41(a) of this title 
(relating to Applications, Notices, and Reports of a Foreign Bank Corporation); 
<nl>(15)<ol> [(14)] $500 for the statement of registration of a foreign bank 
representative office pursuant to [the] Finance Code, sec.39.203, and 
sec.3.44(b) of this title (relating to Statement of Registration, Notices and 
Filings by a Representative Office);
<nl>(16)<ol> [(15)] $200 for an application to amend a bank charter (articles of 
association) pursuant to [the] Finance Code, sec.32.101; 
<nl>(17)<ol> $1,500 for an application to authorize a reverse stock split 
subject to the substantive provisions of sec.15.122 of this title (relating to 
Amendment of Articles to Effect a Reverse Stock Split); 
<nl>(18)<ol> [(16)] $500 for filing a copy of an application pursuant to [the] 
Finance Code, sec.38.001, to acquire a bank or bank holding company; 
<nl>(19)<ol> [(17)] $500 for filing a copy of an application pursuant to [the] 
Finance Code, sec.38.004, to acquire a nonbank entity; 
<nl>(20)<ol> [(18)] $100 for a request for a "no objection" letter to use a name 
containing a term listed in [the] Finance Code, [sec.31.004 or] sec.31.005 [, by 
an entity other than a depository institution or trust company];
<nl>(21)<ol> [(19)] $500 for an application to authorize acquisition of treasury 
stock pursuant to [the] Finance Code, sec.34.102, and sec.15.121 of this title 
(relating to Acquisition and Retention of Shares as Treasury Stock); <nl>and<ol> 
<nl>(22)<ol> [(20)] $500 for a request to authorize an increase or reduction in 
capital and surplus pursuant to [the] Finance Code, sec.32.103 [; and] 
[(21) $500 for an application for trust company exemption as not doing business 
with the public]. 
(c) <nl>Filing fee for protest<ol> [Fee for Protest Filing]. A person or entity 
filing a protest to the application of another person or entity shall pay a fee 
of $2,500 simultaneously with such protest filing. The purpose of the fee 
required under this subsection is to partially offset the department's increased 
cost of processing and reduce the costs incurred by the applicant resulting 
solely from the protest.
(d) <nl>Investigative fees and costs. An applicant for a bank charter or 
conversion to a state bank or limited banking association shall pay an 
investigation fee of $5,000 once the application has been accepted for filing. 
If required by the banking commissioner, an applicant under another type of 
application or filing listed in subsection (b) of this section shall pay the 
reasonable investigative costs of the department incurred in any investigation, 
review, or examination considered appropriate by the department, calculated as 
provided by sec.3.36(h) of this title (relating to Annual Assessments and 
Specialty Examination Fees). Such investigation fee or costs must be paid by the 
applicant upon written request of the department. Failure to timely pay the 
investigation fee or a bill for investigative costs constitutes grounds for 
denial of the submitted or accepted filing.<ol>
<nl>(e)<ol> [(d)] <nl>Reduction or waiver of fees.<ol> Fees [Nonrefundable. All 
filing fees must be] paid [at the time of filing and] are nonrefundable 
<nl>and<ol> [. Except for fees established by statute,] the banking commissioner 
[in the exercise of discretion may reduce or waive any filing fee and] shall 
charge fees on a consistent and nondiscriminatory basis. <nl> However, in the 
exercise of discretion, the banking commissioner may reduce, waive, or refund 
all or part of a filing fee, investigation fee, or bill for investigative costs 
if the banking commissioner concludes that:<ol> 
<nl>(1)<ol> the application demonstrates that the fee creates an unreasonable 
hardship on the applicant; or 
<nl>(2)<ol> the nature of the application will result in substantially reduced 
processing time compared to normal expectations for an application of that type. 
[(e) Required Reimbursement of Investigative Costs. In addition to the filing 
fees set forth in subsection (b) of this section, an applicant for a bank or 
trust company charter or conversion to a state bank or limited banking 
association, or other application or submitted filing if required by the banking 
commissioner, shall pay reasonable costs incurred in the investigation, review, 
or examination considered appropriate by the department as provided by 
sec.3.36(h) of this title (relating to Annual Assessments and Specialty 
Examination Fees). Such costs must be paid by the applicant upon written request 
of the department. Failure to pay a bill for investigative costs in addition to 
the application fee constitutes grounds for denial of the submitted or accepted 
filing. The banking commissioner may in the exercise of discretion reduce or 
waive payment of any costs and shall charge costs on a consistent and 
nondiscriminatory basis.] 
(f) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9716985
Everette D. Jobe
General Counsel
Texas Department of Banking
Proposed date of adoption: February 20, 1998
For further information, please call: (512) 475-1300

TITLE 22. EXAMINING BOARDS
PART VI. Texas Board of Professional Engineers
CHAPTER 131. Practice and Procedure
Bylaws and Definitions
22 TAC sec.sec.131.1-131.3, 131.7-131.10, 131.12, 131.14, 131.15, 131.17-131.19 
The Texas Board of Professional Engineers proposes amendments to sec.sec.131.1-
131.3, 131.7-131.10, 131.12, 131.14, 131.15, and 131.17-131.19, concerning 
bylaws and definitions. 
The amendments will provide consistency with the provisions of Senate Bill 623 
and clarify the board's bylaws and definitions. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the sections are in effect 
there will no effect for state or local government. 
Mr. Speed also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be consistency with Senate Bill 623 and clarity in the board's 
bylaws and definitions. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendments are proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.sec.2, 7, and 8 is affected by these proposed amendments. 

sec.131.1. Headquarters of the Board. 
<nl>The<ol> [This board being constituted under the provisions of Senate Bill 
74, 45th Legislature, shall be known as the] Texas [State] Board of 
[Registration for] Professional Engineers <nl> (board) <ol> [and shall, 
hereinafter, be referred to as the board. The headquarters of the board] shall 
be <nl>headquartered<ol> in Austin. 

sec.131.2. Organization of the Board.
(a) The board shall elect from its own membership a chairman, vice chairman, and 
secretary [(Texas Civil Statutes, Article 3271a, 7a)]. <nl>These<ol> [The] 
officers shall <nl>serve from September 1 through August 31 and shall<ol> be 
elected <nl>annually<ol> at the [regular July] board meeting <nl>immediately 
prior to<ol> [each year, and they shall take office the following] September
1.
(b) The board as a whole may act as <nl>an<ol> [the] executive committee. 
(c) (No change.) 

sec.131.3. Chairman of the Board. 
The chairman shall be the executive officer of the board. When present, the 
chairman shall preside at all meetings. The chairman shall appoint such 
committees <nl>required by rule and may appoint any additional committees as 
needed. The chairman shall<ol> [as the board may authorize and] perform all 
other duties usually pertaining to the office of chairman and permitted by 
law<nl>,<ol>[.] and shall have the authority to delegate any of those duties 
[The duties of the chairman set out in the Act, 9, may be delegated] to the 
executive director. <nl>The chairman shall have the authority to review the 
performance of the executive director and initiate alterations in the executive 
director's job requirements or employment status. The chairman shall select and 
determine the agenda for meetings of the full board and may delegate that 
authority to the executive director.<ol> 

sec.131.7. Vacancies in the Board. 
If for any reason a vacancy shall occur in the board, the chairman shall 
<nl>prepare<ol> [call a special meeting for the purpose of preparing] a notice 
to the governor asking for the appointment of a new member to fill the unexpired 
term. If the vacancy shall occur in the office of the chairman, the vice 
chairman shall <nl>serve as the board chairman until such time as<ol> [call the 
meeting. In such case,] the board shall elect from its own membership a new 
chairman [to serve for the balance of the unexpired term as chairman]. 

sec.131.8. All Meetings Open to the Public. 
<nl>All<ol> [Regular board meetings, called special board meetings, committee 
meetings, and other] official meetings of the board <nl> and its standing 
committees<ol> shall be <nl>held<ol> [open to the public and notice shall be 
provided] in accordance with the Texas Open Meetings Act (Texas Civil Statutes, 
Article 6252-17).

sec.131.9. Regular Board Meetings. 
Regular board meetings shall be held <nl>at least four times per fiscal year 
(September 1 - August 31) <ol> [each calendar quarter] at <nl> any<ol> [such 
designated] place, date, and time [as may be] determined by the board. The 
meetings will normally be held in <nl> November, February, June, and August.<ol> 
[the months of January, April, July, and October, but may be held later in the 
quarter at the discretion of the board.] Five members of the board shall 
constitute a quorum. [In addition to the notice required by the Texas Open 
Meetings Act, the executive director shall notify the board members of the date, 
time and place of the meeting not less than 72 hours in advance of the meeting.] 

sec.131.10. Special Board Meetings. 
Special meetings may be called at any time by order of the chairman, or shall be 
called on the written request of any other three members of the board. [In 
addition to the notice required by the Texas Open Meetings Act, the executive 
director shall notify the board members of the date, time and place of the 
meeting not less than 72 hours in advance of the time of the meeting, provided, 
however, that such meetings may be held on shorter notice whenever telephonic 
consent is obtained from at least five members of the board.] 

sec.131.12. Order of Business.
(a) <nl>Meetings of the board should include but are not limited to the 
following items of business<ol> [The order of business at all regular and 
special meetings of the board will, when practicable, be as follows]: 
(1)-(4) (No change.) 
(5) <nl>reports and recommendations from committees <ol> [personal appearances]; 
(6) communications <nl>and public comment<ol>; 
(7) <nl>personal interviews and examination of applications <ol> [old business]; 
(8) <nl>old<ol> [new] business; 
(9) <nl>new business<ol> [examination of applications
(10) <nl>issues from board members for future meetings; <ol> [adjournment.] 
(11) adjournment. 
(b) The <nl>chairman or executive director of the<ol> board <nl> may<ol> 
[reserves the right to] delete and/or rearrange the order of business [specified 
in subsection (a) of this section] where required by law or [deemed by the 
board] to be more efficient in the conduct of [its] business. 
(c) The executive director shall prepare <nl>a meeting<ol> [an advance] agenda 
<nl>and distribute it<ol> [to be submitted] to each board member prior to 
<nl>the<ol> [each regular board] meeting<nl>.<ol> [outlining matters to be 
considered by the board. Additional matter that may arise prior to the meeting, 
together with additions requested by board members, will constitute the final 
agenda. Even though members of ] The public may attend board meetings in 
accordance with the Texas Open Meetings Act, <nl>but shall limit any comments 
and involvement permitted by the chairman to<ol> [it does not entitle members of 
the public to discuss] subjects on the agenda <nl>or to agenda items designated 
for general public comment. Time and topical limits may be imposed upon 
individuals by the chairman or executive director. <ol> 

sec.131.14. Seal of the Board. 
The seal of the board shall be an embossed circular seal [2 1/4 inches in 
diameter,] consisting of two concentric circles. The <nl> diameter of the<ol> 
inner circle shall be <nl>approximately 60% of the size of<ol> [1 3/8 inches in 
diameter and shall be] the outer circle <nl>which shall be<ol> [of] the official 
seal of the State of Texas. The area between the two circles shall contain the 
wording <nl> "Texas<ol> [State] Board of [Registration for] Professional 
Engineers." The executive director shall be the custodian of the seal. <nl> The 
seal may be reproduced in other sizes provided the dimensions remain 
proportionate. <ol> 

sec.131.15. Executive Director. 
The executive director shall be employed by the board to be the administrator of 
the board office. <nl>The executive director shall be a licensed professional 
engineer, and shall faithfully execute all directives of the Texas Board of 
Professional Engineers that are within the scope of the board's legal authority. 
The executive director shall have sole authority to employ a staff within the 
budget authorized; perform all supervisory functions including employee 
evaluations, promotions, disciplinary actions and terminations; and develop and 
implement all agency policies and procedures concerning the operation of the 
agency office. The executive director shall be evaluated by the chairman as 
needed. The executive director serves at the pleasure of the board and 
employment may be terminated at any time by a negative vote of confidence from a 
simple majority of the full board.<ol> 

sec.131.17. National Council. 
The board <nl>shall<ol> [may] affiliate with the National Council of Examiners 
for Engineering and Surveying. <nl>Each board member shall become a member of 
the council and the<ol> [The] executive director <nl>and other staff members 
designated by the board shall<ol> [may] be <nl>associate members of<ol> [ex 
officio the delegate of the board to] the council. 

sec.131.18. Definitions. 
In applying the Texas Engineering Practice Act and the board rules, the 
following definitions shall prevail unless the word or phrase is defined in the 
text for a particular usage. <nl>Singular<ol> [The singular shall be construed 
to include the plural and vice versa,] and [the] masculine <nl>terms<ol> shall 
be construed to include <nl> plural and<ol> [the] feminine <nl>terms<ol> [or 
neuter ] and vice versa. 
<nl>(1)<ol> Act-The Texas Engineering Practice Act. 
<nl>(2)<ol> Administrative Act-The Administrative Procedure [and Texas Register] 
Act. 
<nl>(3)<ol> Agency or Board-[The] Texas [State] Board of [Registration for] 
Professional Engineers.
<nl>(4)<ol> Applicant-A person making application for <nl> an engineering 
license<ol> [registration]. 
<nl>(5)<ol> Application-The [process of submitting the necessary] forms, 
information, and fees <nl>necessary<ol> to obtain <nl>a license<ol> 
[registration] as a professional engineer [or engineer-in-training (EIT) 
certification in accordance with the provisions of the Act, the board rules of 
practice and procedure, and by law].
<nl>(6)<ol> Certificate of registration- <nl>An earlier term replaced by the 
term "license"; the term is still valid and may be used interchangeably with 
"license" when necessary. Also a<ol> [A] document <nl>previously<ol> issued by 
the board for the State of Texas granting the holder the right to be licensed to 
practice engineering in Texas by paying the annual license renewal fee 
prescribed by the Act. 
<nl>(7)<ol> Complainant-Any party who has filed a complaint with the board 
against any party subject to the jurisdiction of the board.
<nl>(8)<ol> Contested case-A proceeding, including but not restricted to 
ratemaking and licensing, in which the legal rights, duties, or privileges of a 
party are to be determined by an agency after an opportunity for adjudicative 
hearing. 
<nl>(9)<ol> Direct supervision-<nl>Critical<ol> [The responsibility for the 
critical] watching, <nl>evaluating, <ol> and directing of engineering activities 
with the authority to review, enforce, and control compliance with all 
engineering design criteria, specifications, and procedures as the work 
progresses. <nl>Direct supervision will consist of an acceptable combination of: 
exertion of significant control over the engineering work, regular personal 
presence, reasonable geographic proximity to the location of the performance of 
the work, and an acceptable employment relationship with the supervised persons. 
Engineers providing direct supervision of engineering under the Texas 
Engineering Practice Act, 18(b), shall be personally present during such work. 
<ol> 
<nl>(10)<ol> Engineering-The profession in which a knowledge of the 
mathematical, <nl>physical, engineering,<ol> and natural sciences gained by 
<nl>education<ol> [study], experience, and practice is applied with judgment to 
develop ways to utilize, economically, the materials and forces of nature for 
the benefit of mankind. [Examiner or hearing officer-Any person appointed by the 
executive director or the board to conduct hearings on matters within the 
board's jurisdiction.] 
<nl>(11)<ol> Gross negligence- <nl>Any willful or knowing conduct, or pattern of 
conduct, which includes but is not limited to conduct that demonstrates a 
disregard or indifference to the rights, health, safety, welfare, and property 
of the public or clients. Gross negligence may result in financial loss, injury 
or damage to life or property, but such results need not occur for the 
establishment of such conduct.<ol> [An act or course of action which 
demonstrates a conscious disregard or indifference to the rights, safety, or 
welfare of others and which does or could result in financial loss or in injury 
or damage to life and property.] 
<nl>(12)<ol> <nl>Incompetence<ol> [Incompetency]- <nl>An act or omission of 
malpractice which may include but is not limited to recklessness or excessive 
errors, omissions or failures in the license holder's record of professional 
practice; or an act or omission in connection with a disability which includes 
but is not limited to mental or physical disability or addiction to alcohol or 
drugs as to endanger health, safety and interest of the public by impairing 
skill and care in the provision of professional services.<ol> [A general lack of 
present ability to perform a given duty, or a deficiency of disposition to use 
one's ability or experience properly.] 
<nl>(13)<ol> Intervenor-Any party otherwise not defined.
<nl>(14)<ol> License-<nl>The legal authority granting <ol> [That part of a 
certificate of registration which allows] the holder to actively practice 
engineering upon the payment of the annual renewal fee. <nl>Also, a certificate 
issued by the board showing such authority. <ol> 
<nl>(15)<ol> <nl>License Holder<ol> [Licensee] - Any [registrant] person whose 
license to practice engineering is current [and in force and has not been 
suspended by disciplinary action of the board]. 
<nl>(16)<ol> Licensure - The granting of an original certificate and license to 
an individual. 
<nl>(17)<ol> Misconduct-The [willful] violation of any provision of the Texas 
Engineering Practice Act and board rules. A conviction of a felony or 
misdemeanor that falls under the provisions of Texas Civil Statutes, Article 
6252-13c and Article 6252-13d, will also be misconduct under the Texas 
Engineering Practice Act. 
<nl>(18)<ol> Party-Each person or agency named or admitted as a party to a 
proceeding under the Administrative Procedure [and Texas Register] Act. 
<nl>(19)<ol> Person-Any individual, <nl>firm,<ol> partnership, corporation, 
association, governmental subdivision, or public or private organization of any 
character other than an agency. 
<nl>(20)<ol> Petitioner-Any party requesting the adoption of a rule by the 
board. 
<nl>(21)<ol> Pleading-Written allegations filed by parties concerning their 
respective claims. 
<nl>(22)<ol> Professional engineering--Professional service which may include 
consultation, investigation, evaluation, planning, designing, or direct 
supervision of construction, in connection with any public or private utilities, 
structures, buildings, machines, equipment, processes, works, or projects 
wherein the public welfare, or the safeguarding of life, health, and property is 
concerned or involved, when such professional service requires the application 
of engineering principles and the interpretation of engineering data. 
<nl>(23)<ol> Professional engineering services-Services which must be performed 
by or under the direct supervision of a <nl>licensed <ol> [registered] engineer 
and which<nl> meet the definition of the practice of engineering as defined in 
the Texas Engineering Practice Act, 2. A service shall be conclusively 
considered a professional engineering service if it is delineated in that 
section; other services requiring a professional engineer by contract, or 
services where the adequate performance of that service requires an engineering 
education, training, or experience in the application of special knowledge or 
judgment of the mathematical, physical or engineering sciences to that service 
shall also be conclusively considered a professional engineering service. <ol> 
[require the application of engineering principles, or the interpretation of 
engineering data. These engineering services may be in connection with any 
public or private utilities, structures, buildings, machines, equipment, 
processes, works or projects including: consultation; planning; designing; 
construction; alteration or repair of real property; or other engineering or 
incidental services which engineering professionals (and individuals in their 
employ) may logically or justifiably perform, such as studies, investigations, 
mapping, testing, evaluations, program management, conceptual designs, plans and 
specifications, value engineering, soils engineering, drawing reviews, 
preparation of operating and maintenance manuals, and other related services.] 
<nl>(24)<ol> Protestant-Any party opposing an application or petition filed with 
the board. [Registrant-Any individual holding a certificate of registration 
issued by the board that has not been revoked or expired for two or more years. 
Such registrant will be subject to the administrative and disciplinary powers of 
the board whether or not the license to practice is current.] 
<nl>(25)<ol> Registration- <nl>An earlier term replaced by the term "licensing" 
or "licensure"; the term is still valid and may be used interchangeably with 
"licensing" or "licensure" when necessary. <ol> [The granting of an original 
certificate and license by an agency to an individual.] [Reregistration-The 
subsequent licensing by an agency of a former registrant whose expired 
certificate was not renewable by operation of law.] 
<nl>(26)<ol> Resident- An individual physically residing at a Texas address. 
<nl>(27)<ol> Respondent-Any party against whom any complaint has been filed with 
the board.
<nl>(28)<ol> Responsible charge- <nl>An earlier term synonymous with the term 
"direct supervision"; the term is still valid and may be used interchangeably 
with "direct supervision" when necessary. <ol> [The direction of engineering 
work by an engineer to the extent that successful completion of the work is 
dependent on the decisions made by the engineer without advice or approval by 
others.] 
<nl>(29)<ol> Responsible supervision- <nl>An earlier term synonymous with the 
term "direct supervision"; the term is still valid and may be used 
interchangeably with "direct supervision" when necessary. <ol> [The supervision 
of another person's work by a professional engineer to the extent that the 
engineer assumes the professional responsibility for the work.] 
[Rule-Any agency statement of general applicability that implements, interprets, 
or prescribes law or policy, or describes the procedure or practice requirements 
of an agency. The term includes the amendment or repeal of a prior rule but does 
not include statements concerning only the internal management or organization 
of any agency and not affecting private rights or procedures.] 

sec.131.19. Requests for Information. 
<nl>The executive director shall be the official custodian of all board records 
and shall process and respond to all requests for information in the manner 
prescribed by law. <ol> [Any written reports, statistics, or other information 
requested by the board as a whole or any member thereof shall be made available 
to all members of the board. A copy of any written request and a summary of the 
results there of shall be made a part of the minutes of the appropriate board 
meeting. ] 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717190
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Application for License
22 TAC sec.sec.131.52-131.55
The Texas Board of Professional Engineers proposes amendments to sec.sec.131.52-
131.55, concerning application for license. 
The amendments will clarify the subdisciplines within electrical engineering and 
also the requirements for submission of an application for a license. John R. 
Speed, P.E., executive director, Texas Board of Professional Engineers, has 
determined that for the first five-year period the sections are in effect there 
will no effect for state or local government. 
Mr. Speed also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarity of the subdisciplines within electrical engineering 
and the requirements for submission of an application for a license. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendments are proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623.
Texas Civil Statutes, Article 3271a, sec.12 and sec.13 is affected by these 
proposed amendments. 

sec.131.52. Applications for a Professional Engineer License. 
(a)-(f) (No change.) 
(g) Applicants shall indicate a primary branch of engineering under which 
experience has been gained. Applicants seeking permission to take the Principles 
and Practice of Engineering examination shall indicate a primary branch for 
which there is an available National Council of Examiners for Engineering and 
Surveying (NCEES) examination. The available branches and their corresponding 
alphabetical code are: 
(1)-(4) (No change.) 
(5) (E) electrical, <nl>electronic, computer, communications; <ol> 
(6)-(15) (No change.) 
(h)-(i) (No change.) 

sec.131.53. Applications - General.
(a)-(c) (No change.) 
<nl>(d)<ol> Any transcripts, reference statements, evaluations, experience 
records or other similar materials submitted to the board in previous 
applications may be included in a current application provided the applicant 
requests its use in writing at the time the application is filed and the 
executive director authorizes its use. 
<nl>(e)<ol> [(d)] Upon completion of all processes, including passage or waiver 
of examinations, applicants whose applications have been approved shall be 
issued a license and applicants whose applications have been non-approved shall 
be denied a license. 

sec.131.54. Applications from Former Texas License Holders. 
(a)-(b) (No change.) 
(c) <nl>Any transcripts, reference statements, evaluations, experience records 
or other similar materials submitted to the board in previous applications may 
be included in a current application provided the applicant requests its use in 
writing at the time the application is filed and the executive director 
authorizes its use. <ol> [The board may waive the submission of materials 
required in 131.52 of this title (relating to Applications for a Professional 
Engineer License) provided those materials are already available in the board 
records. Applicants must submit a written waiver request to the executive 
director. The board shall process the application and issue a new license and 
serial number if the application is approved.] 
(d) (No change.) 

sec.131.55. Certification of Qualifications. 
The National Council of Examiners for Engineering and Surveying <nl> 
certifications may be<ol> [certification shall not] accepted <nl> as 
verification of an original transcript from a U.S. school, or to verify licenses 
held, or to verify examinations taken. Other uses of the certification may be 
granted by the executive director on a case-by-case basis<ol> [in lieu of the 
board's application and other required information].
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717189
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

References
22 TAC sec.131.71
The Texas Board of Professional Engineers proposes an amendment to sec.131.71, 
concerning references. 
The amendment will provide the stipulation that engineers serving as references 
cannot be compensated. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the section is in effect 
there will no effect for state or local government. 
Mr. Speed 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 stipulation that engineers serving as references cannot be 
compensated. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendment is proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.13 is affected by the proposed amendment. 

sec.131.71. References.
(a) (No change.) 
(b) Applicants for a license shall provide at least five references to the 
board, unless more references are required to meet the requirements of 
sec.131.81(a)(3) of this title (relating to Experience Evaluation) or 
sec.131.101(g) of this title (relating to Engineering Examinations Required for 
a License to Practice as a Professional Engineer). At least three of these 
references shall be currently licensed professional engineers who have personal 
knowledge of the applicant's engineering experience. References on file with the 
board from previous applications may be used with the approval of the executive 
director. Professional engineers who have not worked with an applicant may 
review and judge the applicant's experience and may serve as a licensed engineer 
reference; such review shall be noted on the reference statement. <nl> 
Professional engineers serving as references shall not be compensated. <ol>
(c)-(e) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717188
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Engineering Experience
22 TAC sec.131.81
The Texas Board of Professional Engineers proposes an amendment to sec.131.81, 
concerning engineering experience. 
The amendment will provide clarification of the documents that must be submitted 
for applicants requesting a waiver from one or both examinations. John R. Speed, 
P.E., executive director, Texas Board of Professional Engineers, has determined 
that for the first five-year period the section is in effect there will no 
effect for state or local government. 
Mr. Speed 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 clarification of documents that must submitted for 
applicants requesting a waiver from one or both examinations. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendment is proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineerswith the authority to 
promulgate rules in accordance with Senate Bill 623. 
Texas Civil Statutes, Article 3271a, sec.12 and sec.13 is affected by the 
proposed amendment. 

sec.131.81. Experience Evaluation. 
(a) Applicants shall submit a supplementary experience record to the board as a 
part of the application. The supplementary experience record is a written 
narrative documenting all of the applicant's engineering experience acquired 
after completion of the first degree used to meet the requirements of sec.131.91 
of this title (relating to Educational Requirements for Applicants).
(1)-(2) (No change.) 
(3) References must be provided to verify enough of the supplementary experience 
record to cover at least the minimum amount of time needed by the applicant for 
issuance of a license. Applicants applying under the Texas Engineering Practice 
Act (Act), sec.12(a)(1) shall provide references for at least four years of 
engineering experience; applicants applying under the Act, sec.12(a)(2) shall 
provide references for at least eight years of engineering experience. 
Applicants seeking a waiver from <nl>the Fundamentals of Engineering examination 
or the Principles and Practice of Engineering<ol> [any] examination requirement 
shall provide <nl>supplementary experience records and<ol> references for an 
additional eight years <nl> of experience<ol> beyond that listed in this 
subsection <nl>and shall conform to sec.131.71(b) of this title (relating to 
References) and sec.131.101(g) of this title (relating to Engineering 
Examinations Required for a License to Practice as a Professional Engineer). 
<ol> 
(4) (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 legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717187
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Education
22 TAC sec.131.91
The Texas Board of Professional Engineers proposes an amendment to sec.131.91, 
concerning education.
The amendment will provide clarification of the educational requirements 
necessary for licensure. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the section is in effect 
there will no effect for state or local government. 
Mr. Speed 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 clarification of the educational requirements necessary for 
licensure. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendment is proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623.
Texas Civil Statutes, Article 3271a, sec.12(a)(1) and (2) is affected by the 
proposed amendment. 

sec.131.91. Educational Requirements for Applicants.
Applicants for a license shall have earned one of the following degrees or 
degree combinations listed in this section: 
(1) Accredited degrees, under the Texas Engineering Practice Act (the Act), 
sec.12(a)(1), as described in subparagraphs (A) and (B) of this paragraph: 
(A) (No change.) 
(B) a bachelor's degree in one of the mathematical, physical, or engineering 
sciences, plus a graduate degree in engineering, provided that:
(i) the graduate degree is obtained from a college having an EAC/ABET accredited 
bachelor's degree in the same discipline; <nl>and <ol> [or] 
(ii) (No change.) 
(2) (No change.) 
(3) Other degree programs submitted to the board by the conferring institutions 
and approved by the board as meeting the requirements of paragraphs (1) or (2) 
of this section.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717186
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Examinations
22 TAC sec.sec.131.101-131.104
The Texas Board of Professional Engineers proposes amendments to 
sec.sec.131.101-131.104, concerning examinations. 
The amendments will provide clarification of the examination waiver requirements 
for applicants with Ph.D. degrees, clear and concise guidelines pertaining to 
examinations for record purposes, and the eligibility requirements for 
certification as an engineer-in-training. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the sections are in effect 
there will no effect for state or local government. 
Mr. Speed also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarification of the examination waiver requirements for 
applicants with Ph.D. degrees, clear and concise guidelines pertaining to 
examinations for record purposes, and the eligibility requirements for 
certification as an engineer-in-training. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendments are proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.12 and sec.12.1 is affected by these proposed amendments. 

sec.131.101. Engineering Examinations Required for a License to Practice as a 
Professional Engineer. 
(a)-(e) (No change.) 
(f) It is the intent of the board to utilize the examination as an integral part 
of the licensing process; all applicants are expected to have passed the 
examinations or to offer sufficient evidence of their qualifications in the 
absence of passage of the examinations. The board may waive one or both of the 
experience and knowledge examinations for applicants who do not pose a threat to 
the public health, safety, or welfare; request a waiver in writing <nl>at the 
time the application is filed;<ol> and meet one of the following requirements 
listed in paragraphs (1)-(3) of this subsection: 
(1)-(2) (No change.) 
(3) persons who have: 
(A) a Ph.D. degree in engineering from a recognized college or university that 
offers an EAC/ABET-approved undergraduate or master's degree program in a 
related branch of engineering <nl>or a Ph.D. degree in engineering or other 
related field of science or mathematics that is individually assessed and 
approved by the board during the evaluation process<ol>; and 
(B) <nl>taught in an EAC/ABET program for at least six years, or have at least 
six years of experience consisting of an acceptable combination of other 
creditable engineering experience or EAC/ABET teaching experience. <ol> [applied 
under the Act, 12(a)(1); and] 
[(C) taught in an EAC/ABET program for at least six years.] 
(g)-(i) (No change.) 

sec.131.102. Examination for Record Purposes. 
<nl>The board may administer examinations for record purposes. The Principles 
and Practice of Engineering examination may not be taken for record purposes 
unless an individual is licensed as a professional engineer or has been given 
permission by the board to take the examination. <ol> 
[(a) The board may administer examinations for record purposes as a convenience 
to the public. The examinations will only be administered when, in the opinion 
of the board, sufficient funds, adequate space, and suitable proctors are 
available. 
[(b) Examination sites, persons eligible to take the examinations, and any other 
criteria under which the examinations will be given will be determined for each 
examination date and may vary from one examination date to another. 
[(c) The board will determine the conditions for giving each examination as soon 
as the available funds, examination sites, and acceptable proctors are 
available. In event the requirements in this section cannot be established 120 
days prior to the examination date, the examination will not be given. 
[(d) The Principles and Practice of Engineering examination may not be taken for 
record purposes unless an individual is registered as a professional engineer or 
has been given permission by the board to take the examination for registration 
purposes.] 

sec.131.103. Engineer-in-Training. 
Individuals who <nl>meet the requirements of the Texas Engineering Practice Act, 
12.1, including successful passage of<ol> [have an EAC/ABET-accredited 
engineering degree or a four-year degree in engineering or engineer-related 
science approved by the board and have successfully passed] the Fundamentals of 
Engineering examination are eligible to apply for engineer-in-training 
certification. 

sec.131.104. Engineer-in-Training Certificates. 
A certificate as an engineer-in-training expires eight years from the date 
<nl>of issuance<ol> [appearing thereon]. This certification does not entitle an 
individual to practice as a professional engineer. The fee for engineer-in-
training certification will be established by the board. To become enrolled as 
an engineer-in-training, a certificate may be issued to an eligible individual 
who <nl>requests<ol> [is eligible, as described in 131.103 of this title 
(relating to Engineer-in-Training), shall apply to the board for] the 
certificate and <nl>pays<ol> [pay] the established fee. Although the certificate 
has an expiration date, the records of the board will indicate that an 
individual has passed the Fundamentals of Engineering examination and these 
records will be maintained in the file indefinitely and will be made available 
as requested by the individual or another licensing jurisdiction. The 
certificate may be renewed [one time at the request of the individual provided 
the request is accompanied by an explanation for the reason of the renewal and 
such request is approved by the board]. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 22, 1997.
TRD-9717185
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Board Review of Application
22 TAC sec.131.113
The Texas Board of Professional Engineers proposes an amendment to sec.131.113, 
concerning board review of application. 
The amendment will provide clarification of the conditions under which the board 
will not reconsider applications for licensure. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the section is in effect 
there will no effect for state or local government. 
Mr. Speed 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 clarification of the conditions under which the board will not 
reconsider applications for licensure. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendment is proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.12(a)(1) and (2) is affected by the proposed amendment.

sec.131.113.Reconsideration of Non-Approved Applications or Examination Waivers.
(a) Reconsideration is not available to persons whose application is non-
approved because of the failure to pass the Principles and Practice of 
Engineering examination, <nl>the failure to possess an acceptable education, the 
failure to claim the required creditable experience, or the failure of the 
applicant who is not licensed in another jurisdiction to establish Texas 
residency. <ol> 
(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 legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717184
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Licensing
22 TAC sec.131.131
The Texas Board of Professional Engineers proposes an amendment to sec.131.131, 
concerning licensing. 
The amendment will provide consistency with the terminology contained in Senate 
Bill 623 and will clarify language pertaining to regular and temporary licenses. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the section is in effect 
there will no effect for state or local government. 
Mr. Speed 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 consistency with the terminology contained in Senate Bill 623 
and clarification in the language pertaining to regular and temporary licenses. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendment is proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.15 is affected by the proposed amendment.

sec.131.131.Regular and Temporary Licenses.
<nl>Unless requested by the applicant or license holder, all<ol> [All] licenses 
issued by the board shall be considered regular licenses. <nl>Regular 
licenses<ol> [and] are fully renewable annually until such time as the board 
takes specific action to prevent [such, a] <nl>renewal or <ol> provision of the 
Texas Engineering Practice Act prevents <nl>renewal. If<ol> [such, or] the 
license holder requests that the license be temporary[. When the license holder 
so requests], the holder's regular license shall be converted to temporary 
status and may only be renewed twice. A temporary license holder shall be 
subject to all other rules and legal requirements to which a holder of a regular 
license is subject. The executive director shall [also] be authorized to convert 
a regular license to a temporary license at the time the regular license is 
issued provided a request for such has been received. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717183
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Registration
22 TAC sec.sec.131.134-131.136
The Texas Board of Professional Engineers proposes amendments to 
sec.sec.131.134-131.136, concerning registration. 
The amendments will provide consistency with the terminology contained in Senate 
Bill 623 and will clarify language pertaining to regular and temporary licenses. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the sections are in effect 
there will no effect for state or local government. 
Mr. Speed also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be consistency with the terminology contained in Senate Bill 
623 and clarification in the language pertaining to regular and temporary 
licenses. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendments are proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.15 is affected by the proposed amendments. 

sec.131.134.Expirations and Renewals.
The [certificate of registration is a] license to practice engineering under the 
provisions of the Texas Engineering Practice Act (the Act) [and] must be renewed 
by the <nl>license holder<ol> [registrant] annually; otherwise, <nl>the<ol> 
[such] license shall become invalid until the date the board receives the 
<nl>license holder's <ol> [registrant's] renewal and penalty fee. Each 
<nl>license holder<ol> [registrant] shall advise the board in writing of each 
change of mailing address as it occurs. The board will mail a renewal notice to 
the last recorded address of each <nl>license holder<ol> [registrant] in 
compliance with the Act, sec.16(a). It is the sole responsibility of the 
<nl>license holder<ol> [registrant] to pay the required renewal fee together 
with any applicable penalty at the time of payment, regardless of whether the 
renewal notice is received. Stipulations with reference to expirations and 
renewals of <nl>licenses<ol> [certificates of registration] are set out in the 
Act, sec.16 and sec.16.1. The following will apply to renewals.
(1)-(5) (No change.) 
(6) A license which has been expired for two years may not be renewed, but the 
former <nl>license holder<ol> [registrant] may apply for a new <nl>license<ol> 
[certificate of registration] as provided in the Act and applicable board rules. 
(7) In strict accordance with the provisions of the Texas Education Code, 
sec.57.491, pertaining to the loan default proceedings of the Texas Guaranteed 
Student Loan Corporation (TGSLC), if a <nl>license holder's<ol> [licensee's] 
name has been provided by<nl> the <ol>TGSLC as being in default of a loan, the 
board shall not renew the license of the <nl>license holder<ol> [licensee] on 
the second renewal date following such notification, unless <nl>the<ol> TGSLC 
certifies that the individual has entered into a repayment agreement with TGSLC, 
or is not in default on a loan. Such <nl>license holder<ol> [licensee] shall be 
provided an opportunity for a hearing, similar to that provided by <nl> 
sec.131.167<ol> [sec.131.137] of this title (relating to Disciplinary Actions), 
before any action concerning the nonrenewal of a license is taken under this 
paragraph. A defaulted loan shall not bar the board's issuance of an initial 
license if the applicant is otherwise qualified for licensure; however, the 
board shall not renew said license unless the TGSLC certifies the individual has 
satisfied the requirements of the Texas Education Code, sec.57.491. 

sec.131.135.Replacement Certificates.
Only one <nl>license<ol> [certificate of registration] will be issued to each 
<nl>license holder<ol> [registrant]. A new <nl>license<ol> [certificate of 
registration] to replace any <nl>license<ol> [certificate] lost, destroyed, or 
mutilated, may be issued, subject to the rules of the board, on payment of the 
established fee[, unless otherwise provided by law] <nl>and verification of the 
status of the original license.<ol> A <nl>license holder<ol> [registrant] 
requesting a replacement <nl>license<ol> [certificate] under this section will, 
if possible, surrender to the board any remaining portions of his original 
<nl>license<ol> [certificate] and shall file with his request a sworn affidavit 
setting out the reasons for his request so that the board records will reflect 
the reason for issuance of a new <nl> license<ol> [certificate]. Replacement 
<nl>licenses<ol> [certificates] will reflect the assigned serial number of the 
<nl>license holder<ol> [registrant]. 

sec.131.136.New Design Certificates.
In the event the board [by its own initiative or the requirements of law] 
redesigns the <nl>license<ol> [certificate of registration] for professional 
engineers, a <nl>license holder<ol> [registrant holding a valid certificate of 
the design existing prior to the date the new design is approved] may obtain a 
<nl>license<ol> [certificate ] of the new design upon payment of a fee to be 
established by the board. [The registrant will not be required to surrender his 
original certificate to obtain a certificate of the new design.] 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717182
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Professional Conduct and Ethics
22 TAC sec.131.151, sec.131.152
The Texas Board of Professional Engineers proposes amendments to sec.131.151 and 
sec.131.152, concerning professional conduct and ethics. The amendments will 
provide clarification of what constitutes misconduct by an engineer and also 
conflicts of interest. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the sections are in effect 
there will no effect for state or local government. 
Mr. Speed also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarification of what constitutes misconduct by an engineer 
and also conflicts of interest. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendments are proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.8 is affected by the proposed amendments. 

sec.131.151.Engineers Shall Protect the Public.
(a) (No change.) 
(b) Engineers shall not perform any engineering function which, when measured by 
generally accepted engineering standards or procedures, is reasonably likely to 
result in the endangerment of lives, health, safety, property, or welfare of the 
public. <nl>Any act or conduct which constitutes incompetence or gross 
negligence, or a criminal violation of law, constitutes misconduct and shall be 
censurable by the board. <ol> 
(c)-(d) (No change.)

sec.131.152.Engineers Shall Be Objective and Truthful.
(a)-(c) (No change.) 
(d) <nl>A conflict of interest exists when an engineer accepts <ol> [An engineer 
commits misconduct by accepting] employment when a reasonable probability exists 
that the engineer's own financial, business, property, or personal interests may 
affect any professional judgment, decisions, or practices exercised on behalf of 
the client or employer. <nl>An engineer may accept such an employment only if 
all parties involved in the potential conflict of interest are fully informed in 
writing and the client or employer confirms the knowledge of the potential 
conflict in writing. An engineer in a conflict of interest employment shall 
maintain the interests of the client and other parties as provided by 
sec.131.154 of this title (relating to Engineers Shall Maintain Confidentiality 
of Clients) and other rules and statutes. <ol> 
(e) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717181
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Compliance and Enforcement
22 TAC sec.sec.131.162, 131.163, 131.166, 131.167 
The Texas Board of Professional Engineers proposes amendments to 
sec.sec.131.162, 131.163, 131.166, and 131.167, concerning compliance and 
enforcement. 
The amendments will clarify language pertaining to a firm's compliance with the 
TEPA, an engineer's compliance with the Act, and will provide correct examples 
of engineers' seals consistent with Senate Bill 623. The amendment to 
sec.131.167 provides clarification and corrects cross references to statute and 
rules. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the sections are in effect 
there will no effect for state or local government. 
Mr. Speed also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarified language pertaining to a firm's compliance with 
the TEPA, an engineer's compliance with the Act and correct examples of 
engineers' seals consistent with Senate Bill 623. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The amendments are proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.sec.15, 17, 18, 22, 22C, and 23 is affected by the proposed 
amendments.

sec.131.162.Firm Compliance.
The board shall not consider any firm, partnership, association, corporation, or 
other business entity as being in compliance with <nl>the<ol> Texas Engineering 
Practice Act (Act), sec.17 and sec.18, unless a licensed professional engineer 
is a regular full-time employee of the firm, partnership, association, 
corporation or other business entity. The engineer shall provide to the board 
evidence of such employment upon its request. <nl>This section does not prohibit 
a licensed professional engineer from performing consulting engineering services 
on a part-time basis as an individual. An engineering firm shall provide that at 
least one full-time employee engineer directly supervises all engineering work 
performed in branch, remote, or project offices. <ol> [Although this rule does 
not prohibit a licensed professional engineer from performing engineering 
services on a part-time basis, such part-time work for a firm does not allow 
that firm to offer engineering services or otherwise act in a manner not in 
conformance with the Act. Branch or remote offices shall have a full-time 
employee engineer directly supervising all engineering performed in that 
office.] 

sec.131.163.Engineer Compliance.
Any engineer who directly or indirectly enters into any contract, arrangement, 
plan, or scheme with any person, firm, partnership, association, or corporation 
or other business entity which in any manner results in a violation of 
sec.131.162 of this title (relating to Firm Compliance) shall be subject to 
legal and disciplinary actions available to the board. <nl>Engineers shall 
perform or directly supervise the engineering work of any subordinates as 
provided by sec.131.18 of this title (relating to Definitions). Under no 
circumstances shall engineers work in a part-time arrangement with a firm not 
otherwise in full compliance with sec.131.162 of this title in a manner that 
could enable such firm to offer or perform professional engineering services. 
<ol> [Engineers who operate a part-time engineering business shall actively 
supervise the engineering work of any subordinates as that work occurs.]

sec.131.166.Engineers' Seals.
(a) The purpose of the engineer's seal is to assure the user of the engineering 
product that the work has been performed by the professional engineer named and 
to delineate the scope of the engineer's work. The engineer shall utilize the 
designation "P.E." or the titles set forth in the Texas Engineering Practice Act 
(Act), sec.1.3. Physical seals of two different sizes will be acceptable: a 
pocket seal (the size commercially designated as 1-5/8-inch seal) or desk seal 
(commercially designated as a two-inch seal) to be of the design shown in this 
subsection. Computer-generated seals may be of a reduced size provided that the 
engineer's name and number are clearly legible. 
Figure: 22 TAC sec.131.166(a) 
(b)-(n) (No change.) 

sec.131.167.Disciplinary Actions.
(a)-(g) (No change.) 
(h) The following is a table of suggested sanctions the board may levy against 
license holders for specific infractions of the Act or rules; the minimum 
administrative penalty will be $100 per violation: 
Figure: 22 TAC sec.131.167(h) 
(i) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717180
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

Compliance and Enforcement
22 TAC sec.131.168
The Texas Board of Professional Engineers proposes new sec.131.168, concerning 
compliance and enforcement. 
The new section will establish the investigative process and resulting action 
the board will follow to ensure due process when non-license holders or firms 
are found to have violated the Texas Engineering Practice Act, sec.8 and 
sec.22C. 
John R. Speed, P.E., executive director, Texas Board of Professional Engineers, 
has determined that for the first five-year period the section is in effect 
there will no effect for state or local government. 
Mr. Speed 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 establishment of the investigative process and resulting 
action the board will follow to ensure due process when non-license holders or 
firms are found to have violated the Texas Engineering Practice Act, sec.8 and 
sec.22C. 
Comments on the proposal may be submitted to John R. Speed, P.E., Executive 
Director, Texas Board of Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329. 
The new section is proposed under Texas Civil Statutes, Article 3271, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. Texas Civil Statutes, 
Article 3271a, sec.8 and sec.22C is affected by the proposed new section. 

sec.131.168.Actions Against Non-License Holders.
Under the authority and provisions of the Texas Engineering Practice Act, sec.8 
and sec.22C, the board shall investigate complaints and take action against non-
license holders or firms who are found to be censurable for a violation of the 
law. The following investigative process and resulting action listed in 
paragraphs (1)-(3) of this section will be followed by the board to ensure 
affected individuals and/or firms are afforded due process of law. 
(1) Upon receipt of a formal or staff initiated complaint, the information will 
be evaluated to determine if the evidence provides sufficient probable cause 
that a violation may have occurred. 
(2) If sufficient probable cause does not exist, an investigation will not be 
initiated. 
(3) If sufficient probable cause is found, then an investigation will be 
initiated by the board staff to determine if a violation of law has occurred. 
The board's investigative process will be as follows. 
(A) The individual or firm will be advised of the complaint and the specific 
section of the Act which appears to be violated. If the initial evidence is 
sufficiently strong, the executive director may offer the respondent a consent 
order that, if accepted, will be presented to the board for acceptance or 
rejection. The consent order shall include an administrative penalty not 
inconsistent with sec.131.167(i) of this title (relating to Disciplinary 
Actions) and a compliance requirement. The respondent shall be fully informed of 
the range of penalties allowed under criminal, civil and administrative 
proceedings. 
(B) The respondent will be afforded the opportunity to respond to the complaint 
to show that the actions which precipitated the complaint are not in violation 
of the Act, or to accept the consent order. 
(C) If, after evaluation of the respondent's response a violation appears 
evident, the respondent will be afforded the opportunity to resolve the 
allegations informally in the same manner prescribed for license holders in 
sec.131.167(e) of this title (relating to Disciplinary Actions). 
(D) Any board action under this paragraph which is not informally disposed by 
agreed or consent order, will be considered a contested case and will be handled 
in accordance with applicable law and board rules. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717179
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 440-7723

PART XV. Texas State Board of Pharmacy
CHAPTER 291. Pharmacies
Nuclear Pharmacy (Class B)
22 TAC sec.sec.291.51-291.54
(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 Pharmacy or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of of Pharmacy proposes repeal of sec.sec.291.51 - 291.54 
and simultaneously proposes new sec.sec.291.51 - 291.55, concerning purpose, 
definitions, personnel, operational standards, and records in a Nuclear Pharmacy 
(Class B). 
These rules, if adopted, will replace the current Nuclear Pharmacy (Class B) 
rules and specify the purpose, definitions, personnel, operational standards, 
and records for operation of a Nuclear Pharmacy (Class B). The rule are the 
result of recommendations to the Board of Pharmacy by a Task Force on Nuclear 
Pharmacy. This Task Force was established by the Board to review the current 
Class B (Nuclear) Pharmacy rules to identify and make recommendations for areas 
that need to be updated; make recommendations to incorporate appropriate 
requirements for the compounding of sterile pharmaceuticals; and make 
recommendations concerning areas of regulatory overlap between agencies, such as 
the Texas Department of Health - Bureau of Radiation Control and the Texas State 
Board of Pharmacy. The rules propose to update the rules to include appropriate 
requirements for the preparation of sterile radiopharmaceuticals; clarify the 
duties of a pharmacist and the responsibilities of the pharmacist-in-charge; 
specify training requirements for pharmacists and pharmacy technicians; 
establish education, training, and evaluation requirements for pharmacy 
personnel who compound or directly supervise the compounding of sterile 
radiopharmaceuticals; establish and/or update the requirements for licensing, 
environment, prescription dispensing and delivery, pharmaceutical care services, 
equipment, radiopharmaceutical and/or radioactive materials, loading bulk drugs 
into automated compounding devices, and sterile radiopharmaceuticals; and bring 
many of the recordkeeping provisions for a Community (Class A) Pharmacy 
Compounding Sterile Pharmaceuticals to the Nuclear Pharmacy (Class B) practice 
setting, such as permitting electronic radioactive prescription drug orders, 
radioactive prescription drug orders for certain drugs from practitioners not 
licensed in the state of Texas, contents of the various radioactive prescription 
drug orders, and other records required to be maintained by the pharmacy. 
Gay Dodson, R.Ph., Executive Director, has determined that for the first five-
year period the rule is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the rule. 
Ms. Dodson also has determined that for each year of the first five-year period 
the rule will be in effect the public benefit anticipated as a result of 
enforcing the rule will be the establishment of standards for the operation of a 
Class B (Nuclear Pharmacy. 
An estimated $50.00 per year to meet the additional quality control and pharmacy 
technician training requirements. A one time $100.00 - $500.00 cost per 
pharmacist for sterile products training if not previously trained. The cost 
depends on whether the training course is an on-the-job program or an off-site 
program accredited by an ACPE approved provider including travel and lodging.
Comments on the proposal may be submitted to Steve Morse, R.Ph., Director of 
Compliance, 333 Guadalupe Street, Suite 3-600, Box 21, Austin, Texas, 78701-
3942.
The repeal is proposed under the Texas Pharmacy Act (Article 4542a-1, Texas 
Civil Statutes): Section 4 which specifies that the purpose of the Act is to 
protect the public through the effective control and regulation of the practice 
of pharmacy; Section 16(a) which gives the Board the authority to adopt rules 
for the proper administration and enforcement of the Act; Section 17(b)(3) which 
gives the Board the authority to specify minimum standards for drug storage, 
maintenance of prescription drug records and procedures for the delivery, 
dispensing in a suitable container appropriately labeled, providing of 
prescription drugs or devices within the practice of pharmacy. The statutes 
affected by this rule: Texas Civil Statutes, Article 4542a-1.
sec.291.51. Definitions. 
sec.291.52. Personnel. 
sec.291.53. Operational Standards. 
sec.291.54. Records.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717052
Gay Dodson, R.Ph
Executive Director
Texas State Board of Pharmacy
Proposed date of adoption: February 10, 1998
For further information, please call: (512) 305-8026

22 TAC sec.sec.291.51-291.55
The new rule is proposed under the Texas Pharmacy Act (Article 4542a-1, Texas 
Civil Statutes): Section 4 which specifies that the purpose of the Act is to 
protect the public through the effective control and regulation of the practice 
of pharmacy; Section 16(a) which gives the Board the authority to adopt rules 
for the proper administration and enforcement of the Act; Section 17(b)(3) which 
gives the Board the authority to specify minimum standards for drug storage, 
maintenance of prescription drug records and procedures for the delivery, 
dispensing in a suitable container appropriately labeled, providing of 
prescription drugs or devices within the practice of pharmacy. The statutes 
affected by this rule: Texas Civil Statutes, Article 4542a-1.

sec.291.51. Purpose. 
The purpose of these sections is to provide standards for the preparation, 
labeling, and distribution of compounded radiopharmaceuticals by licensed 
nuclear pharmacies, pursuant to a radioactive prescription drug order. 

sec.291.52. Definitions. 
The following words and terms, when used in these sections, shall have the 
following meanings, unless the context clearly indicates otherwise. Any term not 
defined in this section shall have the definition set forth in the Act, sec. 5. 
Act- The Texas Pharmacy Act, Texas Civil Statutes, Article 4542a-1, as amended. 
Accurately as prescribed -Dispensing, delivering, and/or distributing a 
prescription drug order or radioactive prescription drug order: 
(A) to the correct patient (or agent of the patient) for whom the drug or device 
was prescribed; 
(B) with the correct drug in the correct strength, quantity, and dosage form 
ordered by the practitioner; and 
(C) with correct labeling (including directions for use) as ordered by the 
practitioner. Provided, however, that nothing herein shall prohibit pharmacist 
substitution if substitution is conducted in strict accordance with applicable 
laws and rules, including sec.40 of the Texas Pharmacy Act.
Administer -The direct application of a prescription drug and/or 
radiopharmaceutical, by injection, inhalation, ingestion, or any other means to 
the body of a patient by: 
(A) a practitioner, an authorized agent under his supervision, or other person 
authorized by law; or 
(B) the patient at the direction of a practitioner. Airborne particulate 
cleanliness class -The level of cleanliness specified by the maximum allowable 
number of particles per cubic foot of air as specified in Federal Standard 209E, 
et seq. For example: 
(A) Class 100 is an atmospheric environment which contains less than 100 
particles no greater than 0.5 microns in diameter per cubic foot of air; 
(B) Class 10,000 is an atmospheric environment which contains less than 10,000 
particles no greater than 0.5 microns in diameter per cubic foot of air; and 
(C) Class 100,000 is an atmospheric environment which contains less than 100,000 
particles no greater than 0.5 microns in diameter per cubic foot of air. 
Authentication of product history -Identifying the purchasing source, the 
intermediate handling, and the ultimate disposition of any component of a 
radioactive drug. Authorized nuclear pharmacist A pharmacist who has completed 
the specialized training requirements specified by these rules for the 
preparation and distribution of radiopharmaceuticals. Authorized user Any 
individual named on a Texas radioactive material license, issued by the Texas 
Department of Health, Bureau of Radiation Control. Automated compounding or drug 
dispensing device An automated device that compounds, measures, counts, 
packages, and/or labels a specified quantity of dosage units for a designated 
drug product 
Biological Safety Cabinet -Containment unit suitable for the preparation of low 
to moderate risk agents where there is a need for protection of the product, 
personnel, and environment, according to National Sanitation Foundation (NSF) 
Standard 49. 
Board -The Texas State Board of Pharmacy. 
Class B pharmacy license or nuclear pharmacy license -A license issued to a 
pharmacy dispensing or providing radioactive drugs or devices for administration 
to an ultimate user. 
Clean room -A room in which the concentration of airborne particles is 
controlled and there are one or more clean zones according to Federal Standard 
209E, et. Seq. 
Clean zone -A defined space in which the concentration of airborne particles is 
controlled to meet a specified airborne particulate cleanliness class. 
Controlled area -A controlled area is the area designated for preparing sterile 
radiopharmaceuticals. 
Controlled substance -A drug, immediate precursor, or other substance listed in 
Schedules I-V or Penalty Groups 1-4 of the Texas Controlled Substances Act, as 
amended, or a drug, immediate precursor, or other substance included in Schedule 
I, II, III, IV, or V of the Federal Comprehensive Drug Abuse Prevention and 
Control Act of 1970, as amended (Public Law 91-513).
Dangerous drug -A device, drug, or radioactive drug that is unsafe for self 
medication and that is not included in Penalty Groups I through IV of Chapter 
481 (Texas Controlled Substances Act). The term includes a device, drug, or 
radiopharmaceutical that bears or is required to bear the legend:
(A) "Caution: Federal Law Prohibits Dispensing Without a Prescription;" or 
(B) "Caution: Federal Law Restricts This Drug To Be Used By or on the Order of a 
Licensed Veterinarian" 
Data communication device -An electronic device that receives electronic 
information from one source and transmits or routes it to another (e.g., bridge, 
router, switch, or gateway). 
Deliver or delivery -The actual, constructive, or attempted transfer of a 
prescription drug or device, radiopharmaceutical, or controlled substance from 
one person to another, whether or not for a consideration.
Designated agent-
(A) a licensed nurse, physician assistant, pharmacist, or other individual 
designated by a practitioner, and for whom the practitioner assumes legal 
responsibility, who communicates radioactive prescription drug orders to a 
pharmacist; or 
(B) a licensed nurse, physician assistant, or pharmacist employed in a health 
care facility to whom the practitioner communicates a radioactive prescription 
drug order. 
Device -An instrument, apparatus, implement, machine, contrivance, implant, in 
vitro reagent, or other similar or related articles, including any component 
parts or accessory that is required under federal or state law to be ordered or 
prescribed by a practitioner. 
Diagnostic prescription drug order -A radioactive prescription drug order issued 
for a diagnostic purpose. 
Dispense -Preparing, packaging, compounding, or labeling for delivery a 
prescription drug or device, or a radiopharmaceutical in the course of 
professional practice to an ultimate user or his agent by or pursuant to the 
lawful order of a practitioner. 
Dispensing pharmacist -The authorized nuclear pharmacist responsible for the 
final check of the dispensed prescription before delivery to the patient.
Distribute -The delivering of a prescription drug or device, or a 
radiopharmaceutical other than by administering or dispensing. 
Electronic radioactive prescription drug order -A radioactive prescription drug 
order which is transmitted by an electronic device to the receiver (pharmacy). 
Internal test assessment -Validation of tests for quality control necessary to 
insure the integrity of the test. 
Nuclear pharmacy technique -The mechanical ability required to perform the 
nonjudgmental, technical aspects of preparing and dispensing 
radiopharmaceuticals. 
Original prescription -The: 
(A) original written radioactive prescription drug orders, or 
(B) original verbal or electronic radioactive prescription drug orders reduced 
to writing either manually or electronically by the pharmacist.
Pharmacist-in-charge -The pharmacist designated on a pharmacy license as the 
pharmacist who has the authority or responsibility for a pharmacy's compliance 
with laws and rules pertaining to the practice of pharmacy. 
Pharmacy technician/Supportive Personnel -Those individuals utilized in 
pharmacies whose responsibility it shall be to provide technical services that 
do not require professional judgment concerned with the preparation and 
distribution of drugs or radiopharmaceuticals under the direct supervision of 
and responsible to a pharmacist. 
Process validation -Documented evidence providing a high degree of assurance 
that a specific process will consistently produce a product meeting its 
predetermined specifications and quality attributes. 
Radiopharmaceutical -A prescription drug or device that exhibits spontaneous 
disintegration of unstable nuclei with the emission of a nuclear particle(s) or 
photon(s), including any nonradioactive reagent kit or nuclide generator that is 
intended to be used in preparation of any such substance.
Radioactive drug quality control -The set of testing activities used to 
determine that the ingredients, components (e.g., containers), and final 
radiopharmaceutical prepared meets predetermined requirements with respect to 
identity, purity, non-pyrogenicity, and sterility and the interpretation of the 
resulting data in order to determine the feasibility for use in humans and 
animals including internal test assessment, authentication of product history, 
and the keeping of mandatory records. 
Radioactive drug service -The act of distributing radiopharmaceuticals; the 
participation in radiopharmaceutical selection and the performance of 
radiopharmaceutical drug reviews. 
Radioactive prescription drug order -An order from a practitioner or a 
practitioner's designated agent for a radiopharmaceutical to be dispensed.
Sterile radiopharmaceutical -A dosage form of a radiopharmaceutical free from 
living micro-organisms. 
Therapeutic prescription drug order -A radioactive prescription drug order 
issued for a specific patient for a therapeutic purpose. 
Ultimate user -A person who has obtained and possesses a prescription drug or 
radiopharmaceutical for his or her own use or for the use of a member of his or 
her household. 

sec.291.53. Personnel.
(a) Pharmacists-in-Charge. 
(1) General. 
(A) Every nuclear pharmacy shall have an authorized nuclear pharmacist 
designated on the nuclear pharmacy license as the pharmacist-in-charge who shall 
be responsible for a nuclear pharmacy's compliance with laws and regulations, 
both state and federal, pertaining to the practice of nuclear pharmacy. 
(B) The nuclear pharmacy pharmacist-in-charge shall see that directives from the 
board are communicated to the owner(s), management, other pharmacists, and 
interns of the nuclear pharmacy. 
(C) An authorized nuclear pharmacist may be pharmacist-in-charge for no more 
than one nuclear pharmacy at any one given time. 
(2) Responsibilities. The pharmacist-in-charge shall have the responsibility 
for, at a minimum, the following: 
(A) ensuring that radiopharmaceuticals are dispensed and delivered safely and 
accurately as prescribed; 
(B) developing a system to assure that all pharmacy personnel responsible for 
compounding and/or supervising the compounding of radiopharmaceuticals within 
the pharmacy receive appropriate education and training and competency 
evaluation; 
(C) establishing policies for procurement of drugs and devices and storage of 
all pharmaceutical materials including radiopharmaceuticals, components used in 
the compounding of radiopharmaceuticals, and drug delivery devices; 
(D) developing a system for the disposal and distribution of drugs from the 
Class B pharmacy 
(E) developing a system for the compounding, sterility assurance, and quality 
control of sterile radiopharmaceuticals; 
(F) maintaining records of all transactions of the Class B pharmacy necessary to 
maintain accurate control over and accountability for all pharmaceutical 
materials including radiopharmaceuticals, required by applicable state and 
federal laws and rules; 
(G) developing a system to assure the maintenance of effective controls against 
the theft or diversion of prescription drugs, and records for such drugs; 
(H) assuring that the pharmacy has a system to dispose of radioactive and 
cytotoxic waste in a manner so as not to endanger the public health; and 
(I) legal operation of the pharmacy, including meeting all inspection and other 
requirements of all state and federal laws or rules governing the practice of 
pharmacy. 
(b) Authorized nuclear pharmacists. 
(1) General. 
(A) The pharmacist-in-charge shall be assisted by a sufficient number of 
additional authorized nuclear pharmacists as may be required to operate the 
pharmacy competently, safely, and adequately to meet the needs of the patients 
of the pharmacy. 
(B) All personnel performing tasks in the preparation and distribution of 
radiopharmaceuticals shall be under the direct supervision of an authorized 
nuclear pharmacist. General qualifications for an authorized nuclear pharmacist 
are the following. A pharmacist shall: 
(i) meet minimal standards of training and experience in the handling of 
radioactive materials in accordance with the requirements of the Texas 
Regulations for Control of Radiation of the Bureau of Radiation Control, Texas 
Department of Health; 
(ii) be a pharmacist licensed by the board to practice pharmacy in Texas; and 
(iii) submit to the board either: 
(I) written certification that he or she has current board certification as a 
nuclear pharmacist by the Board of Pharmaceutical Specialties; or 
(II) written certification signed by preceptor authorized nuclear pharmacist 
that he or she has achieved a level of competency sufficient to independently 
operate as an authorized nuclear pharmacist and has satisfactorily completed 700 
hours in a structured educational program consisting of both:
(-a-) 200 hours of didactic training in a program accepted by the Bureau of 
Radiation Control, Texas Department of Health in the following areas: 
(-1-) radiation physics and instrumentation; 
(-2-) radiation protection; 
(-3-) mathematics pertaining to the use and measurement of radioactivity; 
(-4-) radiation biology; and 
(-5-) chemistry of radioactive material for medical use; and
(-b-) 500 hours of supervised experience in a nuclear pharmacy involving the 
following: 
(-1-) shipping, receiving, and performing related radiation surveys; 
(-2-) using and performing checks for proper operation of dose calibrators, 
survey meters, and, if appropriate, instruments used to measure alpha- or beta-
emitting radionuclides; 
(-3-) calculating, assaying, and safely preparing dosages for patients or human 
research subjects; 
(-4-) using administrative controls to avoid mistakes in the administration of 
radioactive material; and 
(-5-) using procedures to prevent or minimize contamination and using proper 
decontamination procedures. 
(C) The board may issue a letter of notification that the evidence submitted by 
the pharmacist meets the requirements of subparagraph (B)(i)-(iii) of this 
paragraph and has been accepted by the board and that, based thereon, the 
pharmacist is recognized as an authorized nuclear pharmacist.
(D) Authorized nuclear pharmacists are solely responsible for the direct 
supervision of pharmacy technicians and for delegating nuclear pharmacy 
techniques and additional duties, other than those listed in paragraph (2) of 
this subsection, to pharmacy technicians. Each authorized nuclear pharmacist:
(i) shall verify the accuracy of all acts, tasks, or functions performed by 
pharmacy technicians; and 
(ii) shall be responsible for any delegated act performed by pharmacy 
technicians under his or her supervision. 
(E) All authorized nuclear pharmacists while on duty, shall be responsible for 
complying with all state and federal laws or rules governing the practice of 
pharmacy. 
(F) The dispensing pharmacist shall ensure that the drug is dispensed and 
delivered safely and accurately as prescribed. 
(2) Duties. Duties which may only be performed by an authorized nuclear 
pharmacist are as follows: 
(A) receiving verbal therapeutic prescription drug orders and reducing these 
orders to writing, either manually or electronically; 
(B) receiving verbal, diagnostic prescription drug orders in instances where 
patient specificity is required for patient safety (e.g., radiolabeled blood 
products, radiolabeled antibiodies) and reducing these orders to writing, either 
manually or electronically; 
(C) interpreting and evaluating radioactive prescription drug orders; 
(D) selection of drug products; and 
(E) performing the final check of the dispensed prescription before delivery to 
the patient to ensure that the radioactive prescription drug order has been 
dispensed accurately as prescribed. 
(c) Pharmacy Technicians 
(1) General. 
(A) Pharmacy technicians in a nuclear pharmacy shall possess sufficient 
education and training to qualify such individual to perform assigned tasks 
including nuclear pharmacy techniques. 
(B) The pharmacist-in-charge shall document the training and certify the 
competency of pharmacy technicians completing the training. A written record of 
initial and in-service training of pharmacy technicians shall be maintained and 
contain the following information: 
(i) name of the person receiving the training; 
(ii) date(s) of the training; 
(iii) general description of the topics covered; 
(iv) a statement or statements that certifies that the pharmacy technician is 
competent to perform the duties assigned; 
(v) name of the person supervising the training; and 
(vi) signature of the pharmacy technician and the pharmacist-in-charge or other 
pharmacist employed by the pharmacy and designated by the pharmacist-in-charge 
as responsible for training of supportive personnel. 
(2) Duties. Pharmacy technicians may perform any nuclear pharmacy technique 
delegated by an authorized nuclear pharmacist which is associated with the 
preparation and distribution of radiopharmaceuticals other than those duties 
listed in subsection (b)(2) of this section provided:
(A) an authorized nuclear pharmacist conducts in-process and final checks; and 
(B) pharmacy technicians are under the direct supervision of and responsible to 
an authorized nuclear pharmacist. 
(3) Ratio of authorized nuclear pharmacists to pharmacy technicians. The ratio 
of authorized nuclear pharmacists to pharmacy technicians shall be no greater 
than 1:2, provided that only one pharmacy technician may be engaged in the 
compounding of a sterile radiopharmaceutical. 
(d) Special education, training, and evaluation requirements for pharmacy 
personnel compounding or responsible for the direct supervision of pharmacy 
personnel compounding sterile radiopharmaceuticals. 
(1) General. 
(A) All pharmacy personnel preparing sterile radiopharmaceuticals shall receive 
didactic and experiential training and competency evaluation through 
demonstration, testing (written or practical) as outlined by the pharmacist-in-
charge and described in the policy and procedure or training manual. Such 
training shall include instruction and experience in the following areas: 
(i) aseptic technique; 
(ii) critical area contamination factors; 
(iii) environmental monitoring; 
(iv) facilities; 
(v) equipment and supplies; 
(vi) sterile pharmaceutical and radiopharmaceutical calculations and 
terminology; 
(vii) sterile radiopharmaceutical compounding documentation;
(viii) quality assurance procedures; 
(ix) aseptic preparation procedures including proper gowning and gloving 
technique; 
(x) handling of hazardous drugs, if applicable; and 
(xi) general conduct in the controlled area. 
(B) The aseptic technique of each person compounding or responsible for the 
direct supervision of personnel compounding sterile radiopharmaceuticals shall 
be observed, evaluated, and documented as satisfactory through written or 
practical tests and process validation. 
(C) Although process validation may be incorporated into the experiential 
portion of a training program, process validation must be conducted at each 
pharmacy where an individual compounds sterile radiopharmaceuticals. No product 
intended for patient use shall be compounded by an individual until the on-site 
process validation test indicates that the individual can competently perform 
aseptic procedures, except that an authorized nuclear pharmacist may temporarily 
compound sterile radiopharmaceuticals and supervise pharmacy technicians 
compounding sterile radiopharmaceuticals without process validation provided the 
authorized nuclear pharmacist: 
(i) has completed a recognized course in an accredited college of pharmacy or a 
course sponsored by an American Council on Pharmaceutical Education approved 
provider which provides 20 hours of instruction and experience in the areas 
listed in this paragraph; and 
(ii) completes the on-site process validation within seven days of commencing 
work at the pharmacy. 
(D) Process validation procedures for assessing the preparation of specific 
types of sterile radiopharmaceuticals shall be representative of all types of 
manipulations, products, and batch sizes that personnel preparing that type of 
radioradiopharmaceutical are likely to encounter. 
(E) The pharmacist-in-charge shall assure continuing competency of pharmacy 
personnel through in-service education, training, and process validation to 
supplement initial training. Personnel competency shall be evaluated:
(i) during orientation and training prior to the regular performance of those 
tasks; 
(ii) whenever the quality assurance program yields an unacceptable result; 
(iii) whenever unacceptable techniques are observed; and 
(iv) at least on an annual basis. 
(2) Pharmacists. 
(A) All pharmacists who compound sterile radiopharmaceuticals or supervise 
pharmacy technicians compounding sterile radiopharmaceuticals shall: 
(i) effective January 1, 2000, complete a recognized course in an accredited 
college of pharmacy or a course sponsored by an American Council on 
Pharmaceutical Education approved provider which provides 20 hours of 
instruction and experience in the areas listed in paragraph (1) of this 
subsection; and 
(ii) possess knowledge about: 
(I) aseptic processing; 
(II) quality control as related to environmental, component, and end-product 
testing; 
(III) chemical, pharmaceutical, and clinical properties of drugs; 
(IV) container, equipment, and closure system selection; and
(V) sterilization techniques. 
(B) Pharmacists shall discontinue preparation of sterile radiopharmaceuticals if 
the training specified in subparagraph (A) of this paragraph is not completed by 
January 1, 2000. 
(C) The required experiential portion of the training programs specified in this 
paragraph must be supervised by an individual who has already completed training 
in the compounding of sterile pharmaceuticals. 
(3) Pharmacy technicians. In addition to the qualifications and training 
outlined in subsection (c) of this section, all pharmacy technicians who 
compound sterile radiopharmaceuticals shall: 
(A) have a high school or equivalent education; 
(B) complete through a single course, a structured on-the-job didactic and 
experiential training program at this pharmacy which provides 40 hours of 
instruction and experience in the areas listed in paragraph (1) of this 
subsection. Such training may not be transferred to another pharmacy unless the 
pharmacies are under common ownership and control and use a common training 
program; 
(C) acquire the required experiential portion of the training programs specified 
in this paragraph under the supervision of an individual who has already 
completed training in the compounding of sterile pharmaceuticals.
(4) Documentation of Training. A written record of initial and in-service 
training and the results of written or practical testing and process validation 
of pharmacy personnel shall be maintained and contain the following information: 
(A) name of the person receiving the training or completing the testing or 
process validation; 
(B) date(s) of the training, testing, or process validation;
(C) general description of the topics covered in the training or testing or of 
the process validated; 
(D) name of the person supervising the training, testing, or process validation; 
and 
(E) signature (first initial and last name or full signature) of the person 
receiving the training or completing the testing or process validation and the 
pharmacist-in-charge or other pharmacist employed by the pharmacy and designated 
by the pharmacist-in-charge as responsible for training, testing, or process 
validation of personnel. 

sec.291.54. Operational Standards.
(a) Licensing requirements. 
(1) It is unlawful for a person to provide radioactive drug services unless such 
provision is performed by a person licensed to act as an authorized nuclear 
pharmacist, as defined by the board, or is a person acting under the direct 
supervision of an authorized nuclear pharmacist acting in accordance with the 
Act and its rules, and the regulations of the Texas Department of Health, Bureau 
of Radiation Control. Subsection (a) of this section does not apply to: 
(A) a licensed practitioner or his or her designated agent for administration to 
his or her patient, provided no person may receive, possess, use, transfer, own, 
acquire, or dispose of radiopharmaceuticals except as authorized in a specific 
or a general license as provided in Texas Regulations for Control of Radiation, 
Part 41, Texas Department of Health, or the Act;
(B) institutions and/or facilities with nuclear medicine services operated by 
practitioners and who are licensed by the Texas Department of Health, Bureau of 
Radiation Control, to prescribe, administer, and dispense radioactive materials 
(drugs and/or devices). 
(2) An applicant for a Class B pharmacy shall provide evidence to the board of 
the possession of a Texas Department of Health Radiation Control Number. 
(3) A Class B pharmacy shall register annually with the board on a pharmacy 
license application provided by the board, following the procedures specified in 
sec.291.1 of this title (relating to Pharmacy License Application). 
(4) A Class B pharmacy which changes ownership shall notify the board within ten 
days of the change of ownership and apply for a new and separate license as 
specified in sec.291.4 of this title (relating to Change of Ownership). 
(5) A Class B pharmacy which changes location and/or name shall notify the board 
within ten days of the change and file for an amended license as specified in 
sec.291.2 of this title (relating to Change of Location and/or Name). 
(6) A Class B pharmacy owned by a partnership or corporation which changes 
managing officers shall notify the board in writing of the names of the new 
managing officers within ten days of the change, following the procedures in 
sec.291.3 of this title (relating to Change of Managing Officers).
(7) A Class B pharmacy shall notify the board in writing within ten days of 
closing, following the procedures in sec.291.5 of this title (relating to Closed 
Pharmacies). 
(8) A separate license is required for each principal place of business and only 
one pharmacy license may be issued to a specific location. 
(9) A fee as specified in sec.291.6 of this title (relating to Pharmacy License 
Fees) will be charged for the issuance and renewal of a license and the issuance 
of an amended license. 
(10) A Class B pharmacy, licensed under the provisions of the Act, sec.29(b)(2), 
which also operates another type of pharmacy which would otherwise be required 
to be licensed under the Act, sec.29(b)(1), concerning community pharmacy (Class 
A), is not required to secure a license for such other type of pharmacy; 
provided, however, such licensee is required to comply with the provisions of 
sec.291.31 of this title (relating to Definitions); sec.291.32 of this title 
(relating to Personnel); sec.291.33 of this title (relating to Operational 
Standards); sec.291.34 of this title (relating to Records); sec.291.35 of this 
title (relating to Triplicate Prescription Requirements); and sec.291.36 of this 
title (relating to Class A Pharmacies Dispensing Compounded Sterile Parenteral 
and/or Enteral Products), contained in Community Pharmacy (Class A), to the 
extent such rules are applicable to the operation of the pharmacy. 
(11) A Class B pharmacy engaged in nonsterile compounding of drug products shall 
comply with the provisions of sec.sec.291.31-291.34 of this title (relating to 
Definitions, Personnel, Operational Standards, and Records for Class A 
(Community) Pharmacies) to the extent such rules are applicable to nonsterile 
compounding of drug products. 
(b) Environment. 
(1) General requirements. 
(A) The pharmacy shall be enclosed and lockable. 
(B) The pharmacy shall have a designated controlled area for 
radiopharmaceuticals that is functionally separate from other areas of the 
facility. If non-sterile radiopharmaceuticals are dispensed, the controlled area 
for sterile radiopharmaceuticals shall be functionally separate from the 
controlled area for non- sterile radiopharmaceuticals. 
(C) The pharmacy shall have adequate space necessary for the storage, 
compounding, labeling, dispensing, and sterile preparation of drugs prepared in 
the pharmacy, and additional space, depending on the size and scope of 
pharmaceutical services. 
(D) The pharmacy shall be arranged in an orderly fashion and shall be kept 
clean. All required equipment shall be clean and in good operating condition. 
(E) A sink with hot and cold running water, exclusive of restroom facilities, 
designated primarily for use of admixtures, shall be available within the 
pharmacy area to all pharmacy personnel and shall be maintained in a sanitary 
condition at all times. 
(F) The pharmacy shall be properly lighted and ventilated.
(G) The temperature of the pharmacy shall be maintained within a range 
compatible with the proper storage of drugs; the temperature of the refrigerator 
shall be maintained within a range compatible with the proper storage of drugs 
requiring refrigeration. 
(H) Animals, including birds and reptiles, shall not be kept within the pharmacy 
and in immediately adjacent areas under the control of the pharmacy. This 
provision does not apply to fish in aquariums, guide dogs accompanying disabled 
persons, or animals for sale to the general public in a separate area that is 
inspected by local health jurisdictions. 
(2) Special requirements for the compounding of sterile radiopharmaceuticals. 
When the pharmacy compounds sterile radiopharmaceuticals, the following is 
applicable. 
(A) Aseptic environment control device(s). The pharmacy shall prepare sterile 
radiopharmaceuticals in an appropriate aseptic environmental control device(s) 
or area, such as a laminar air flow hood, biological safety cabinet, or clean 
room which is capable of maintaining at least Class 100 conditions during normal 
activity unless the use of such device will expose pharmacy personnel to 
unacceptable levels of nuclear radiation. The aseptic environmental control 
device(s) shall: 
(i) be certified by an independent contractor according to Federal Standard 
209E, et seq, for operational efficiency at least every year or when it is 
relocated; and 
(ii) have pre-filters inspected periodically and replaced as needed, in 
accordance with written policies and procedures, and the inspection and/or 
replacement date documented. 
(B) Controlled area. The pharmacy shall have a designated controlled area for 
the compounding of sterile radiopharmaceuticals that is functionally separate 
from areas for the preparation of non-sterile pharmaceuticals and is constructed 
to minimize the opportunities for particulate and microbial contamination. 
(C) Automated compounding device(s). If automated compounding device(s) are 
used, the pharmacy shall have a method to calibrate and verify the accuracy of 
automated compounding devices used in aseptic processing and document the 
calibration and verification on a routine basis. 
(3) Security requirements. 
(A) All areas occupied by a pharmacy shall be capable of being locked by key or 
combination, so as to prevent access by unauthorized personnel when a pharmacist 
is not on-site. 
(B) The pharmacy may authorize personnel to gain access to that area of the 
pharmacy containing dispensed sterile radiopharmaceuticals, in the absence of 
the pharmacist, for the purpose of retrieving dispensed prescriptions to deliver 
to patients. If the pharmacy allows such after-hours access, the area containing 
the dispensed sterile radiopharmaceuticals shall be an enclosed and lockable 
area separate from the area containing undispensed prescription drugs. A list of 
the authorized personnel having such access shall be in the pharmacy's policy 
and procedure manual. 
(C) Each pharmacist while on duty shall be responsible for the security of the 
prescription department, including provisions for effective control against 
theft or diversion of prescription drugs, and records for such drugs. 
(c) Prescription dispensing and delivery. 
(1) Prescription containers (immediate inner containers).
(A) A drug dispensed pursuant to a radioactive prescription drug order shall be 
dispensed in an appropriate immediate inner container as follows. 
(i) If a drug is susceptible to light, the drug shall be dispensed in a light-
resistant container. 
(ii) If a drug is susceptible to moisture, the drug shall be dispensed in a 
tight container. 
(iii) The container should not interact physically or chemically with the drug 
product placed in it so as to alter the strength, quality, or purity of the drug 
beyond the official requirements. 
(B) Immediate inner prescription containers or closures shall not be re-used. 
(2) Delivery containers (outer containers). 
(A) Prescription containers may be placed in suitable containers for delivery 
which will transport the radiopharmaceutical safely in compliance with all 
applicable laws and regulations. 
(B) Delivery containers may be re-used provided they are maintained in a manner 
to prevent cross contamination. 
(3) Labeling. 
(A) The immediate inner container of a radiopharmaceutical shall be labeled 
with: 
(i) standard radiation symbol; 
(ii) the words "caution-radioactive material;" 
(iii) the name of the radiopharmaceutical; and 
(iv) the unique identification number of the prescription.
(B) The outer container of a radiopharmaceutical shall be labeled with: 
(i) the name, address, and phone number of the pharmacy; 
(ii) the date dispensed; 
(iii) the directions for use, if applicable; 
(iv) the unique identification number of the prescription;
(v) the name of the patient if known, or the statement, "for physician use" if 
the patient is unknown; 
(vi) the standard radiation symbol; 
(vii) the words "caution-radioactive material;" 
(viii) the name of the radiopharmaceutical; 
(ix) the amount of radioactive material contained in millicuries (mCi), 
microcuries (uCi), or bequerels (Bq) and the corresponding time that applies to 
this activity, if different from the requested calibration date and time; 
(x) the name or initials of the person preparing the product and the authorized 
nuclear pharmacist who checked and released the final product unless documents 
are maintained in the pharmacy identifying these individuals for each 
prescription dispensed; 
(xi) if a liquid, the volume in milliliters; 
(xii) the requested calibration date and time; and 
(xiii) the expiration date and/or time. 
(C) The amount of radioactivity shall be determined by radiometric methods for 
each individual preparation immediately at the time of dispensing and 
calculations shall be made to determine the amount of activity that will be 
present at the requested calibration date and time, due to radioactive decay in 
the intervening period, and this activity and time shall be placed on the label 
per requirements set out in paragraph (2) of this subsection.
(d) Pharmaceutical Care Services. 
(1) The following minimum level of pharmaceutical care services shall be 
provided whenever a therapeutic prescription drug order is dispensed and, when 
in the professional judgement of the pharmacist dispensing a diagnostic 
prescription drug order, the services are necessary to protect the patient's 
health while striving to produce positive patient outcomes. When it is 
determined that the following services are necessary, the dispensing pharmacist 
shall assure that efforts are made to gather the information necessary to 
properly perform the services. 
(A) Drug utilization review. A systematic ongoing process of drug utilization 
review shall be designed, followed, and documented to increase the probability 
of desired patient outcomes and decrease the probability of undesired outcomes 
from drug therapy with radiopharmaceuticals.
(B) Drug regimen review. 
(i) For the purpose of promoting therapeutic appropriateness, an authorized 
nuclear pharmacist shall evaluate therapeutic prescription drug orders and 
patient medication history for: 
(I) known allergies; 
(II) rational therapy contraindications; 
(III) reasonable dose and route of administration; 
(IV) reasonable directions for use; 
(V) duplication of therapy; 
(VI) drug-drug interactions; 
(VII) drug-food interactions; 
(VIII) drug-disease interactions; 
(IX) adverse drug reactions; 
(X) proper utilization, including overutilization or underutilization; and 
(XI) clinical laboratory or clinical monitoring methods to monitor and evaluate 
drug effectiveness, side effects, toxicity, or adverse effects, and 
appropriateness to continued use of the drug in its current regimen.
(ii) Upon identifying any clinically significant conditions, situations, or 
items listed in clause (i) of this subparagraph, the authorized nuclear 
pharmacist shall take appropriate steps to avoid or resolve the problem 
including consultation with the prescribing practitioner. 
(2) Other pharmaceutical care services which may be provided by authorized 
nuclear pharmacists include, but are not limited to, the following: 
(A) managing drug therapy as delegated by a practitioner as allowed under the 
provisions of the Medical Practice Act, sec. 3.061 or sec. 3.06(d); 
(B) managing patient compliance programs; 
(C) providing preventative health care services; and 
(D) providing case management of patients who are being treated with high-risk 
or high-cost drugs, or who are considered "high risk" due to their age, medical 
condition, family history, or related concern. 
(e) Equipment. The following minimum equipment is required in a nuclear 
pharmacy: 
(1) vertical laminar flow hood; 
(2) dose calibrator; 
(3) refrigerator; 
(4) Class A prescription balance, and accurate weights or balance of greater 
sensitivity if compounding occurs in the pharmacy which requires weighing; 
(5) scintillation analyzer; 
(6) microscope and hemocytometer; 
(7) adequate glassware, utensils, gloves, syringe shields and remote handling 
devices, and adequate equipment for product quality control;
(8) adequate shielding material; 
(9) typewriter or comparable equipment; 
(10) radiation dosimeters for visitors and personnel and log entry book; 
(11) exhaust/fume hood with monitor, for storage and handling of all volatile 
radioactive drugs if applicable, to be determined by the Texas Radiation Control 
Bureau; 
(12) calculator; and 
(13) adequate radiation monitor(s). 
(f) Library. A nuclear pharmacy shall maintain a reference library which shall 
include the following in hard copy or electronic format:
(1) United States Pharmacopoeia/National Formulary with supplements;
(2) federal and state laws and regulations relating to Texas pharmacy; 
(3) Texas Regulations for Control of Radiation; 
(4) reference on the safe handling of radioactive materials;
(5) a minimum of three texts dealing with nuclear medicine science; 
(6) reference on sterile product preparation; and 
(7) Code of Federal Regulations, Title 49, Parts 106-199, with recent 
amendments. 
(g) Radiopharmaceuticals and/or radioactive materials. 
(1) General requirements. 
(A) Radiopharmaceuticals may only be dispensed pursuant to a radioactive 
prescription drug order. 
(B) An authorized nuclear pharmacist may distribute radiopharmaceuticals to 
authorized users for patient use. A nuclear pharmacy may also furnish 
radiopharmaceuticals for departmental or physicians' use if such authorized 
users maintain a Texas radioactive materials license, and the 
radiopharmaceutical is labeled "for physician use," provided such distribution 
is documented in the control system.
(C) An authorized nuclear pharmacist may transfer to authorized users 
radioactive materials not intended for drug use in accordance with Part 41 of 
the Texas Regulations for Control of Radiation, Texas Department of Health. 
(D) The transportation of radioactive materials from the nuclear pharmacy must 
be in accordance with current state and federal transportation regulations. 
(2) Procurement and storage. 
(A) The pharmacist-in-charge shall have the responsibility for the procurement 
and storage of drugs, but may receive input from other appropriate staff 
relative to such responsibility. 
(B) Prescription drugs and devices shall be stored within the prescription 
department or a locked storage area. 
(C) All drugs shall be stored at the proper temperature, as defined by the 
follow