PART 5. STATE BOARD OF DENTAL EXAMINERS
CHAPTER 104. CONTINUING EDUCATION
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §104.2, concerning continuing education providers. This rule is adopted with minor non-substantive changes to the proposed text published in the March 31, 2023, issue of the Texas Register (48 TexReg 1698), and will be republished. The adopted amendment reflects the merger of the regional examining board CDCA-WREB-CITA. The adopted amendment includes the States Resources for Testing and Assessments (SRTA), Central Regional Dental Testing Services Inc. (CRDTS), and the American Association of Dental Boards - Accredited Continuing Education Program (AADB-ACE) as board approved continuing education providers. The adopted amendment removes Dental Quality Assurance and Dentist Secure Labs as continuing education providers.
No comments were received regarding adoption of this rule.
This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.
§104.2.Providers.
(a) The Board hereby establishes a list of providers for continuing education courses. Unless specifically required by state law or Board rule, the Board shall not accept or approve specific continuing education courses for requirements related to the issuance or renewal of licensure, registrations, or sedation/anesthesia permits.
(b) At least once per calendar year, the Board shall review the list of providers for continuing education and any applications submitted for continuing education providers, and the Board shall consider additions or removals of providers from the list provided in this section.
(1) The Presiding Officer may establish an ad hoc committee pursuant to 22 TAC §100.8 (relating to Ad Hoc Committees of the Board) to review the addition or removal of providers and make recommendations to the full Board for approval.
(2) The Board and any ad hoc committee shall consider classifying each provider for full continuing education provider authorization, including clinical, scientific, and sedation/anesthesia provider courses, or for a limited continuing education provider authorization restricted to courses related to risk management, recordkeeping, ethics, and non-clinical dental assistant duties continuing education. If no classification is assigned to a provider, the provider shall be considered a full continuing education provider.
(3) Any addition, removal, or classification of providers shall require a majority vote of the full Board in an open meeting. Any provider being considered for addition, removal, or classification shall be given 10 business days’ notice of the consideration, and the provider shall be given an opportunity to appear and make a presentation or submit supporting documentation at the scheduled meeting of the Board or any ad hoc committee regarding the addition, removal, or classification.
(c) Board staff shall develop and provide an application form for continuing education providers. The application form shall provide instructions for submitting provider information and supporting documentation. The Board shall provide the application form for continuing education providers and general instructions on the continuing education provider application process on its public website. Any request to become an approved continuing education provider must be submitted on the application form provided by the Board; failure to utilize the Board's application form shall be grounds to reject the application request.
(d) The Board shall consider the following criteria when reviewing providers:
(1) the health, safety, and welfare of the residents of Texas;
(2) access to providers for licensees and registrants in all portions of Texas;
(3) competency of course providers and quality of course materials;
(4) internal and external audits, guidelines, safeguards, and standards to ensure consistent and quality education; and
(5) demonstrable clinical, professional, and/or scientific education experience.
(e) Continuing Education courses endorsed by the following providers will meet the criteria for acceptable continuing education hours if such hours are certified by the following providers:
(1) American Dental Association--Continuing Education Recognition Program (CERP);
(2) American Dental Association, its component, and its constituent organizations;
(3) Academy of General Dentistry and its constituents and approved sponsors;
(4) Dental/dental hygiene schools and programs accredited by the Commission on Dental Accreditation of the American Dental Association;
(5) American Dental Association approved specialty organizations;
(6) American Dental Hygienists' Association, its component, and its constituent organizations;
(7) American Medical Association approved specialty organizations;
(8) American Medical Association approved hospital courses;
(9) National Dental Association, its constituent, and its component societies;
(10) National Dental Hygienists' Association, its constituent, and its component societies;
(11) Medical schools and programs accredited by the Standards of the Medical Specialties, the American Medical Association, the Advisory Board for Osteopathic Specialists and Boards of Certification, or the American Osteopathic Association;
(12) The Commission on Dental Competency Assessments-The Western Regional Examining Board-The Council of Interstate Testing Agencies (CDCA-WREB-CITA), States Resources for Testing and Assessments (SRTA), and Central Regional Dental Testing Services Inc. (CRDTS);
(13) American Academy of Dental Hygiene;
(14) American Dental Education Association;
(15) American Heart Association;
(16) Texas Dental Hygiene Educators' Association;
(17) Dental Laboratory Association of Texas;
(18) Dental Assisting National Board;
(19) American Dental Assistants Association and its constituent organizations;
(20) The Compliance Division, LLC;
(21) Dental Compliance Specialists, LLC; and
(22) Other entities approved by the Board as shown in the attached graphic for this section.
Figure: 22 TAC §104.2(e)(22) (.pdf)
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 5, 2023.
TRD-202301647
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 25, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 305-8910
CHAPTER 280. THERAPEUTIC OPTOMETRY
The Texas Optometry Board (Board) adopts amendments to 22 TAC Chapter 280, §280.1 - Application for Therapeutic Certification. The Board adopts this rule without changes to the proposed text as published in the February 10, 2023, issue of the Texas Register (48 TexReg 610). The amended rule will not be republished.
BACKGROUND AND JUSTIFICATION
The rules in Chapter 280 were reviewed as a result of the Board's general rule review under Texas Government Code Section 2001.039. The rule clarifies a therapeutic optometrist can prescribe both oral and topical over-the-counter medications. It updates the title of the rule to clearly reflect that the agency only issues Therapeutic Optometrist licenses, eliminates the requirement that the therapeutic certificate must be displayed along with the initial license in a conspicuous place in the principal office where the optometrist practices as all licenses issued currently are therapeutic licenses, deletes the requirement the application be notarized, and makes non-substantive capitalization and grammar changes to ensure consistency across the Board's rules. Finally, it eliminates the specific fees outlined by the rule because all authorized fees are outlined under §273.4 - Fees (Not Refundable).
COMMENTS
The 30-day comment period ended on March 12, 2023. The Board received one comment regarding the proposed rule from the Texas Medical Association (TMA). A summary of the comment relating to the rules and the Board's response follows:
COMMENT: The TMA is concerned about the proposed changes to Subsection (d) removing the requirement that an optometrist conspicuously display the TMOD certificate. The TMA asserts removing this language from the rules could mislead optometrists into thinking that this requirement no longer exists and thus no longer displaying their licensing or certification. This in turn could lead to confusion among patients as to the education and training of the health care professional from whom they are receiving treatment.
RESPONSE: The TMOD certificate referenced in this rule for display is no longer issued by the Board as a separate document, so most licensees do not even have such a certificate to display. Currently, the Board ensures the TMOD requirements are met prior to initial licensure and asserts that the display of a Texas Optometry license ensures the licensee has met the TMOD requirements. The Texas Optometry Act (Sec. 351.261) requires a person practicing optometry or therapeutic optometry in this state to display the person's license or certificate in a conspicuous place in the principal office in which the person practices optometry or therapeutic optometry. During inspections, the Board ensures the licensee is in compliance with the statutory requirement. The Board declines to make changes in response to this comment.
STATUTORY AUTHORITY
This rule is adopted under the Texas Optometry Act, Texas Occupations Code §§351.151 - Rules and 351.251 - License Required.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 2, 2023.
TRD-202301581
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: May 22, 2023
Proposal publication date: February 10, 2023
For further information, please call: (512) 305-8500
The Texas Optometry Board (Board) adopts amendments to 22 TAC Chapter 280, §280.2 - Required Education; §280.3 - Certified Therapeutic Optometrist Examination; §280.6 - Procedures Authorized for Therapeutic Optometrists; §280.8 - Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation; and §280.9 - Application for Licensure as Optometric Glaucoma Specialist.
The Board adopts §280.2- Required Education; §280.3- Certified Therapeutic Optometrist Examination; and §280.6- Procedures Authorized for Therapeutic Optometrists without changes to the proposed text as published in the February 10, 2023, issue of the Texas Register (48 TexReg 611). These rules will not be republished.
The Board adopts §280.8 - Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation; and §280.9- Application for Licensure as Optometric Glaucoma Specialist with changes to the proposed text as published in the February 10, 2023, issue of the Texas Register (48 TexReg 611). These amended rules will be republished.
BACKGROUND AND JUSTIFICATION
The rules in the Chapter 280 were reviewed as a result of the Board's general rule review under Texas Government Code Section 2001.039.
As adopted, the amendment now eliminates an outdated requirement from 1991 from §280.2, updates the reference to the organization that currently administers the exam on behalf of the agency to the Association of Regulatory Boards of Optometry in §280.3, eliminates the requirement optometric glaucoma applications be notarized, updates statutory references, makes non-substantive capitalization and grammar changes to ensure consistency across the Board's rules, and eliminates the specific fees outlined by the rule because all fees currently are outlined under §273.4 - Fees (Not Refundable).
CHANGES TO TEXT AS PROPOSED
The Board made a minor edit to §280.8(c) to correct an error in the published text of the rule that did not strike-though the non-capitalized reference to "board" to the capitalized "Board" in the sentence "An applicant may sit for a Board approved review course and examination …."
The Board made a minor edit to §280.9 (a)(1) to correct a stylistic error in the published text of the rule to add the phrase "of this chapter" and to change a comma to a semi-colon to now read "…as set forth in §280.10 of this chapter; and …"
The Board edited to §280.9 (a)(2) to correct a stylistic error in the published text of the rule to add the phrase "of this chapter" and to fix the rule referenced in this section as the Board intended to strike §280.11 as that rule no longer exists to now read "as set forth in §351.3581 of the Texas Optometry Act and §280.10 of this chapter, …"
The Board made a minor edit to §280.9 (b) to correct a stylistic error in the published text of the rule to add the phrase "of this chapter" to now read "... as set forth in §280.8 of this chapter (relating to Required Education) ..."
COMMENTS
The 30-day comment period ended on March 12, 2023. During this period, the Board did not receive any comments regarding the proposed rules.
STATUTORY AUTHORITY
The rules are adopted under the Texas Optometry Act, Texas Occupations Code §351.151 - Rules; §351.252 - Education Requirements for Therapeutic Optometrist; §351.358 - Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents; and §351.3581 - Treatment of Glaucoma.
§280.8.Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation.
(a) Education Required.
(1) Successful completion of at least 30 verified instruction or classroom hours of Board approved review course work in glaucoma diagnosis and treatment and pharmacology of approved oral and anti-glaucoma drugs is required for licensure as an optometric glaucoma specialist. The applicant must provide documentation of successful completion of course work.
(2) To be acceptable, courses of verified instruction or classroom hours must receive prior approval by the Board. Approved courses may be given only by accredited colleges and schools of optometry or via other educational programs approved by the Board. Successfully completed classroom hours may be used to satisfy the Continuing Education requirements for that year.
(b) Examination. Each applicant for licensure as an optometric glaucoma specialist shall have passed, with a grade of 75 or above, a Board approved examination covering the 30 verified instruction or classroom hours defined in this rule. The examination must have received prior approval by the Board. The applicant must provide documentation of passing the examination. Examinations given by accredited schools of optometry or medicine covering the subjects described in the Board's Resolution dated April 14, 2000, are hereby approved.
(c) Sitting for Review Course and Examination Prior to Graduation. An applicant may sit for a Board approved review course and examination provided that the applicant submits to the course provider a written statement from the dean of an accredited college of optometry that the applicant is enrolled in good standing in the college and is in the final semester before graduation, and such other information as the Board may deem necessary for the enforcement of the Texas Optometry Act. Subsequent to licensure by the Board as a therapeutic optometrist, the applicant having sat for the course and examination as a student must obtain a clinical skills evaluation, and when making application to the Board for licensure as an Optometric Glaucoma Specialist, include a copy of the statement from the dean originally furnished to the course provider.
(d) Clinical Skills Evaluation. Each applicant for licensure as an optometric glaucoma specialist shall submit a signed and dated certification prepared by a licensed ophthalmologist or optometric glaucoma specialist. The certification shall confirm the demonstration by the applicant in an adequate and appropriate manner, as directly observed by the ophthalmologist or optometric glaucoma specialist, of the following skills:
(1) tonometry,
(2) gonioscopy,
(3) slit lamp examination,
(4) optic nerve examination/fundus, and
(5) interpretation of visual fields.
(e) Applicants Graduating from Curriculums Which Include Instructional Clinical Course. An applicant meets the requirements of §351.3581 of the Texas Optometry Act and subsections (a) - (c) of this section, provided:
(1) The Board determines in a review of the curriculum and by certification of the dean of a school or college of optometry that:
(A) The course work required for certification in this section, including an instructional clinic review component, is part of the school or college of optometry's regular curriculum, and that the examination required for graduation from the school or college is the substantive equivalent of an examination approved by the Board pursuant to subsection (b) of this section.
(B) The students of the school or college must receive clinical training and satisfy the evaluation requirement set out in subsection (d) of this section.
(2) This subsection shall apply to all applicants graduating on or after May 1, 2008, from a school or college of optometry for which the Board has issued a determination under paragraph (1) of this subsection, in the calendar year during which the determination was issued or any year thereafter.
§280.9.Application for Licensure as Optometric Glaucoma Specialist.
(a) A licensed therapeutic optometrist must submit a completed application on forms provided by the Texas Optometry Board (Board) to be eligible for licensure as an optometric glaucoma specialist. An optometric glaucoma specialist may:
(1) administer and prescribe appropriate medications by topical or oral means for the purpose of diagnosing and treating visual defects, abnormal conditions and diseases of the human vision system, including the eye and adnexa, as set forth in §280.10 of this chapter; and
(2) treat glaucoma, as set forth in §351.3581 of the Texas Optometry Act and §280.10 of this chapter, including the administration and prescribing of appropriate medications by topical, oral or parenteral means.
(b) A completed application for license as an optometric glaucoma specialist consists of a signed application form entirely filled out by the applicant and forwarded to the Board along with an application fee. Proof of the required successfully completed education, examination and clinical assessment as set forth in §280.8 of this chapter (relating to Required Education) must accompany the application form. The Board may license the applicant as an optometric glaucoma specialist provided the applicant submits a completed application as defined in this rule, and provided that the applicant is currently licensed and authorized to practice therapeutic optometry in this state.
(c) The license to practice as an optometric glaucoma specialist must be displayed along with all licenses in a conspicuous place in the principal office where the optometrist practices.
(d) Designation of authority as an optometric glaucoma specialist will appear along with the optometrist's license number in the format of the license numbers followed by the letter "T" and "G." Such designation must appear whenever the license number is required under Board statutes or Board rules.
(e) In the event the original certification is lost or destroyed, the Board may issue a duplicate certificate; the person entitled thereto must make written application to the Board for a duplicate, under affidavit setting forth that such certificate was lost or destroyed, and the circumstances under which loss or destruction occurred. Should the original subsequently be found, it must be forwarded immediately to the Board and not used by the person to whom issued originally or by any other person. A fee must be submitted to the Board along with the affidavit for the duplicate issue.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 2, 2023.
TRD-202301582
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: May 22, 2023
Proposal publication date: February 10, 2023
For further information, please call: (512) 305-8500
The Texas Optometry Board (Board) adopts amendments to 22 TAC Chapter 280, §280.5 Prescription and Diagnostic Drugs for Therapeutic Optometry. The Board adopts this rule without changes to the proposed text as published in the February 10, 2023, issue of the Texas Register (48 TexReg 613). The amended rule will not be republished.
BACKGROUND AND JUSTIFICATION
The rules in the Chapter 280 were reviewed as a result of the Board's general rule review under Texas Government Code Section 2001.039.
The rule updates statutory references to reflect legislative changes to statute; deletes the requirement the Board provide a list of appropriate pharmaceuticals to the Texas State Board of Pharmacy; authorizes the use of both oral and topical prescriptions by a therapeutic optometrist; deletes the specific classifications and limitations on medications, including list of medications that could not be used for the treatment of glaucoma if not permitted by law on August 31, 1991; states the authority of an optometric glaucoma specialist to prescribe antiglaucoma drugs is defined by Section 351.3581 of the Texas Optometry Act; and deletes the requirement a therapeutic optometrist obtain a registration number from DPS.
COMMENTS
The 30-day comment period ended on March 12, 2023. During this period, the Board did not receive any comments regarding the proposed rules.
STATUTORY AUTHORITY
The rule is adopted under the Texas Optometry Act, Texas Occupations Code §§351.151 - Rules; 351.358 - Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents; and 351.3581 - Treatment of Glaucoma.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 2, 2023.
TRD-202301583
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: May 22, 2023
Proposal publication date: February 10, 2023
For further information, please call: (512) 305-8500
The Texas Optometry Board (Board) adopts amendments to 22 TAC Chapter 280, §280.10 Optometric Glaucoma Specialist: Administration and Prescribing of Oral Medications and Anti-Glaucoma Drugs. The Board adopts this rule without changes to the proposed text as published in the February 10, 2023, issue of the Texas Register (48 TexReg 616). The amended rule will not be republished.
BACKGROUND AND JUSTIFICATION
The rules in the Chapter 280 were reviewed as a result of the Board's general rule review under Texas Government Code Section 2001.039.
The rule deletes the requirement the Board provide a list of appropriate pharmaceuticals to the Texas State Board of Pharmacy; authorizes the use of both oral and topical prescriptions, but deletes the specific classifications and supply limitations; authorizes the use of appropriate medications pursuant to §351.3581 of the Texas Optometry Act; authorizes an optometric glaucoma specialist to independently administer oral carbonic anhydrase inhibitors for emergency purposes and immediately refer the patient to an ophthalmologist; eliminates the specific language calling for a periodic check of the Prescription Monitoring Program; and eliminates outdated effective date. It also makes non-substantive grammar changes to ensure consistency across the Board's rules.
COMMENTS
The 30-day comment period ended on March 12, 2023. During this period, the Board did not receive any comments regarding the proposed rules.
STATUTORY AUTHORITY
The rule is adopted under the Texas Optometry Act, Texas Occupations Code §§351.151 - Rules; 351.358 - Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents; and 351.3581 - Treatment of Glaucoma.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 2, 2023.
TRD-202301584
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: May 22, 2023
Proposal publication date: February 10, 2023
For further information, please call: (512) 305-8500
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
The Texas State Board of Pharmacy adopts amendments to §283.2, concerning Definitions. These amendments are adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1487). The rule will not be republished.
The amendments remove the requirement that a residency program be accredited by the American Society of Health System Pharmacists for a resident to be eligible for designation as an extended-intern.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 4, 2023.
TRD-202301631
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: May 24, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 305-8026
The Texas State Board of Pharmacy adopts amendments to §283.4, concerning Internship Requirements. These amendments are adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1488). The rule will not be republished.
The amendments remove the requirement that a residency program be accredited by the American Society of Health System Pharmacists for a resident to be eligible for designation as an extended-intern and specify that a pharmacist-intern registration expires due to failing the NAPLEX or Texas Pharmacy Jurisprudence Examination only if the intern fails either exam more than once.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 4, 2023.
TRD-202301633
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: May 24, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 305-8026
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
The Texas State Board of Pharmacy adopts amendments to §291.121, concerning Remote Pharmacy Services. These amendments are adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1491). The rule will not be republished.
The amendments allow remote pharmacy services to be provided using an automated pharmacy system to be provided at healthcare facilities regulated under Chapters 464 and 577, Health and Safety Code.
The Board received comments from W. Perry Flowers, R.Ph., with Becton, Dickinson and Company, in support of the amendments. The Board also received comments from Angela Babin, BSPharm, MBA, with The Harris Center, in support of the amendments and suggesting the addition of healthcare facilities regulated under Chapter 534, Health and Safety Code, to the types of facilities authorized to provide remote pharmacy services using an automated pharmacy system. The Board declines to make this change.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 4, 2023.
TRD-202301635
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: May 24, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 305-8026
The Texas State Board of Pharmacy adopts amendments to §295.8, concerning Continuing Education Requirements. These amendments are adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1503). The rule will not be republished. Due to an error by the Texas Register, the text of the proposed amendments was published incorrectly. A Correction of Error is published contemporaneously in this issue.
The amendments clarify the requirements for obtaining continuing education in approved procedures of prescribing and monitoring controlled substances and correct grammatical errors.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 4, 2023.
TRD-202301634
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: May 24, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 305-8026
CHAPTER 575. PRACTICE AND PROCEDURE
The Texas Board of Veterinary Medical Examiners (hereinafter "Board") adopts the repeal of 22 TAC §575.29 and adopts the new rule to 22 TAC §575.29 concerning Informal Conferences. This repeal and new rule are adopted without any changes to the proposed text as published in the March 10, 2023, issue of the Texas Register (48 TexReg 1401). These rules will not be republished.
The repeal and new rule are adopted to give veterinarians more clarification on what the Board expects from them going into informal conferences. The currently active rule where the repeal was adopted was not specific enough.
The new rule adds language to 22 TAC §575.29(b) to clarify timelines for submitting any additional evidence for review by the Board after respondents review the medical review.
No comments were received regarding the adoption of this new rule.
The repeal is adopted under the authority of Texas Occupations Code, §801.151(a), (b), and (c), which authorizes the Board may adopt rules necessary to administer the chapter, that the Board may adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medicine profession, and that the Board may adopt rules to protect the public. Cross-reference to Statute: Occupations Code, §801.408.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 4, 2023.
TRD-202301632
John Hargis
General Counsel
Texas Board of Veterinary Medical Examiners
Effective date: May 24, 2023
Proposal publication date: March 10, 2023
For further information, please call: (512) 305-7565
The new rule is adopted under the authority of Texas Occupations Code, §801.151(a), (b), and (c), which authorizes the Board may adopt rules necessary to administer the chapter, that the Board may adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medicine profession, and that the Board may adopt rules to protect the public. Cross-reference to Statute: Occupations Code, §801.408.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 4, 2023.
TRD-202301629
John Hargis
General Counsel
Texas Board of Veterinary Medical Examiners
Effective date: May 24, 2023
Proposal publication date: March 10, 2023
For further information, please call: (512) 305-7565