TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 100. GENERAL PROVISIONS

22 TAC §100.9

The Texas State Board of Dental Examiners adopts amended rule §100.9, relating to advisory committees. This rule is adopted without changes to the proposed text as published in the September 16, 2016, issue of the Texas Register (41 TexReg 7237).

Amended rule §100.9 allows the Board to establish an advisory committee/Blue Ribbon Panel on dental sedation and anesthesia safety.

The Board received no written comments regarding these rules.

Rule §100.9 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

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 December 5, 2016.

TRD-201606173

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 475-0977


22 TAC §100.12

The Texas State Board of Dental Examiners adopts new rule §100.12, relating to the Blue Ribbon Panel on Dental Sedation and Anesthesia Safety. This rule is adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7396).

New rule §100.12 establishes and defines the role of the Blue Ribbon Panel on Dental Sedation/Anesthesia Safety.

The Board received two comments regarding this rule:

The Texas Medical Association commented that the rule as drafted improperly limits the presiding officer to appointing only dentists to the Blue Ribbon Panel. TMA notes that the Sunset Commission's recommendation as to the make-up of the Panel was not specifically limited to dentists. They believe that it is important that the panel have input and expertise of a physician who is an expert in anesthesia. They recommend that the rule be revised to provide for at least one panel member who is a Texas anesthesiologist.

The Board disagrees with TMA's recommendation. As TMA's comment highlights, the Sunset Commission did not specify the professional make-up of the Panel. If the Commission thought it necessary to include an anesthesiologist, they would have directed the Board to appoint one. Moreover, the Board feels that TMA's concerns are unwarranted because the Panel includes a physician and a dental anesthesiologist.

The Texas Society of Anesthesiologists commented that the Panel should be allowed to consult outside of public meetings with physicians and other experts in the field of office-based anesthesia with appropriate safeguards for protected patient information.

The Board disagrees with TSA's comment. The Blue Ribbon Panel is a public committee and its work must be done in public. The Board strongly encourages TSA members and other physicians to attend public Panel meetings and offer their input for the consideration of Panel members.

Rule §100.12 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

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 December 5, 2016.

TRD-201606165

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 475-0977


CHAPTER 107. DENTAL BOARD PROCEDURES

SUBCHAPTER A. PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS

22 TAC §107.49

The Texas State Board of Dental Examiners adopts amended rule §107.49, relating to proposals for decision. This rule is adopted with changes to correct a grammatical error in the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6608).

Amended rule §107.49 provides how and when the Board may consider a Proposal for Decision issued by the State Office of Administrative Hearings.

The Board received no written comments regarding these rules.

Rule §107.49 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

§107.49.Proposals for Decision.

A proposal for decision (PFD) issued by an Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH) may not be considered by the board until the time period set out in SOAH rules for the filing of exceptions and replies has expired. If exceptions were filed in accordance with SOAH rules, the board may not consider the PFD until the ALJ has ruled on the exceptions. The PFD must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision prepared by the person who conducted the hearing or by one who has read the record.

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 December 5, 2016.

TRD-201606174

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 2, 2016

For further information, please call: (512) 475-0977


22 TAC §107.50

The Texas State Board of Dental Examiners adopts amended rule §107.50 relating to the filing of exceptions. This rule is adopted without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6608).

Amended rule §107.50 provides that all exceptions and replies in a contested case shall be filed in accordance with the State Office of Administrative Hearings rules.

The Board received no written comments regarding these rules.

Rule §107.50 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

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 December 5, 2016.

TRD-201606176

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 2, 2016

For further information, please call: (512) 475-0977


22 TAC §107.51

The Texas State Board of Dental Examiners adopts amended rule §107.51, relating to findings of fact and conclusions of law in a proposal for decision. This rule is adopted without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6608).

Amended rule §107.51 clarifies how and when the Board may change a finding of fact or conclusion of law made by the State Office of Administrative Hearings rules.

The Board received no written comments regarding these rules.

Rule §107.51 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

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 December 5, 2016.

TRD-201606177

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 2, 2016

For further information, please call: (512) 475-0977


22 TAC §107.52

The Texas State Board of Dental Examiners adopts amended rule §107.52 relating to oral arguments before the board. This rule is adopted without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6609).

Amended rule §107.52 clarifies how and when a Respondent may present oral argument before the Board regarding a proposal for decision.

The Board received no written comments regarding these rules.

Rule §107.52 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to propose.

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 December 5, 2016.

TRD-201606178

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 2, 2016

For further information, please call: (512) 475-0977


CHAPTER 108. PROFESSIONAL CONDUCT

SUBCHAPTER A. PROFESSIONAL RESPONSIBILITY

22 TAC §108.15

The Texas State Board of Dental Examiners adopts new rule §108.15, relating to emergency preparedness. This rule is adopted without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6609).

New rule §108.15 establishes a requirement that dentists maintain and update written policies and procedures for responding to emergency situations.

The Board received two written comments regarding the new rule:

- The Texas Academy of General Dentistry submitted a comment relating to emergency preparedness requirement. TAGD supports the concept of the rule, but believes the rule as drafted is ambiguous, and that it would be helpful if the Board provided guidance on the basic requirements of a plan and the effective date that offices are required to have a plan.

The Board disagrees with the recommendation that the rule requirements be more specific. The Board has chosen to give dentists flexibility in drafting their plan. The Board also disagrees with the effective date request because dentists should already have an emergency plan as part of their standard of care- this rule only makes that necessity explicit.

- The Texas Dental Association submitted a comment in support of the rule as written, noting that dentists are currently required to have emergency equipment and to have properly trained staff in emergency procedures. The rule merely requires that dentists write down their policies and review them annually.

The Board agrees with TDA's comment.

Rule §108.15 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

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 December 5, 2016.

TRD-201606170

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 2, 2016

For further information, please call: (512) 475-0977


CHAPTER 111. STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS

22 TAC §111.1

The Texas State Board of Dental Examiners adopts new rule §111.1, relating to additional continuing education requirements. This rule is adopted without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6609).

New rule §111.1 establishes a requirement that dentists who prescribe controlled substances shall complete every three years at least 2 hours of continuing education in the abuse and misuse of controlled substances.

The Board received two written comments on this rule:

- The Texas Academy of General Dentistry commented that they support the idea of continuing education to prevent controlled substance abuse, but they believe that it would be more effective to mandate an online exam similar to the jurisprudence exam. Alternative, they ask that the time-frame for CE compliance to be extended to four or more years because the basic information about preventing drug abuse does not change. TAGD also asks that the Board consider reducing the CE requirement from 2 hours to 1 hour.

The Board disagrees with TAGD's comments. The Board believes that education is a better tool than examination for keeping dentists abreast of the current trends in controlled substance abuse and drug seeking behavior. For a similar reason, the Board disagrees with requiring the CE every four years- the Board believes it is more useful to have the education more frequently to stay current with developments in the area. The Board also believes that the two hours of education every three years is unburdensome and necessary to keep practitioners up to date.

- The Texas Dental Association commented that they support the rule as written and that the rule provides dentists with an opportunity to further their knowledge about how to safely prescribe controlled substances and how to screen for patients at risk of opioid addiction.

The Board agrees with TDA's comments.

Rule §111.1 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

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 December 5, 2016.

TRD-201606160

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 2, 2016

For further information, please call: (512) 475-0977


22 TAC §111.2

The Texas State Board of Dental Examiners adopts new rule §111.2, relating to self-query of the prescription monitoring program. This rule is adopted without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6610).

New rule §111.2 establishes a requirement that dentists perform an annual self-query with the Prescription Monitoring Program of controlled substances issued under their DEA registration.

The Board received two written comments on this rule:

- The Texas Academy of General Dentistry commented that they generally support the rule and its aims but they request that the rule state its intended purpose and that the Board consider sending an automatic email reminder to providers about this mandate.

The Board disagrees with TAGD's requests because it believes the purpose of the self-query is self-evident and practitioners are capable of performing the query annually without direction from Board Staff, which has limited resources.

- The Texas Dental Association commented that they support the rule as written, noting that the purpose of the self-query report is to ensure controlled substances being prescribed by dentists are valid prescriptions.

The Board agrees with TDA's comments.

Rule §111.2 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.

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 December 5, 2016.

TRD-201606163

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: December 25, 2016

Proposal publication date: September 2, 2016

For further information, please call: (512) 475-0977


PART 15. TEXAS STATE BOARD OF PHARMACY

CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURES

SUBCHAPTER C. DISCIPLINARY GUIDELINES

22 TAC §281.65

The Texas State Board of Pharmacy adopts amendments to §281.65, concerning Schedule of Administrative Penalties. The amendments are adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7397).

The amendments correct grammar and add an administrative penalty for failing to operate a pharmacy.

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 the amendments: 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 November 29, 2016.

TRD-201606090

Gay Dodson, R. Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: December 19, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-8028


CHAPTER 291. PHARMACIES

SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)

22 TAC §291.34

The Texas State Board of Pharmacy adopts amendments to §291.34, concerning Records. The amendments are adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7399).

The amendments implement provisions of S.B. 195 passed during the 2015 Texas Legislative session which update the requirements regarding Class A pharmacies dispensing schedule II controlled substance prescriptions issued by prescribers licensed in a state other than Texas to require the plan be approved by the Texas State Board of Pharmacy.

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 the amendments: 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 November 29, 2016.

TRD-201606091

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: December 19, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-8028


SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)

22 TAC §291.74

The Texas State Board of Pharmacy adopts amendments to §291.74, concerning Operational Standards. The amendments are adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register at (41 TexReg 7409).

The amendments eliminate references to pharmacies operated by management companies; implement provisions of SB 460 regarding notification for a change of location; and remove references to Class C-S pharmacy which are no longer necessary.

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 the amendments: 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 November 29, 2016.

TRD-201606092

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: December 18, 2017

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-8028


SUBCHAPTER H. OTHER CLASSES OF PHARMACY

22 TAC §291.155

The Texas State Board of Pharmacy adopts amendments to §291.155, concerning Limited Prescription Delivery Pharmacy (Class H). The amendments are adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7419).

The amendments correct grammar and clarify that a licensed Class H pharmacy may continue to operate after a Class A or Class C pharmacy obtains a license in the county.

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 the amendments: 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 November 29, 2016.

TRD-201606095

Gay Dodson, R. Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: December 19, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-8028


CHAPTER 295. PHARMACISTS

22 TAC §295.14

The Texas State Board of Pharmacy adopts new §295.14, concerning Pharmacists Dispensing Opioid Antagonists. The new rule is adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7421).

The new rule implements SB 1462, passed during the 2015 Texas Legislative Session allowing pharmacists to dispense naloxone to individuals under a standing order from a physician.

No comments were received.

The new rule is 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 the new rule: 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 November 29, 2016.

TRD-201606093

Gay Dodson, R. Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: December 19, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-8028


22 TAC §295.16

The Texas State Board of Pharmacy adopts amendments to §295.16, concerning Administration of Epinephrine by a Pharmacist. The amendments are adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7422).

The amendments update the definition of auto-injectors.

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 the amendments: 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 November 29, 2016.

TRD-201606094

Gay Dodson, R. Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: December 19, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-8028


PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

CHAPTER 461. GENERAL RULINGS

22 TAC §461.11

The Texas State Board of Examiners of Psychologists adopts an amendment to §461.11, concerning Professional Development. The amendment is adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7423) and will not be republished.

The amendment is being adopted to ensure the protection and safety of the public.

The amendment as adopted will align the criteria for demonstrating proof of professional development credit from a formal professional development program with the standard practices of professional development providers. The practice of including a signature from the sponsoring organization on documentation of attendance or participation in a formal professional development program is no longer standard practice within the industry. As a result, the Board believes an amendment to the rule is necessary to reflect this change in practice. Without such an amendment, licensees will be unable to claim credit for professional development received from a provider who does not include a signature on its certificates.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

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 December 5, 2016.

TRD-201606141

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: December 25, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-7706


CHAPTER 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.11

The Texas State Board of Examiners of Psychologists adopts amendments to §463.11, concerning Professional Development, without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7425). The rule text will not be republished.

The amendment is being adopted to ensure the protection and safety of the public.

The amendment, as adopted, is necessary to allow those applicants who complete their post-doctoral year of supervised experience prior to September 1, 2016, to utilize that experience for licensure purposes. Absent this amendment, an applicant who completed his or her post-doctoral year of supervised experience prior to September 1, 2016, would be unable to count that experience toward the post-doctoral experience required under subsection (d) of this rule, because the applicant may not have been provisionally licensed when he or she acquired the experience and could not have obtained provisional trainee status at that time. This amendment will not operate to exempt an applicant from the applicability of the gap rules set forth in subsection(d)(1)(B) of this rule.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

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 December 5, 2016.

TRD-201606143

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: December 25, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-7706


CHAPTER 465. RULES OF PRACTICE

22 TAC §465.38

The Texas State Board of Examiners of Psychologists adopts amendments to §465.38, concerning Psychological Services for Public Schools without changes to the proposed text published in the September 23, 2016, issue of the Texas Register (41 TexReg 7429) and will not be republished.

The amendment is being adopted to ensure the protection and safety of the public.

The amendment as adopted is necessary to correct a typographical error in a statutory citation.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

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 December 5, 2016.

TRD-201606145

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: December 25, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-7706


CHAPTER 471. RENEWALS

22 TAC §471.5

The Texas State Board of Examiners of Psychologists adopts an amendment to §471.5, concerning Updated Information Requirements. The amendment is adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7430) and will not be republished.

The amendment is being adopted to ensure the protection and safety of the public.

The amendment as adopted is necessary to ensure that the reporting requirements for license renewal match those same reporting requirements set out in Board rule §469.11.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

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 December 5, 2016.

TRD-201606140

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: December 25, 2016

Proposal publication date: September 23, 2016

For further information, please call: (512) 305-7706