16 Tex. Admin. Code § 100.30 - Rules Regarding Certain Health-Related Programs
(a) This section is promulgated under
Occupations Code §
51.2031(a-1) and
(a-2).
(b) The commission may not adopt a new rule
relating to the scope of practice of or a health-related standard of care for a
program to which this section applies unless the rule has been proposed by the
advisory board established for that program.
(c) Under Occupations Code §
51.2031(a-1) and
(a-2), the advisory board may propose a rule
described by subsection (b) according to the following procedure:
(1) The advisory board, by a majority vote of
the members present and voting at a meeting at which a quorum is present, shall
either:
(A) recommend that the rule be
published in the Texas Register for public comment;
or
(B) if the rule has been
published and after considering the public comments, make a recommendation to
the commission concerning adoption of the rule;
(2) The rule must be within the commission's
legal authority to adopt; and
(3)
The department may make non-substantive, editorial changes to the rule as
necessary.
(d) The
commission shall either adopt the rule as proposed by the advisory board under
subsection (c), with any non-substantive, editorial changes made by the
department under subsection (c)(3), or return the rule to the advisory board
for revision.
Notes
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