| (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.
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