Texas Administrative Code

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

This subchapter provides for the licensing and regulation of tanning facilities, including the terms and conditions under which tanning devices at such facilities may be operated, pursuant to applicable state and federal laws, rules, and regulations. Notes 25 Tex. Admin. Code § 2…

(a) The Tanning Facility Regulation Act, Health and Safety Code, Chapter 145, governs and applies to the rules in this subchapter. (b) The Executive Commissioner of the Health and Human Services Commission may adopt rules as necessary to implement the Tanning Facility Regulation …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Tanning Facility Regulation Act (Act), codified as Health and Safety Code, Chapter 145. (2) Adulterated--Has the meaning gi…

(a) This subchapter does not apply to a phototherapy device used by or under the supervision of a licensed physician who is trained in the use of a phototherapy device. (b) Personal use of a tanning device by an individual is exempt from the provisions of this subchapter to the e…

(a) A person shall not operate a tanning facility without a current and valid license to operate the facility that is issued by the department. A separate license is required for each tanning facility. (b) The license shall be displayed in an open public area of the tanning facil…

(a) All applicants for a tanning facility license or renewal license shall pay a license fee for each place of business. All fees are nonrefundable. The license fees are as follows: (1) $440 for a two-year license; (2) $440 for a two-year license that is amended due to a change o…

(a) The department may revoke, cancel, suspend, suspend on an emergency basis, or probate by an emergency order of the commissioner, or the commissioner's designee a license to operate a tanning facility if the facility has: (1) failed to pay a license fee or a renewal fee for a …

The license holder shall notify the department in writing within ten working days of any change, including a change in location, name, or ownership of a tanning facility, which would render the information contained in the initial license application, reported pursuant to § 229.3…

(a) No person, in any advertisement, shall refer to the fact that the person or the person's facility is licensed with the department pursuant to the provisions of § 229.345 of this title (relating to Licensing of Tanning Facilities), and no person shall state or imply that any a…

(a) A tanning facility operator shall post a warning sign in a conspicuous location where it is readily visible to persons entering the facility. The sign shall have the following wording and appearance. Attached Graphic (b) A tanning facility operator shall post a warning sign, …

(a) Only tanning devices manufactured and certified to comply with 21 Code of Federal Regulations (CFR), Part 1040, §1040.20, "Sunlamp products and Ultraviolet Lamps Intended for Use in Sunlamp Products", shall be used by or sold to tanning facilities. Tanning devices that have b…

(a) Each customer shall be provided with protective eyewear and instructions for their use. The operator shall not allow a person to use a tanning device if that person does not agree to use protective eyewear at all times while using the device. (b) Before each use of a tanning …

(a) A tanning facility shall have an operator present during operating hours. (b) Each operator must be sufficiently trained and knowledgeable in the correct operation of the tanning devices used at the facility to adequately inform and assist each customer in the proper use of t…

(a) Customer notice. (1) A tanning facility operator shall give each customer a written statement warning that: (A) failure to use the eye protection provided to the customer by the tanning facility may result in permanent damage to the eyes; (B) overexposure to ultraviolet light…

A written report of any injury or illness associated with a tanning device shall be forwarded to the department within five working days of its occurrence or knowledge thereof. The report shall include: (1) the name of the affected individual; (2) the name and location of the tan…

(a) The tanning facility shall be kept clean and sanitary at all times. The interior of a tanning facility shall be maintained in good repair and in a safe, clean, sanitary condition, free from all accumulation of dirt and rubbish. (b) The operator shall clean and properly saniti…

(a) Inspections. The commissioner or an authorized agent shall have access at all reasonable times to any tanning facility to inspect the facility to determine compliance with the Tanning Facility Regulation Act (Act) or this subchapter. (b) Administrative penalties. Administrati…

(a) Permitting fees. (1) A person who operates a food establishment shall obtain a permit from the department and pay a permit fee for each establishment unless specifically exempted under subsection (b) or (c) of this section. All permit fees are nonrefundable. Permits are issue…

(a) Accountability performance indicators. The State Board for Educator Certification (SBEC) shall determine the accreditation status of an educator preparation program (EPP) at least annually, based on the following accountability performance indicators, disaggregated by demogra…

(a) The department adopts by reference the following laws and regulations: (1) Federal Food, Drug, and Cosmetic Act, 21 United States Code, et seq., as amended; (2) 21 Code of Federal Regulations (CFR), Part 801, Labeling, as amended; (3) 21 CFR, Part 803, Medical Device Reportin…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431. (2) Adulterated Device--Has the meaning specified i…

(a) A person is exempt from licensing under § 229.435 of this title (relating to Licensure Requirements) if the person engages only in the following types of device distribution: (1) intracompany sales; (2) distribution from a place of business located outside the State of Texas;…

(a) General. Except as provided by § 229.434 of this title (relating to Exemptions), a person may not engage in the distribution or manufacture of devices in Texas unless the person has a valid license from the Commissioner of the Department of State Health Services (commissioner…

(a) License application forms. License application forms may be obtained from the department, 1100 West 49th Street, Austin, Texas, 78756 or online at http://dshs.state.tx.us/license.shtm. (b) Contents of license application. The application for licensure as a device distributor …

The license holder shall notify the department in writing within ten days of any change which would render the information contained in the application for the license, reported pursuant to § 229.436 of this title (relating to Licensing Procedures), no longer accurate. Failure to…

(a) License fee. (1) No person may operate or conduct business as a device distributor without first obtaining a license from the department. All applicants for a device distributor license or a renewal license shall pay a licensing fee. All fees are nonrefundable. Licenses are i…

(a) The commissioner may refuse an application or may suspend or revoke a license if the applicant or licensee: (1) has been convicted of a felony or misdemeanor that involves moral turpitude; (2) is an association, partnership, or corporation and the managing officer has been co…

(a) Minimum requirements. All distributors or manufacturers of devices engaged in the design, manufacture, packaging, labeling, storage, installation, and servicing of devices must comply with the minimum standards of this section in addition to the statutory requirements contain…

(a) An advertisement of a device shall be deemed to be false if it is false or misleading in any particular. (b) An advertisement of a device is false if the advertisement represents that the device affects: (1) infectious and parasitic diseases; (2) neoplasms; (3) endocrine, nut…

(a) Inspection. (1) To enforce these sections or the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431 (Act), the Commissioner of the Department of State Health Services (commissioner), an authorized agent, or a health authority may, on presenting appropriat…

(a) The committee. An advisory committee shall be appointed under and governed by this section. (1) The name of the committee shall be the Device Distributors and Manufacturers Advisory Committee (committee). (2) The committee is required to be established by the Executive Commis…

(a) Inspection fees. A person who operates a non-permitted food establishment, that requests an inspection be conducted by the department, shall pay an inspection fee for each inspection of the establishment. All inspection fees are nonrefundable. (1) A school food establishment …

(a) The State Board for Educator Certification (SBEC) may assign an educator preparation program (EPP) Accredited-Warned or Accredited-Probation status if the SBEC determines that the EPP has violated SBEC rules and/or Texas Education Code (TEC), Chapter 21. (b) If an EPP has bee…

An educator preparation program requesting approval and continuation of accreditation status shall pay the applicable fee from the following list. (1) New educator preparation program application and approval (nonrefundable)--$9,000. (2) Five-year continuing approval review visit…

(a) A Texas educator certificate may be issued to an individual who holds a college degree and an acceptable certificate or credential issued by the authorized licensing agency in another state or territory of the United States and who meets appropriate requirements specified in …

(a) General provisions. (1) Certificate classes. An intern certificate may be issued for any class of certificate except educational aide. (2) Requirement to hold an intern certificate. A candidate seeking certification as an educator must hold an intern certificate while partici…

(a) School district administrators have the authority and responsibility to determine the number of educational aides and level of job performance desired for the operation of the school district. The school district administrator is responsible for preparing accurate job descrip…

(a) A public school employee must have the appropriate credentials for his or her current assignment specified in this chapter and in other rules of the State Board for Educator Certification (SBEC), unless the appropriate permit has been issued under Chapter 230, Subchapter F, o…

(a) An assignment for Bilingual, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) Bilingual Generalist: Early Childhood-Grade 4 (Kindergarten-Grade 4 only). (2) Bilingual Generalist: Early Childhood-Grade 6. (3) Bilingual Generalist: Grades 4-8 (Gra…

An assignment for English I-IV, Grades 9-12, is allowed with one of the following certificates. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English. (4) Grades 6-12 or Grades 9-12--English…

(a) An assignment for English I and II for Speakers of Other Languages, Grades 9-12, and English Language Development and Acquisition (ELDA), Grades 9-12, is allowed with one of the following certificates plus a valid English as a Second Language or bilingual education certificat…

An assignment for English as a Second Language, Grades 9-12, is allowed with a valid classroom teaching certificate appropriate for the grade level and subject areas taught plus one of the following certificates. (1) Bilingual Education Supplemental. (2) Bilingual Education Suppl…

An assignment for Reading I, II, and III, Grades 9-12, is allowed with one of the following certificates. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English. This assignment requires veri…

An assignment for College Readiness and Study Skills, Grades 9-12, is allowed with one of the following certificates. (1) English Language Arts and Reading: Grades 7-12. (2) English Language Arts and Reading: Grades 8-12. (3) Grades 6-12 or Grades 9-12--English. This assignment r…

An assignment for English as a Second Language, Prekindergarten-Grade 6, is allowed with one of the following certificates. (1) An elementary certified teacher with a valid English as a Second Language supplemental certificate or endorsement or bilingual education supplemental ce…

An assignment for Research and Technical Writing, Creative Writing, or Practical Writing Skills; Literary Genres; Humanities; Independent Study in English; Visual Media Analysis and Production; or Contemporary Media, Grades 9-12, is allowed with one of the following certificates.…

An assignment for Oral Interpretation I, II, and III; Debate I, II, and III; Public Speaking I, II, and III; Independent Study in Speech; or Communications Applications, Grades 9-12, is allowed with one of the following certificates. (1) All-Level Speech and Drama. (2) All-Level …