Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,850
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William B. Travis Building, 1701 North Congress Avenue, Austin,
Texas 78701 on April 29, 2003 at 9:00 a.m. Interested persons
are invited to comment on the rule at that time and to offer oral
reply comments to the initial comments filed in this project.
This new section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated 14.002 (Vernon 1998, Sup-
plement 2003) (PURA), which provides the Public Utility Com-
mission with the authority to make and enforce rules reason-
ably required in the exercise of its powers and jurisdiction; and
specifically, PURA 39.252, which allows an electric utility to re-
cover all of its net, verifiable, nonmitigable stranded costs in pur-
chasing power and providing electric generation service; PURA
39.262(a), which provides that an electric utility and its affil-
iates may not be permitted to overrecover its stranded costs;
PURA 39.262(c), which directs each transmission and distri-
bution utility, its affiliated retail electric provider, and its affiliated
power generation company to jointly file an application to final-
ize its stranded costs under procedures to be determined by the
commission; and PURA 39.262(h) and (i), which establish the
methods by which the final stranded costs shall be calculated.
Cross Reference to Statutes: Public Utility Regulatory Act
14.002, 39.252 and 39.262.
25.264. Quantification ofStranded Costs ofNuclear Generation As-
sets.
The market value of an affiliated power generation company's nuclear
assets shall be established by compliance with any of the four methods
of quantification specified in Public Utility Regulatory Act 39.262(h)
and related requirements specified in 25.263 of this title (relating to
True-up Proceeding). For any nuclear assets that are not valued pur-
suant to a sale of assets or an exchange of assets, the electric utility
or its affiliated power generation company shall either combine those
assets in one or more transferee corporations as described in PURA
39.262(h)(2) and (3) for purposes of determining their market value,
or the commission will determine their market value using the "excess
costs over market" or ECOM method.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301880
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 936-7308
TITLE 22. EXAMINING BOARDS
PART 14. TEXAS OPTOMETRY BOARD
CHAPTER 280. THERAPEUTIC OPTOMETRY
22 TAC 280.5
The Texas Optometry Board proposes amendments to 280.5,
concerning Prescription and Diagnostic Drugs for Therapeutic
Optometry in order to incorporate changes made in the Texas
Pharmacy Act regarding dispensing instructions to pharmacies
on product substitution. Amendments by the Pharmacy Boardto 22 TAC 309.3 have been incorporated into 280.5 so that li-
censees of the Board may be in compliance with the Texas Phar-
macy Act. The proposed amendments correct requirements for
written, electronically, and verbally transmitted prescriptions. Ci-
tations to the Optometry Act have also been corrected.
Chris Kloeris, Executive Director of the Texas Optometry Board,
has determined that for the first five-year period the amendments
are in effect, there will be no fiscal implications for state and lo-
cal governments as a result of enforcing or administering the
amendments.
Chris Kloeris also has determined that for each of the first five
years the amendments are in effect, the public benefit anticipated
as a result of enforcing the amendments is that the public will
receive from their pharmacists the drugs as prescribed by their
therapeutic optometrist. It has also been determined that the
amendments will not impose any additional costs to the persons
affected by the rule since existing prescription forms may still
be used. No additional costs are foreseen for small or micro
business.
Comments on the proposal may be submitted to Chris Kloeris,
Executive Director, Texas Optometry Board, 333 Guadalupe
Street, Suite 2-420, Austin, Texas 78701-3942. The deadline
for furnishing comments is 30 days after publication in the Texas
Register.
The amendments are proposed under the Texas Optometry Act,
Texas Occupations Code, 351.151 and the Texas Pharmacy
Act 562.015. The Texas Optometry Board interprets 351.151
as authorizing the adoption of procedural and substantive rules
for the regulation of the optometric profession and 562.015 as
authorizing the board to direct licensees to follow statutory dis-
pensing directives for the communication of substitution instruc-
tions to pharmacists.
No other section is affected by the amendments.
280.5. Prescription and Diagnostic Drugs for Therapeutic Optom-
etry.
(a) A therapeutic optometrist may administer and prescribe
any drug authorized by 351.358(a) and (b)(1) of the [Texas Optome
try] Act [Articles 4552-h12 and 4- as amended by House Bill 1051
n-gth ....ate Regu.ar Session].
(b) To prohibit substitution of a generically equivalent drug
product on a written prescription drug order, a therapeutic optometrist
must write across the face of the written prescription, in the therapeutic
optometrist's own handwriting, "brand necessary" or "brand medically
necessary." [As specified in the Texas Pharmacy Act -5627008 and
. . .Texas eeupatos Wte prencrponshall be on
a form which contains two signature lines of equal prominence side
by side at the bottom of the formim Under either signature line shall be
printed clearly the words "product ~e1eetion permitted" and under the
ether signature line shall be printed clearly the words "dispense as writ-
ten A therapeutic optometrist shall communicate dispensing instrue-
tions to a pharmacist by signing on the appropriate line] If the thera-
peutic optometrist does not clearly indicate "brand necessary" or "brand
medically necessary," [that the prescription drug shall e dispensed as
ordered,] the pharmacist may substitute a generically equivalent drug
product in compliance with the Texas Pharmacy Act, 562.008 and
563.002 of the Texas Occupations Code, and 309.3 of this title.
(c) (No change.)
(d) The prescribing therapeutic optometrist issuing verbal or
electronic [eral] prescription drug orders to a pharmacist shall furnish
the same information required for a written prescription, except for28 TexReg 2850 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/29/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.