ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter B. Commercial Carriers 16 TAC sec.5.23 The Railroad Commission of Texas adopts an amendment to sec.5.23, concerning cab cards for commercial carriers, without changes to the proposed text as published in the May 2, 1995, issue of the Texas Register (20 TexReg 3237). The commission adopts this amendment to reduce the cost of a cab card issued to a commercial carrier to replace a previously issued cab card that has been lost, stolen, destroyed, mutilated, or becomes illegible. The amendment also permits transfer of a cab card from a motor vehicle that is retired from service to a motor vehicle which is substituted for the retired vehicle upon the filing of a report in a form prescribed by the director, accompanied by the cab card of the retired vehicle and a fee of $1.00 for each motor vehicle so substituted. The commission received two comments supporting the proposed amendment but no comments opposing the proposed amendment; the commission received no comments from any group or association. The commission adopts the amendment pursuant to the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes the commission to prescribe rules and regulations for the operations of motor carriers of property; and Texas Civil Statutes, Article 6701d, sec.139(c) and (j), which authorizes the commission to require insurance coverage for motor carriers and to impose certain sanctions for failure to maintain the required insurance coverage. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509563 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission of Texas Effective date: August 22, 1995 Proposal publication date: May 2, 1995 For further information, please call: (512) 463-7008 Chapter 9. Liquefied Petroleum Gas Division Subchapter A. General Applicability and Requirements 16 TAC sec.9.2 The Railroad Commission of Texas adopts an amendment to sec.9.2, relating to definitions, with changes to the proposed text as published in the May 23, 1995, Texas Register (20 TexReg 3812). The adopted amendment which has been changed from the proposed version relates to the definitions of "nonspecification unit" and "specification unit. " The adopted amendment adds definitions for some frequently used terms, including acronyms, and to clarify some definitions. Other nonsubstantive changes include some changes in wording, punctuation, and organization to provide clearer language. No groups or associations submitted comments. One individual submitted comments regarding seven of the definitions proposed to be amended. The commission disagrees with four of the comments (relating to "connector, gas supply," "material handling equipment," "pullaway," and "water capacity"); the revisions offered in the comments do not add any clarification to the definitions. Additionally, the commission's proposed definition for "water capacity" is more specific and follows the language in the National Fire Protection Association's Pamphlet 58, Standard for the Storage and Handling of Liquefied Petroleum Gases . The commission disagrees with the comments regarding the definition of "farm cart;" as far as can be determined, the LP-gas division has not approved a farm cart with other than a single axle. The commission agrees with the suggested changes to the definitions for "nonspecification unit" and "specification unit" and has made those changes in the adopted amendment. The amendment is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public. sec.9.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Aggregate water capacity (AWC)-The sum of all individual container capacities measured by weight or volume of water in a battery at an installation. ANSI-American National Standards Institute. Approved-Authorized by the commission or the Railroad Commission. ASME-American Society of Mechanical Engineers. ASME Code-ASME Boiler and Pressure Vessel Code. ASME container -Any LP-gas container manufactured to the specifications of the ASME Code, Division 1, Section VIII, in effect at the time of fabrication. Auxiliary engine -An engine which is mounted on a vehicle but used for purposes other than propelling the vehicle. Camping trailer -A portable vehicular unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the camp site to provide temporary living quarters for recreational, camping, or travel use. (See also "recreational vehicle" in this section). Certified-Authorized to perform LP-gas work as set forth in the Texas Natural Resources Code. Employee certification alone does not allow an individual to perform those activities which require licensing. Commercial installation -Any LP-gas installation located on premises other than a single family dwelling used as a residence, including but not limited to a retail business establishment, school, bulk storage facility, convalescent home, hospital, retail LP-gas cylinder filling/exchange operation, service station, forklift refueling facility, or private motor/mobile fuel cylinder filling operation. Connector, gas supply-The tubing or piping connecting a recreational vehicle to a gas supply source. Container-Any receptacle, such as ASME or DOT containers, designed for the transportation or storage of LP-gas, or any receptacle designed for the purpose of receiving injections of LP-gas for use or consumption by or through an LP-gas system. Dispensing system -That combination of valves, meters, hoses, piping, electrical connections, and fuel connections at a stationary installation used to distribute LP-gas to portable DOT containers or DOT/ASME mobile or motor fuel containers. DOT-United States Department of Transportation. DOT container-Any LP-gas container manufactured to DOT or ICC specifications, regardless of whether those standards are still in effect or whether those agencies assert jurisdiction over a particular container. Employee-Any individual who renders or performs any services or labor for compensation, including individuals hired on a part-time or temporary basis, on a full-time or permanent basis, or an owner-employee. Farm cart-A single-axle trailer upon which is mounted a container with a capacity of 1,000 gallons or less used to transport fuel for farm or ranch use. Final approval -The authority issued by the commission or the Railroad Commission allowing the introduction of LP-gas into a container and system. ICC-Interstate Commerce Commission. Interim approval -The authority issued by the Railroad Commission of Texas following a public hearing allowing construction of an LP-gas installation. Licensed-Authorized to perform LP-gas activities through the issuance of a valid license. Material handling equipment-Pumps, meters, filling connections, compressors, emergency shut-off valves, and bulkheads, excluding automatic or manual dispensers, used to facilitate the flow of LP-gas. Motor home-A vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle. (See also "recreational vehicle" in this section). Nonspecification unit -An LP-gas transport not constructed to DOT MC-330 or MC-331 specifications. (See also "Specification unit" in this section.) Outlet-A site operated by an LP-gas licensee at which the business conducted materially duplicates the operations for which the licensee is initially granted a license. Property line-The boundary which designates the property interest ends and another begins. PSI-Pounds per square inch. PSIA-Pounds per square inch absolute. PSIG-Pounds per square inch gauge. Public transportation vehicle-A vehicle for hire to transport persons, including but not limited to taxis, buses (excluding school buses and mass transit or special transit vehicles), or airport courtesy cars. Pullaway-The accidental separation of a hose from a cylinder, container, transfer equipment, or dispensing equipment, which could occur on a cylinder, container, transfer equipment, or dispensing equipment whether or not they are protected by a pullaway device. Recreational vehicle -A vehicular unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motor power or is mounted on or towed by another vehicle, including but not limited to a travel trailer, camping trailer, truck camper, or motor home. Repair to container -The correction of damage or deterioration to an LP-gas container, the alteration of the structure of such a container, or the welding on such container in a manner which causes the temperature of the container to rise above 400 degrees Fahrenheit. Representative-The individual designated by an applicant or licensee as the principal individual in authority who is responsible for actively supervising the licensee's LP-gas activities. Special transit vehicle-A vehicle designed with limited passenger capacity which is used by a school or mass transit authority for special transit purposes, such as transport of mobility impaired persons. Specification unit -An LP-gas transport constructed to DOT MC-330 or MC-331 specifications. (See also "Nonspecification unit" in this section.) Subframing-The attachment of supporting structural members to the pads of a container, excluding welding directly to or on the container. Travel trailer -A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require special highway movement permits when towed by a motorized vehicle, and of gross trailer area less than 320 square feet. (See also "recreational vehicle" in this section). Truck camper-A portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pick-up truck. (See also "recreational vehicle" in this section.) Ultimate consumer -The individual controlling LP-gas immediately prior to its ignition. Water capacity -The amount of water, in pounds or gallons, at 60 degrees Fahrenheit (15.6 degrees Centigrade) required to fill a container. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509569 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission of Texas Effective date: August 22, 1995 Proposal publication date: May 23, 1995 For further information, please call: (512) 463-7008 16 TAC sec.9.33 The Railroad Commission of Texas adopts an amendment to sec.9.33, relating to the U.S. Department of Labor (DOL) Defense Conversion Adjustment Grant Advisory Committee, without changes to the proposed text as published in the July 4, 1995, Texas Register (20 TexReg 4895). Under the current rule, this advisory committee will be abolished on July 1, 1995, unless the commission amends the section to establish a different date; since the commission has received approval to extend the grant period, the commission extends the advisory committee through June 15, 1996. Although the grant money is available only through December 17, 1995, the additional time is necessary to ensure the completion of all required reports and activities. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public. The amendment implements the provisions of Senate Bill 383, 73rd Legislature, 1993, which mandates that state agency advisory committees conform to specific requirements set forth in the act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509571 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission of Texas Effective date: August 22, 1995 Proposal publication date: July 4, 1995 For further information, please call: (512) 463-7008 Chapter 13. Regulations for Compressed Natural Gas (CNG) Fuel Systems Subchapter A. Scope and Definitions 16 TAC sec.13.3 The Railroad Commission of Texas adopts an amendment to sec.13.3, relating to definitions, without changes to the proposed text as published in the May 23, 1995, Texas Register (20 TexReg 3814). Section 13.3 defines terms relating to compressed natural gas equipment and installations, acronyms of associations or societies, and commission licensing procedures. The adopted amendment adds definitions for some frequently used terms, including acronyms, and clarifies some definitions. Other proposed nonsubstantive changes include some changes in wording, punctuation, and organization to provide clearer language. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.116.012, which authorizes the commission to adopt rules and standards relating to compressed natural gas work and operations to protect the health, welfare, and safety of the general public. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509570 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission of Texas Effective date: August 22, 1995 Proposal publication date: May 23, 1995 For further information, please call: (512) 463-7008 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health The Texas Department of Health (department) adopts the repeal of existing sec.1.104 and proposed new sec.1.104, concerning signs on the prohibition of the sale, or provision of tobacco products to a minor under 18 years of age. New sec.1.104 is adopted with changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1615). The new signs say that the sale or provision of tobacco products to a minor under 18 years of age is prohibited by law, and that upon conviction a maximum fine of up to $500 may be imposed. The existing signs specify that the maximum fine is $200 for violation. This change is necessitated by the legislative change in the definition of a Class C misdemeanor. The new sign also provides a toll free hot line where individuals can acquire more information. In addition to these changes, the new signs have been enlarged and changed in color and design. The existing rule is repealed and is replaced by the new rule. The new section will comply with the requirements of Health and Safety Code, sec.161.082, which requires the board to determine by rule the design and size of signs on the prohibition of the sale or provision of tobacco products to a minor under 18 years of age, and on request to provide the sign without charge to any person who sells cigarette products. No comments were received during the comment period. However, in review of the proposed new section, department staff discovered an error in one of the sites in subsection (a). The second sentence of subsection (a) should read: "Section 161.082 also requires the Board of Health to determine the design and size of the sign." Public Health Promotion 25 TAC sec.1.104 The repeal is adopted under the Health and Safety Code, sec.161.082, which provides the Texas Board of Health with authority to adopt rules concerning the design and size of signs on the prohibition of the sale or provision of tobacco products to a minor under 18 years of age, and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health and the Commissioner of Health. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509600 Susan K. Steeg General Counsel Texas Department of Health Effective date: August 23, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 458-7236 The new section is adopted under the Health and Safety Code, sec.161.082, which provides the Texas Board of Health with authority to adopt rules concerning the design and size of signs on the prohibition of the sale or provision of tobacco products to a minor under 18 years of age, and sec.12. 001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health and the Commissioner of Health. sec.1.104. Signs Covering the Prohibition of the Sale or Provision of Tobacco Products to a Minor Under 18 Years of Age. (a) The Health and Safety Code, sec.161.081, requires that each person who sells tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the tobacco products may be purchased. Section 161.082 also requires the Board of Health to determine the design and size of the sign. To implement this provision, the Board of Health has approved a sign to be placed on vending machines and a sign to be placed close to a cash register or check- out stand. The design and minimum size of each sign are as follows. (1) The minimum size of the sign to be posted close to the cash register or check-out stand shall be 8 1/2 by 11 inches. The sign shall be printed black on goldenrod colored paper or stock. The design of the sign, including wording and minimum print size, shall be as shown in the replica published as follows. Figure 1: 25 TAC sec.1.104(a)(1) (2) The minimum size of the sign to be posted close to the vending machine shall be three by seven inches. The sign shall be printed black on goldenrod colored paper or stock. The design of the sign, including wording and minimum print size, shall be as shown in the replica published as follows. Figure 2: 25 TAC sec.1.104(a)(2) (b) The department on request shall provide the sign without charge to any person who sells tobacco products. The department will provide the sign without charge to distributors or wholesale dealers of tobacco products in this state for distribution to persons who sell tobacco products. (c) Requests for signs shall be made to the Texas Department of Health, Literature and Forms Division, Warehouse Facility, 1100 West 49th Street, Austin, Texas 78756-3199. A requestor shall indicate the warehouse stock number, (#4-171 for vending machine signs, #4-171A for vending machine signs in Spanish, #4-172 for cash register or check-out area signs, and #4-172A for cash register or check-out area signs in Spanish), the number of signs desired, and the person and address to whom the signs are to be mailed. (d) Retailers and wholesalers may develop their own signs provided they meet the minimum size specifications and the designs (including wording and minimum print size) for the signs as described in subsection (a) of this section. A wholesaler or retailer may submit a sample of its proposed sign for review to the department's Office of Smoking and Health, 1100 West 49th Street, Austin, Texas 78756. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509601 Susan K. Steeg General Counsel Texas Department of Health Effective date: August 23, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 458-7236 Chapter 37. Maternal and Child Health Services Surveillance and Control of Birth Defects 25 TAC sec.37.307 The Texas Department of Health (department) adopts new sec.37.307, concerning a Scientific Advisory Committee on Birth Defects in Texas, without changes to the proposed text as published in the March 7, 1995, issue of the Texas Register (20 TexReg 1616). The new section is necessary to implement Health and Safety Code, Chapter 87, Birth Defects, sec.87.006, which requires the department to establish a scientific advisory committee on birth defects in Texas. Section 37.307 defines the committee's purposes, composition, meeting procedures and reporting responsibilities. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Health and Safety Code, Chapter 87, Birth Defects, Subchapter A, General Provisions, sec.87.006, which requires the department to establish a scientific advisory committee; and Health and Safety Code, sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509599 Susan K. Steeg General Counsel Texas Department of Health Effective date: August 23, 1995 Proposal publication date: March 7, 1995 For further information, please call: (512) 458-7236 Chapter 157. Emergency Medical Care EMS Personnel Certification 25 TAC sec.157.45 The Texas Department of Health adopts an amendment to sec.157.45, concerning recertification of emergency medical services personnel, with changes to the proposed text as published in the March 31, 1995, issue of the Texas Register (20 TexReg 2377). The amendment is needed to facilitate the processing of application and examination results, in order to comply with processing timelines established by the Health and Safety Code, Chapter 773, sec.773.055; as well as those defined in 25 Texas Administrative Code, sec.157.3, regarding processing EMS provider licenses and applications for EMS personnel certification. The following comment was received concerning the proposed amendment. COMMENT: Concerning sec.157.45(b)(1)(D), seven commenters asked that this subsection not be revised as proposed. The commenters felt that the proposed deletion of language would eliminate the definition and purpose to the continuing education (CE) evaluation. The deletion of language would also allow significant changes to be made in the CE evaluation. RESPONSE: The department agrees with the comment and had not intended to change the CE evaluation. The language, therefore, has been retained. The commenters were individuals who were generally in favor of the proposed amendments, however they had concerns regarding a particular subsection and offered suggestions for change. The amendment is adopted under the Health and Safety Code, Chapter 773, which provides the board with the authority to adopt rules for recertification of EMS personnel; and sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health. sec.157.45. Recertification. (a) General. (1) Prior to the expiration of a certificate, the Texas Department of Health's (department) Bureau of Emergency Management (bureau) shall mail a notice of expiration by United States mail to the certificant at the address shown in the bureau's records. It is the responsibility of emergency medical services (EMS) personnel to notify the bureau of any change of address. (2)-(3) (No change.) (4) If the application approval process is prolonged due to a felony/misdemeanor conviction investigation, the 90-day time period in subsection (c)(1) of this section may be extended to accommodate the candidate who is deemed eligible for recertification. (5) An application for a lower level of certification may be submitted with the applicable fee as described in subsection (b)(1)(B) of this section if the certificant meets the requirements for the level of certification requested as described in subsection (b)(1)(A) and (C) of this section. (b) Timely recertification. (1) A certificant shall meet the following requirements for recertification. The certificant shall: (A)-(C) (No change.) (D) complete the department's CE evaluation which shall be an attempt to measure the individual's knowledge necessary for the adequate provision of emergency care for current level of certification. The department has final authority for scheduling all written CE evaluation sessions. (2)-(4) (No change.) (5) In conjunction with the certificant's two-year interim CE reporting cycle, the certificant may elect to complete the CE evaluation or the certificant's medical directors, providers, first responder organizations and/or employers may mandate that the certificant complete the CE evaluation and, if applicable, one re-evaluation. The first CE evaluation shall be completed within 180 days after the deadline date of the interim two-year reporting cycle. The re-evaluation may be completed after the 180-day period. The CE evaluation results will be issued as described in paragraph (3) of this subsection. (6) (No change.) (c) Late recertification. (1) If an application and the non-refundable fee for recertification, including a $25 late fee, are postmarked within 90 days following the expiration date, the applicant shall qualify for recertification by: (A) completing the CE requirements for recertification as required in sec.157.38 of this title (relating to Continuing Education); and (B) meeting the certification requirement as described in subsection (b)(1)(C) and (D) of this section no later than 90 days from the expiration date. Certification shall continue during the 90-day period. (2) Persons who do not complete the recertification process by the 90th day following their expiration date shall follow the procedure in subsection (d) of this section to become certified. (d) Re-entry. (1) If an application, and non-refundable fee, for certification is received after the 90-day period beyond the expiration date of the previous certificate, but within one year following the expiration date, the applicant shall submit, in addition to the certification fee, a non-refundable late fee of $25. The applicant is not certified during this period. If he represents himself as a certified EMS person, the applicant may be denied certification and may be subject to the civil and criminal penalties under the Health and Safety Code, sec.773.063 and sec.773.064. (A) A person who submitted an application, fee, and late fee if applicable under subsections (b) and (c) of this section; but who did not complete recertification requirements within the established time frames is not required to submit a new application and fee under this subsection. (B) All requirements in subparagraph (C)(i) -(iii) of this paragraph shall be completed no later than one year from the expiration date of the most recent certificate. (C) The applicant shall qualify for certification by successfully: (i) completing the CE requirements for recertification as required in sec.157.38 of this title (relating to Continuing Education) no earlier than two years prior to the application; (ii) completing verification of skills proficiency as described in sec.157.41(a)(5) of this title (relating to Certification); and (iii) achieving a passing grade on the certification examination as required in sec.157.41(a)(6) of this title (relating to Certification) and on each critical subscale. An applicant who fails the certification examination may retest one time, provided a fee of $25, if applicable, accompanies the application for retest. (D) A candidate who fails the retest and wishes to become certified shall take a department-approved refresher course, complete skills proficiency verification, and submit an application and non-refundable fee as appropriate prior to completing the certification examination. An applicant who fails the certification examination may retest one time provided a fee of $25 accompanies the application for a retest. The process in this paragraph may be repeated if necessary and if time allows. (E) A candidate who does not successfully complete the re-entry requirements in subparagraph (B), (C), or (D) of this paragraph within one year following their expiration date shall meet the requirements in paragraph (2) of this subsection prior to being eligible for certification or the requirements of sec.157.41 of this title (relating to Certification) as appropriate. (2) If an application and non-refundable fee for certification and a non- refundable late fee of $25 is received more than one year following the expiration date but within two years following the expiration date, the applicant shall qualify for recertification by completing the requirements in subsection (f)(1)(A)(i), (B)(i), or (C)(i) of this section for the appropriate level of certification. To receive credit, these requirements must be completed no earlier than two years prior to the application. (A) Candidates completing the requirement of this subsection shall achieve a passing grade on the certification examination as required in sec.157.41(a)(6) of this title (relating to Certification) and on each subscale. An applicant who fails the certification examination may retest one time provided a fee of $25 accompanies the application for a retest. (B) A candidate who fails the retest and wishes to become certified shall take a department-approved refresher course, complete skills proficiency verification, and submit an application and non-refundable fee as appropriate prior to completing the certification exam. An applicant who fails the certification examination may retest one time provided a fee of $25 accompanies the application for a retest. (C) All requirements shall be completed within two years from the expiration date of the most recent certificate. (D) A candidate who does not successfully complete the re-entry requirements in this subsection shall meet the requirements of sec.157. 41 of this title (relating to Certification) prior to being eligible for certification. (e) Inactive status. A certified emergency medical technician (EMT), EMT- Intermediate (EMT-I), or EMT-Paramedic (EMT-P) may make application to the department for inactive status. (1)-(3) (No change. ) (f) Return into active status. (1) To regain active status a certificant shall complete the following requirements prior to submitting an application and fee as set out in sec.157.41(a)(4) of this title (relating to Certification). All requirements shall be completed within the two years prior to the application. (A) Paramedics. (i) The paramedic shall successfully complete: (I)-(II) (No change.) (III) a Prehospital Pediatric Provider Course (PPPC) or Pediatric Advanced Life Support (PALS) course; (IV)-(V) (No change.) (ii) (No change.) (iii) A candidate who fails and wishes to become certified shall take a department-approved refresher course, complete skills proficiency verification, and submit an application and non-refundable fee as appropriate prior to completing the certification exam. An applicant who fails the certification examination may retest one time provided a fee of $25 accompanies the application for a retest. (B) EMT-I. (i) The EMT-I shall successfully complete: (I)-(II) (No change.) (III) a PPPC or PALS course; (IV)-(V) (No change.) (ii) (No change.) (iii) A candidate who fails and wishes to become certified shall take a department-approved refresher course, complete skills proficiency verification, and submit an application and non-refundable fee as appropriate prior to completing the certification exam. An applicant who fails the certification examination may retest one time provided a fee of $25 accompanies the application for a retest. (C) EMT. (i)-(ii) (No change.) (iii) A candidate who fails and wishes to become certified shall take a department-approved refresher course, complete skills proficiency verification, and submit an application and non-refundable fee as appropriate prior to completing the certification exam. An applicant who fails the certification examination may retest one time provided a fee of $25 accompanies the application for a retest. (2)-(3) (No change.) (g) Military personnel. An individual who fails to renew certification within 90 days of the expiration date because of active duty serving outside the State of Texas, shall have one year from the date of return to the state in which to: (1) complete department-approved CE requirements as outlined in sec.157.38 of this title (relating to Continuing Education); (2)-(4) (No change.) (h) Hardship cases. The bureau chief may review special hardship cases and allow a candidate additional time to complete requirements beyond the two-year CE reporting deadline or certification expiration date. Although additional time may be allowed to complete requirements, certification shall not continue beyond 90 days following the certification expiration date. This subsection does not apply to re-entry or return candidates as described in subsections (d) and (f) of this section. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 1, 1995. TRD-9509597 Susan K. Steeg General Counsel Texas Department of Health Effective date: August 23, 1995 Proposal publication date: March 31, 1995 For further information, please call: (512) 458-7236