Texas Register, Volume 12, Number 57, Pages 2453-2487, July 28, 1987 Page: 2,467
2453-2487 p. ; 28 cm.View a full description of this periodical.
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a manner as to prevent undue drainage of
oil or gas from beneath the state land.
(c) Within 30 days after an offset well
has been completed or abandoned, a log of
each well shall be filed in the land office.
(d) Upon written approval of the
commissioner, the payment of a compen-
satory royalty shall satisfy the obligation to
drill an offset well or wells required by this
section. Compensatory royalties paid shall
be at the royalty rate provided by the lease
covering the state lands and shall be paid at
the market value at the well of production
from the well that is located within 1,000 feet
of the leased state lands or that is draining
the leased state land.
This agency hereby certifies that the pro-
posal has been reviewed by legal counsel
and found to be within the agency's au-
thority to adopt.
Issued in Austin, Texas, on July 22. 1987.
TRD-8706033 Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption
August 28, 1987
For further information, please call
(512) 463-5009.
TITLE 40. SOCIAL
SERVICES AND
ASSISTANCE
Part I. Texas Department
of Human Services
Chapter 35. Pharmacy Services
The Texas Department of Human Services
proposes the repeal of 35.1-35.6. 35.101-
35.102, 35.201-35.210, 35.301-35.302,
35.401-35.404, 35.501-35.504, 35.601-
35.610, 35.701-35.710, 35.801-35.808,
35.901-35.904, 35.9801, 35.9803, and
35.9804 (comprising all of Chapter 35,
Pharmacy Services); concerning admin-
istration; vendor applications: participa-
tion; hold procedure; medications, audits;
pharmacy claims; reimbursement; limita-
tions; the Texa Code Index-addition, re-
tention, and deletion of drugs; and
support documents; respectively. The
agency also proposes new 35.101-
35.110, 35.201-35.205, 35.301-35.303,
35.401-35.408, 35.501-35.502, 35.601-
35.610, 35.701-35.709, 35.801-35.804, and
35.9001, concerning participation; ad-
ministration; medications; limitations,
audits; reimbursement; pharmacy claims;
the Texas Drug Code Index-addition,
retention, and deletions; and support
documents; respectively. In the new
chapter, which concerns the Vendor Drug
Program, the department is not propos-
ing substantive changes; instead, the
department is proposing to recodify and
rearrange existing sections into a more
logical order. The proposal includes some
minor editorial changes for clarity.Brian Packard, associate commissioner
for budget, planning, and economic anal-
ysis, has determined that for the first five-
year period the proposed repeals and new
sections will be in effect there will be no
fiscal implications for state or local
governments, or small businesses as a
result of enforcing or administering the
repeals and new sections.
Mr. Packard also has determined that for
each year of the first five years the repeals
and new sections are in effect the antici-
pated public benefit will be clearer and
better organized department rules. There
is no anticipated economic cost to indi-
viduals who are required to comply with
the proposed repeals and new sections.
Comments on the proposal may be sub-
mitted to Cathy Rossberg, Administrator,
Policy Development Support Division-236,
Texas Department of Human Services 222-
E, P.O. Box 2960, Austin, Texas 78769,
within 30 days of publication in the Texas
Register.
Subchapter A. Administration
* 40 TAC 35.1-35.6
(Editor's note: The text of the following sec-
tions proposed for repeal will not be pub-
lished. The sections may be examined in the
offices of the Texas Department of Human
Resources, 701 West 51st Street, Austin, or
in the Texas Register office, Room 503F,
Sam Houston Building, 201 East 14th
Street, Austin.)
The repeals are proposed under the
Human Resources Code, Title 2, Chapters
22 and 32, which provides the department
with the authority to administer public
and medical assistance programs.
35.1. Covered Drugs.
35.2. Standards For Tape Input Service
Bureau Companies.
35.3. Imprinters.
35.4. Prescriber Identification Numbers.
35.5. Evidence of Eligibility.
35.6. Correspondence Concerning Ven-
dor Drug Program.
This agency hereby certifies that the pro-
posal has been reviewed by legal counsel
and found to be within the agency's
authority to adopt.
Issued in Austin, Texas, on July 22, 1987.
TRD-8706010 Marlin W. Johnston
Commissioner
Texas Department of
Human Services
Proposed date of adoption:
November 2, 1987
For further information, please call
(512) 450-3766.
Subchapter B. Vendor
Applications
*40 TAC 35.101, 35.102
(Editor's note: The text of the following sec-
tions proposed for repeal will not be pub-
lished. The sections may be examined in the
offices of the Texas Department of HumanServices, 701 West 51st Street, Austin, or in
the Texas Register office, Room 503F, Sam
Houston Building, 201 East 14th Street,
Austin.)
The repeals are proposed under the
Human Resources Code, Title 2, Chapters
22 and 32, which provides the department
with the authority to administer public
and medical assistance programs.
35.101. Application Forms.
35.102. Contracts.
This agency hereby certifies that the pro-
posal has been reviewed by legal counsel
and found to be within the agency's
authority to adopt.
Issued in Austin, Texas, on July 22, 1987.
TRD-8706011 Marlin W. Johnston
Commissioner
Texas Department of
Human Services
Proposed date of adoption:
November 2, 1987
For further information, please call
(512) 450-3766.
Subchapter A. Participation
*40 TAC 35.101-35.110
The new sections are proposed under the
Human Resources Code, Title 2, Chapters
22 and 32, which provides the department
with the authority to administer public
and medical assistance programs.
35.101. Requirements for Participation.
Any pharmacy or pharmacist, who has a
current license or registration with the Texas
State Board of Pharmacy or is licensed under
the laws of his respective state and is free
from any pharmacy board restriction, may
apply to become a provider in this program.
Prescribing practitioners, who are authorized
and licensed to practice the healing arts, as
defined and limited by federal and state laws,
and choose to provide their own pharmaceu-
ticals, may also apply to become providers.
35.102. Applications for Participation.
(a) Applications for participation are
made to Vendor Drug Program Provider En-
rollment, Texas Department of Human Ser-
vices, P.O. Box 2960, Austin, Texas 78769.
(b) When an application is approved,
the provider or his authorized representative
must enter into a written contract with the
department to acquire participating status.
The provider is advised by letter of the ef-
fective date of his contract, his eligibility for
the delivery fee add-on, and his vendor num-
ber. A contracted provider agrees to provide
pharmaceutical services to Medicaid reci-
pients in the same manner and to the same
degree as they are provided to the general
public.
35.103. Confidentiality. The provider
must not reveal to the public the identity of4P Proposed Rules July 28, 1987 12 TexReg 2467
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Texas. Secretary of State. Texas Register, Volume 12, Number 57, Pages 2453-2487, July 28, 1987, periodical, July 28, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243901/m1/15/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.