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A Review of State Agencies' Implementation of Sunset Advisory Commission Management Actions

August 2006

Report Number 06-057

Overall Conclusion

The State Auditor's Office has reviewed the status of 11 state agencies' implementation of 36 non-statutory recommendations (management actions) included in the Sunset Advisory Commission Report to the 79th Legislature.

The following five agencies reported that they had fully implemented all management actions:

- The Office of Public Utility Counsel.

- The Public Utility Commission of Texas.

- The Texas Optometry Board.

- The Texas State Board of Examiners of Psychologists.

- The Texas State Board of Veterinary Medical Examiners.

The following four agencies reported that they had fully implemented or were in the process of implementing all management actions:

- The Texas Department of Insurance.

- The Texas Department of State Health Services.

- The Texas Lottery Commission.

- The Texas Medical Board.

Two agencies reported they had fully implemented or were in the process of implementing all but one management action. The management actions they did not implement were as follows:

- The Texas Education Agency (Agency) did not implement a management action recommending that it extend background checks to all currently certified or credentialed educators by using Social Security numbers to search all state and federal criminal conviction databases for any indication of criminal activity. The Agency agreed with that management action; however, because of the large number of licensed educators, the Agency asserted that implementing the management action would require additional funding. For more information on the Agency's practices regarding criminal background checks, see An Audit Report on State Agencies' Use of Criminal History Records (State Auditor's Office Report No. 06-049, July 2006).

- The Board of Chiropractic Examiners (Board) did not implement a management action recommending that it comply with an opinion issued by the Office of the Attorney General and inform chiropractors that needle electromyograms are not within the scope of chiropractic. The Board did not implement that management action as a result of House Bill 972 (79th Legislature, Regular Session). That bill took effect on September 1, 2005. The bill instructed the Board to adopt scope of practice rules that define what is and what is not within the scope of practice for chiropractors. According to the Board, it adopted scope of practice rules that allow qualified chiropractors to perform this procedure.

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