Texas Register June 6, 2025 Volume: 50 Number: 23

Texas Register Table of Contents

1 Texas Health and Human Services Commission
2 Texas Animal Health Commission
- - 2.0.1 Proposed Rules Re:
  - 2.0.2 Proposed Rule Reviews Re:
    - 2.0.2.1 Reviewing Title 4, Part 2, to consider for readoption, revision, or repeal of the chapter concerning Chronic Wasting Disease.
3 Texas Department of Licensing and Regulation
- - 3.0.1 Proposed Rules Re:
4 Texas Department of State Health Services
5 Department of Aging and Disability Services
- - 5.0.1 Proposed Rules Re:
6 Texas Department of Assistive and Rehabilitative Services
- - 6.0.1 Proposed Rules Re:

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 1 TAC §§351.805, 351.821, 351.823, 351.825, 351.827, to revise language and update citations to align with the rule with the statute and Executive Order No. GA-55 issued January 31, 2025.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §§351.805, 351.821, 351.823, 351.825, 351.827

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §351.805, concerning State Medicaid Managed Care Advisory Committee; §351.821, concerning Value-Based Payment and Quality Improvement Advisory Committee; §351.823, concerning e-Health Advisory Committee; §351.825, concerning Texas Brain Injury Advisory Council; and §351.827, concerning Palliative Care Interdisciplinary Advisory Council.

BACKGROUND AND PURPOSE

The proposal is necessary to align the rules with statute and Executive Order No. GA-55 issued January 31, 2025.

The proposal also replaces citations to Texas Government Code §531.012 with §523.0201 and §523.0203 in §§351.805, 351.821, 351.823, and 351.825 to comply with House Bill 4611, 88th Legislature, Regular Session, 2023. House Bill 4611 made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. The new Texas Government Code sections became effective April 1, 2025.

Additionally, the proposal amends §351.823 to extend the e-Health Advisory Committee (e-HAC) abolition date from December 31, 2025, to December 31, 2027. HHSC conducted an internal evaluation of e-HAC, including review of implementation of its recommendations to the agency, public and committee member participation at open meetings, and committee input to the agency regarding policy development and legislative implementation. In alignment with HHSC’s strategic goals and objectives, HHSC proposes extending the committee for two years.

The proposal also includes edits that align the rules with the current HHSC advisory committee rule template.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §351.805 revises language to align the rule with statute and Executive Order No. GA-55 issued January 31, 2025. The amendment also includes edits to align the rule with the current HHSC advisory committee rule template.

The proposed amendment to §351.821 updates citations to Texas Government Code and revises language to align the rule with statute and Executive Order No. GA-55 issued January 31, 2025. The amendment also includes edits to align the rule with the current HHSC advisory committee rule template.

The proposed amendment to §351.823 updates citations to Texas Government Code and revises language to align the rule with statute and Executive Order No. GA-55 issued January 31, 2025, and extends the abolition date of the e-Health Advisory Committee to December 31, 2027. The amendment also includes edits to align the rule with the current HHSC advisory committee rule template.

The proposed amendment to §351.825 updates citations to Texas Government Code and revises the language to align the rule with statute and Executive Order No. GA-55 issued January 31, 2025. The amendment also includes edits to align the rule with the current HHSC advisory committee rule template.

The proposed amendment to §351.827 updates citations to Texas Government Code and revises the language to align the rule with statute and Executive Order No. GA-55 issued January 31, 2025. The amendment also includes edits to align the rule with the current HHSC advisory committee rule template.

Amending 26 TAC §507.1, §507.2, to add new terminology to reflect current practices and new technology.

CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §507.1, §507.2

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §§507.1, 507.2, 507.11 – 507.24, 507.30 – 507.38, 507.41 – 507.49, 507.51 – 507.60, 507.71 – 507.75, and 507.81 – 507.93.

BACKGROUND AND PURPOSE

The proposal is necessary to comprehensively update the end stage renal disease (ESRD) facility rules to align with Texas Health and Safety Code Chapter 251; ensure patient safety; ensure accuracy with current facility licensing, inspection, and investigation procedures; and reflect current technologies. This update also updates definitions and improves rule organization and readability by correcting grammar and updating language, references, and citations; ensures consistency across HHSC Health Care Regulation (HCR) rules; reflects the transition of regulatory jurisdiction from the Texas Department of State Health Services (DSHS) to HHSC; and relocates the rules from Texas Administrative Code (TAC) Title 25 to Title 26.

The proposed rules require compliance with the most current applicable guidelines and standards (including Centers for Medicare and Medicaid Services, Centers for Disease Control, U.S. Food and Drug Administration, and other technical standards), to ensure patient safety.

To implement these changes, rules in 25 TAC Chapter 117, End Stage Renal Disease Facilities, are being repealed and new rules proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The repeal is proposed elsewhere in this issue of the Texas Register . 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter A, General Provisions, contains §507.1 and §507.2.

Proposed new §507.2, Definitions, adds new terminology to reflect current practices and new technology, including audio-only telecommunication, integrated hemodialysis systems, and transitional care. This section also clarifies and updates language and removes terms that are no longer in use due to HHSC organizational changes.

Amending 26 TAC §§507.11 – 507.24, to set forth the general requirements, exceptions, and renewal for an end stage renal disease (ESRD) facility license.

CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER B. LICENSING REQUIREMENTS
26 TAC §§507.11 – 507.24

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter B, Licensing Requirements, contains §§507.11 – 507.24.

Proposed new §507.11, General Requirements for a License, provides general license requirements, adds clarifying language about an ESRD facility sharing buildings with other facilities, and aligns language about license exceptions with statute.

Proposed new §507.12, Application and Issuance of Initial License, provides initial licensure requirements, and clarifies the pre-licensure conference requirements and procedures and fire safety inspection documentation requirements. The section also adds language clarifying that HHSC considers an application withdrawn if an applicant does not complete all licensure requirements within a certain timeframe.

Proposed new §507.13, License Renewal, provides license renewal requirements, including fire safety inspection documentation requirements, and adds a fee for late renewal application materials.

Proposed new §507.14, Change of Ownership, details the process for notifying HHSC of a facility’s change of ownership and requires a facility to submit the change of ownership application materials to HHSC within a certain timeframe.

Proposed new §507.15, Relocation, details the process for notifying HHSC of a planned facility relocation and clarifies relocation and license application requirements.

Proposed new §507.16, Change in Status, requires a facility to notify HHSC in writing within certain timeframes of certain changes impacting the facility’s construction, equipment, finish upgrades, name, contact information, administrator, operations, services, or stations. The section also details the process for seeking HHSC approval before implementing certain changes.

Proposed new §507.17, Inactive Status, provides the requirements and procedures for a licensed facility to notify HHSC and request HHSC to place the facility’s license on inactive status when the facility ceases providing services. The section also clarifies how to request an extension for a facility license’s inactive status and specifies that a facility may only seek to have its license placed on inactive status once during each two-year licensing period.

Proposed new §507.18, Closure, provides the procedures a facility must follow when closing, including notifying HHSC in writing before or immediately upon a facility’s closure.

Proposed new §507.19, Time Periods for Processing and Issuing a License, provides the time periods and procedures for when HHSC processes and issues a license.

Proposed new §507.20, Fees, provides license fee requirements and adds a provision clarifying that if an application payment does not clear, HHSC will not process the application until the payment clears.

Proposed new §507.21, Exceptions to These Rules, details the process for requesting a temporary exception from a requirement in the chapter and clarifies that HHSC may conduct an inspection and consult with the medical review board before approving an exception. The section also provides the timeframe within which HHSC responds to an exception request and clarifies that granted exception requests are public information.

Proposed new §507.22, Exceptions During Emergency or Disaster Situations, specifies the requirements and protocols for a facility requesting a rule exception during an emergency or disaster. The section clarifies that HHSC may grant an exception in an emergency for a maximum 120 days with a single renewal period for an additional 120 days.

Proposed new §507.23, License Renewal During a Public Health Disaster, specifies that in certain public health disaster situations, a facility applying for a renewal license may request an exemption for the fire safety survey requirement by providing evidence to HHSC that the local fire authority is not performing fire inspections.

Proposed new §507.24, Use of Off-Site Facility During a Public Health Disaster, details the requirements and protocols for a facility seeking to use an off-site facility to train and dialyze patients during certain public health disaster situations.

Amending 26 TAC §§507.30 – 507.38, to set forth general equipment operational requirements, water treatment, and sanitary and hygienic condition standards.

CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS FOR EQUIPMENT, WATER TREATMENT AND REUSE, AND SANITARY AND HYGIENIC CONDITIONS
26 TAC §§507.30 – 507.38

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter C, Operational Requirements for Equipment, Water Treatment and Reuse, and Sanitary and Hygienic Conditions, contains §§507.30 – 507.38.

Proposed new §507.30, Technical Standards, lists the technical standards for ESRD facilities.

Proposed new §507.32, General, requires a facility to meet the operational requirements in Subchapter C and physical plant and construction requirement in Subchapter H of the proposed rules. The section details the responsibilities of a facility’s medical director and biomedical technical staff. The section also requires facility staff to inform the biotechnical staff and any other staff as required by facility policy before altering or adding a device to the water system.

Proposed new §507.33, Water Treatment, provides water treatment requirements. The section also requires a facility to use devices and systems in accordance with manufacturer instructions and single-patient devices to meet the Centers for Medicare and Medicaid Services (CMS) Conditions for Coverage and clarifies testing and breakdown protocols for automated chlorine monitoring systems.

Proposed new §507.34, Dialysate, provides dialysate requirements, including requiring a facility to use hemodialysis machines in accordance with manufacturer instructions for dialysate conductivity and pH testing and requiring calibration testing and testing logs for machines with internal independent conductivity and pH testing. The section also removes specific required results for bacteriological testing and instead refers to the Association for the Advancement of Medical Instrumentation standards for such testing. Additionally, the section specifies the circumstances under which a facility may add an additive to dialysate.

Proposed new §507.36, Infection Control, provides infection control requirements, including requiring handwashing with soap and water after three uses of waterless antiseptic hand rub and requiring facility staff to wear masks where applicable. The section also makes necessary updates to remove redundant information from the physical environment section, as this information is already included in Subchapter H of the proposed rules.

Proposed new §507.37, Environmental, provides general cleaning procedures, specific disinfection procedures for equipment and dialysis machines, and water and waste disposal requirements for facilities.

Proposed new §507.38, Disease Prevention, provides disease prevention requirements, including Hepatitis B prevention, tuberculosis prevention, and pneumococcal and influenza vaccine and policy requirements for facilities, staff, and patients. The section also details gown requirements for isolation areas and rooms.

Amending 26 TAC §§507.41 – 507.49, 507.51 – 507.60, to set forth the operational requirements for patient care and treatment.

CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER D. OPERATIONAL REQUIREMENTS FOR PATIENT CARE AND TREATMENT
26 TAC §§507.41 – 507.49, 507.51 – 507.60

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter D, Operational Requirements for Patient Care and Treatment, contains §§507.41 – 507.49 and 507.51 – 507.60.

Proposed new §507.41, Governing Body, provides the responsibilities of the governing body. This section also relocates the social worker responsibilities and maximum patient load information to new §507.51, Social Services.

Proposed new §507.44, Indicators of Quality of Care, removes outdated information requiring a facility to submit an annual report to the CMS and requires a facility to review its own data to identify opportunities to improve care for their patients. The section also details requirements for complaint resolution.

Proposed new §507.45, Patient Assessment and Plan of Care, provides patient plan of care requirements based on the patient’s interdisciplinary assessment and allows the interdisciplinary team conference to take place via audio-only telecommunications. The section also provides procedures for considering an involuntary discharge of a disruptive patient.

Proposed new §507.47, Medication Storage and Administration, provides medication storage and medication administration protocols for the facility and related medical staff. The section also details the requirements for saline drawing and preparation.

Proposed new §507.48, Nursing Services, provides requirements for nursing services provided by the facility, including nurse-to-patient ratios. The section also details the requirements for facility policies for allowing patients in the building without a registered nurse present when inclement weather or safety concerns exist, and for referring a patient to a nurse for evaluation.

Proposed new §507.49, Nutrition Services, requires facilities to provide nutrition services to a patient and the patient’s caregivers to maximize patient nutritional status. The section also clarifies and updates language, including the requirements for the maximum caseload of one full time equivalent dietitian.

Proposed new §507.51, Social Services, requires facilities to provide social services to a patient and their family to support and maximize the patient’s adjustment, social functioning, and rehabilitation. The section also clarifies and updates language, including the requirements for the maximum caseload of one full time equivalent qualified social worker.

Proposed new §507.52, Medical Services, details the requirements for the medical director, patient care under medical staff, medical staff visitation to patients receiving dialysis, physician extenders, and student clinical experiences and limitations.

Proposed new §507.53, Home Dialysis Service, details the requirements for facilities providing home dialysis services and clarifies staff levels for home dialysis patients, minimum training requirements for registered nurses, training of the patient and caregiver, and a facility’s responsibilities for monitoring water quality and dialysate systems.

Proposed new §507.54, Staff Qualifications, provides staff orientation, training, documentation, and policy requirements. The section also includes facility administrator, nursing staff, and biomedical technical staff requirements. Additionally, the section requires facilities to establish a nursing peer review committee in accordance with Texas Occupations Code Chapter 303.

Proposed new §507.55, Clinical Records, details the policy and procedure requirements for the facility’s clinical record system, the timeframe within which a facility’s physician must complete a comprehensive medical history and physical exam after the patient’s admission to the facility, and other clinical record requirements. This section requires a patient’s clinical record to include patient consent information, including documentation that the physician explained treatment information and a licensed registered nurse witnessed the patient signing the consent forms. The section also includes requirements for providing treatment to a transient patient.

Proposed new §507.56, Incident Reports, clarifies which incidents a facility must report to HHSC and when and how a facility must make the reports.

Proposed new §507.57, Nonconventional Dialysis, adds new requirements for facilities related to patient self-care, transitional care services, and integrated hemodialysis systems to accommodate industry changes and new technologies.

Proposed new §507.58, Staffing and Reporting Requirements During a Public Health Disaster, specifies the requirements and protocols for a currently licensed ESRD facility to request HHSC approval to temporarily adjust staffing ratios and requirements for nursing, nutrition, social services, and staffing levels of direct care staff based on documented staffing shortages during certain public health disaster situations. The section also allows for certain other changes during a public health disaster.

Proposed new §507.59, Medical Services and Home Dialysis During a Public Health Disaster, specifies the requirements and protocols for a currently licensed ESRD facility to use telemedicine for certain patient visits during certain public health disaster situations. This section also adds more flexibility for the timing of certain monitoring visits for home dialysis patients during certain public health disaster situations.

Proposed new §507.60, Staffing Table, updates and clarifies staffing ratios for ESRD facilities for nursing, direct care, and clinical staff.

Amending 26 TAC §§507.71 – 507.75, to define general requirements for dialysis technicians.

CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER E. REQUIREMENTS FOR DIALYSIS TECHNICIANS
26 TAC §§507.71 – 507.75

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter E, Requirements for Dialysis Technicians, contains §§507.71 – 507.75.

Proposed new §507.71, General Requirements, adds a requirement for a facility to have written physician standing orders authorizing delegation of responsibilities for a dialysis technician. The section also adds requirements for facilities allowing a dialysis technician, other than a licensed vocational nurse, to initiate or discontinue dialysis via a central venous catheter or manipulate a central venous catheter.

Proposed new §507.72, Training Curricula and Instructors, adds requirements for facilities allowing a dialysis technician, other than a licensed vocational nurse, to initiate or discontinue dialysis via a central venous catheter or manipulate a central venous catheter.

Proposed new §507.73, Competency Evaluation, adds a competency skills checklist for verifying a dialysis technician trainee’s knowledge and skills for initiating or discontinuing dialysis via a central venous catheter or manipulating a central venous catheter.

Proposed new §507.74, Documentation of Competency, updated the requirement for a facility to have a newly hired experienced dialysis technician complete a written test and competency checklist within 80 work hours after hire.

Proposed new §507.75, Prohibited Acts, prohibits dialysis technicians from engaging in certain acts. The updated proposed section also allows a dialysis technician to initiate or discontinue dialysis via a central catheter and manipulate a central catheter, which is prohibited by current 25 TAC §117.65.

Amending 26 TAC §§507.81 – 507.93, to define the process, requirements, and limitations of the HHSC inspection for an ERSD facility.

CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER F. INSPECTIONS, INVESTIGATIONS, AND ENFORCEMENT
26 TAC §§507.81 – 507.93

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter F, Inspections, Investigations and Enforcement, contains §§507.81 – 507.93.

Proposed new §507.81, Integrity of Inspections and Investigations, places limits on an ESRD facility’s authority to record HHSC interviews and internal discussions.

Proposed new §507.82, Inspections, describes the requirements of the HHSC inspection process for an ESRD facility.

Proposed new §507.83, Complaint Investigations, describes the requirements of the HHSC investigation process after receiving a complaint against an ESRD facility.

Proposed new §507.84, Notice, informs an ESRD facility of the required timeframes regarding responding to deficiencies, plans of correction, and the provision of additional evidence.

Proposed new §507.85, Professional Conduct, notifies an ESRD facility that HHSC will report enforcement actions to appropriate licensing authorities.

Proposed new §507.86, Complaint Against an HHSC Representative, informs an ESRD facility about registering a complaint against an HHSC representative.

Proposed new §507.87, Corrective Action Plan, informs an ESRD facility about corrective action plans and makes necessary updates to ensure consistency with the updated inspection and investigation procedures and compliance with current statute, which includes a level one, level two, and level three corrective action plan. Additionally, HHSC approves a monitor for a corrective action plan with requirements for both monitors and facilities.

Proposed new §507.90, Enforcement, describes enforcement procedures HHSC may take when an ESRD facility commits a violation of statute or rule.

Proposed new §507.91, Emergency Orders, allows HHSC to suspend a license issued if there is reasonable cause due to conduct that could create an immediate danger to public health and safety.

Amending 26 TAC §511.2, to define the term “facility.”

CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §511.2

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §511.2, concerning Definitions; and §511.12, concerning Application and Issuance of Initial License; and proposes new §511.79, concerning Workplace Violence Prevention.

BACKGROUND AND PURPOSE

The proposal is necessary to implement Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023. S.B. 240 added new Texas Health and Safety Code (THSC) Chapter 331 which requires certain facilities, including limited services rural hospitals, to establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan. THSC Chapter 331 also requires facilities to adopt, implement, and enforce a written workplace violence prevention policy and plan and to respond to workplace violence incidents.

The proposal requires a hospital to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital. The proposal specifies the required membership for the required committee and requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the hospital’s governing body. The proposal requires each hospital to make a copy of the hospital’s workplace violence prevention plan available to each hospital health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public. The proposal establishes minimum requirements for a hospital to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.

THSC §331.006 permits HHSC to take disciplinary action against a provider that violates THSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.

Additionally, HHSC is updating LSRH rules to add in a definition of the term “facility” to the chapter and to correct a cross reference for the qualified rural hospital definition.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §511.2, Definitions, defines the term “facility” throughout Chapter 511.

Amending 26 TAC §511.12, to correct a reference related to the qualified rural hospital definition.

CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER B. LICENSING REQUIREMENTS
26 TAC §511.12

OVERVIEW

BACKGROUND AND PURPOSE

THSC §331.006 permits HHSC to take disciplinary action against a provider that violates THSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.

Additionally, HHSC is updating LSRH rules to add in a definition of the term “facility” to the chapter and to correct a cross reference for the qualified rural hospital definition.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §511.12(a), Application and Issuance of Initial License, corrects a reference for the qualified rural hospital definition.

Amending 26 TAC §511.79, to define the requirements for the workplace violence prevention plan and membership requirements for an advisory committee.

CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §511.79

OVERVIEW

BACKGROUND AND PURPOSE

THSC §331.006 permits HHSC to take disciplinary action against a provider that violates THSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.

Additionally, HHSC is updating LSRH rules to add in a definition of the term “facility” to the chapter and to correct a cross reference for the qualified rural hospital definition.

SECTION-BY-SECTION SUMMARY

Proposed new §511.79, Workplace Violence Prevention, outlines the requirements for the workplace violence prevention plan; outlines membership requirements for an advisory committee; and establishes requirements for workplace violence prevention policy and plan.

Amending 26 TAC §745.117, to update figures and restore missing paragraphs in the table.

CHAPTER 745. LICENSING
SUBCHAPTER C. OPERATIONS THAT ARE EXEMPT FROM REGULATION
DIVISION 2. EXEMPTIONS FROM REGULATION
26 TAC §745.117

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §745.117, concerning Which programs of limited duration are exempt from Licensing regulation.

BACKGROUND AND PURPOSE

The purpose of this proposal is to update the figure in §745.117 to restore two missing paragraphs in the table. The paragraphs were inadvertently removed through a recent rulemaking regarding Population Requirements for Certain Exempt Programs, which became effective on March 10, 2025. The missing two paragraphs relate to Child Care Regulation exemptions and do not impact current permit holders. For any new programs that apply for permits that would meet the exemptions, the criteria are in Human Resources Code (HRC) §42.041(b)(4) and (22).

Amending 26 TAC §745.8301, to expand the definition of “kinship foster home”; remove language from the rule for consistency; update terms, and rename the section title.

CHAPTER 745. LICENSING
SUBCHAPTER J. WAIVERS AND VARIANCES FOR MINIMUM STANDARDS
26 TAC §745.8301

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §745.8301, concerning What words must I know to understand this subchapter?, in Title 26, Texas Administrative Code, Chapter 745, Licensing.

BACKGROUND AND PURPOSE

The purpose of this proposal is to implement House Bill (H.B.) 1, 88th Legislature, Regular Session, 2023, which requires Child Care Regulation (CCR) to collaborate with the Department of Family and Protective Services (DFPS) to develop and adopt a set of licensing and approval standards for kinship foster homes pursuant to the adoption of federal rules. The Administration for Children and Families amended 45 Code of Federal Regulations (CFR) Parts 1355 and 1356, with the amendments effective on November 27, 2023. The amendments allow CCR to adopt a set of licensing or approval standards for all kinship foster homes that (1) are different from the standards used for non-kinship foster homes, and (2) will allow a child-placing agency (CPA) to issue a foster home verification to a kinship foster home that meets the new standards.

CCR is proposing an amendment to §745.8301(3) to amend the definition of “kinship foster home” to be consistent with how the term is defined across CCR and DFPS rules.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §745.8301 (1) expands the definition of kinship foster home to include foster parents who have a longstanding and significant relationship with the foster child’s family; (2) removes language from the rule for consistency with language in DFPS rules and (3) replaces “Licensing” with “Child Care Regulation (CCR)”; and (4) renames the section to “Definitions for Subchapter J.”

Amending 26 TAC §749.2472, to delete an unnecessary rule.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER M. FOSTER HOMES: SCREENINGS AND VERIFICATIONS
DIVISION 3. VERIFICATION OF FOSTER HOME
26 TAC §749.2472

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §749.2472 and new §§749.4401, 749.4403, 749.4421, 749.4423, 749.4425, 749.4427, 749.4429, 749.4441, 749.4443, 749.4445, 479.4447, 479.4449, 749.4451, 749.4461, 749.4463, 749.4465, 749.4471, 749.4473, 749.4475, 749.4477, 749.4479, 749.4481, 749.4483, 749.4485, 749.4487, 749.4489, 749.4491, 749.4493, 749.4501, 749.4503, 749.4505, 749.4507, 749.4509, 749.4511, 749.4513, 749.4515, 749.4517, 749.4519, 749.4521, 749.4523, 749.4551, 749.4553, 749.4555, 749.4557, 749.4559, 749.4561, 749.4563, 749.4565, 749.4567, 749.4569, 749.4571, 749.4573, 749.4575, 749.4577, 749.4579, and 749.4581 in Texas Administrative Code, Title 26, Chapter 749, Minimum Standards for Child-Placing Agencies.

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §749.2472 deletes the rule as it is no longer necessary because the content of the rule has been modified and moved to new §749.4503(a)(2).

Amending 26 TAC §749.4401, §749.4403, to add a new subchapter to establish definitions and the scope of the regulations as applied to kinship homes.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER W. KINSHIP FOSTER HOMES
DIVISION 1. DEFINITIONS AND SCOPE
26 TAC §749.4401, §749.4403

OVERVIEW

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter W, Kinship Foster Homes, adds a new subchapter in Chapter 749 for rules related to kinship foster homes as listed below.

Proposed new Division 1, Definitions and Scope, in Subchapter W, (1) contains definitions for words and terms used in Subchapter W; and (2) establishes who is required to comply with the rules.

Proposed new §749.4401, Definitions for Subchapter W, provides terms and definitions that are used throughout the subchapter. The rule (1) includes definitions for the terms “affinity” and “consanguinity,” which are identical to the definitions found in Chapter 745, Licensing, Subchapter A, §745.21; and (2) adds definitions for “kinship caregiver,” “kinship foster child,” “kinship foster home,” “kinship foster home verification,” and “kinship foster parent.”

Proposed new §749.4403, Scope, establishes that a CPA must comply with the rules in new Subchapter W (1) before issuing a kinship foster home verification and (2) while the kinship foster home verification is in effect. It also identifies the other subchapters in Chapter 749 that apply to kinship foster homes. The rule clarifies that if a home is both a foster family home and a kinship foster home, the home may follow the rules in Subchapter W relating to the direct care of a kinship foster child, but the home must: (1) be verified as a kinship foster home; and (2) follow all other applicable rules in Chapter 749 for non-kinship foster children.

Amending 26 TAC §§749.4421, 749.4423, 749.4425, 749.4427, 749.4429, to define the regulations concerning the training requirements of kinship caregivers.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
DIVISION 2. PRE-VERIFICATION AND ONGOING TRAINING REQUIREMENTS
26 TAC §§749.4421, 749.4423, 749.4425, 749.4427, 749.4429

OVERVIEW

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

Proposed new Division 2, Pre-Verification and Ongoing Training Requirements, in Subchapter W, contains rules relating to training requirements for kinship caregivers.

Proposed new §749.4421, Documentation of Required Trainings, establishes documentation requirements for required trainings. The rule requires a CPA to document the completion of all required trainings and signed agreements. It also requires that certificates for pediatric first aid and pediatric cardiopulmonary resuscitation have an expiration date and be renewed prior to the expiration date. The rule clarifies that if a CPA requires a home to complete additional training, the documentation must include (1) the topics covered; (2) the curriculum used; and (3) how the CPA determined which training topics to use.

Proposed new §749.4423, Pre-Verification Training Requirements, establishes pre-verification training requirements. The rule requires each kinship caregiver to have pre-verification training that includes: (1) an overview of the minimum standards in Chapter 749 the kinship caregiver must follow; (2) the CPA’s philosophy, structure, policies, and services; (3) a review of the prudent parent standard; (4) a review of the agreements between the CPA and kinship foster parents; and (5) a review of the CCR Statement of Foster Parents and Child-Placing Agency Rights and Responsibilities.

Proposed new §749.4425, Pediatric Fist Aid and Pediatric Cardiopulmonary Resuscitation (CPR) Requirements, requires one kinship foster parent to be certified in pediatric first aid and pediatric CPR prior to the home’s verification. The rule allows subsequent caregivers to be certified within 90 days after the CPA issues the home’s verification. The rule clarifies that the training must (1) include rescue breathing and choking, and (2) adhere to guidelines for CPR established by the American Heart Association.

Proposed new §749.4427, General Training Requirements, establishes the general training requirements and timeframes for completion for kinship caregivers. The rule requires all kinship caregivers to complete four hours of general training and at least six hours of emergency behavior intervention training within 60 days after the CPA issues the home’s verification. If the home will care for children younger than two years of age, it also requires one kinship foster parent to complete safe sleep training prior to the CPA verifying the home; the rule additionally requires all other caregivers in the home to complete safe sleep training within 90 days after the verification. For all caregivers that administer psychotropic medication, the rule requires them to complete training on administering psychotropic medication prior to administering the medication. The rule specifies that general caregiver training must include specific curriculum requirements; however, for the other trainings, the CPA must determine the appropriate curriculum.

Proposed new §749.4429, Additional Training Requirements, establishes the additional training requirements for kinship caregivers. The rule requires the CPA to annually evaluate the kinship foster home for any areas of non-compliance with minimum standards. If the CPA identifies areas of non-compliance with minimum standards, the rule requires the CPA to provide all kinship caregivers in the home with additional training appropriate to the areas of non-compliance. The rule also requires the CPA to provide at least one hour of annual training to each kinship foster parent that provides care to a kinship foster child receiving treatment services for emotional disorders, intellectual disabilities, or autism spectrum disorder.

Amending 26 TAC §§749.4441, 749.4443, 749.4445, 749.4447, 749.4449, 749.4451, to define the rules governing the admission and placement of kinship foster children.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
DIVISION 3. ADMISSION AND PLACEMENT
26 TAC §§749.4441, 749.4443, 749.4445, 749.4447, 749.4449, 749.4451

OVERVIEW

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

Proposed new Division 3, Admission and Placement, in Subchapter W, contains rules related to the admission and placement of kinship foster children.

Proposed new §749.4441, Admission Criteria, establishes criteria for admitting a kinship foster child. The rule (1) allows for regular or emergency admissions; (2) requires the CPA to ensure the placement meets the kinship foster child’s needs; and (3) establishes situations when an individual over the age of 18 years old can remain in care or be admitted into the care of a kinship foster home.

Proposed new §749.4443, Documentation of Admission Information, specifies the admission information that a CPA must document into a kinship foster child’s record.

Proposed new §749.4445, Initial Requirements at the Time of Admission or Verification, establishes the initial admission requirements for a kinship foster child. The rule requires the CPA to obtain specific information about the child, including (1) the circumstances that brought the child into care; (2) the child’s current health status and medical conditions; (3) high-risk behaviors, including a suicide risk screening when applicable; (4) known contraindications to the use of restraint; and (5) any safety plans the kinship caregiver will implement related to the behaviors or risk factors.

Proposed new §749.4447, Placement Agreement, describes the general purpose of a placement agreement and specifies what the agreement must include.

Proposed new §749.4449, Admission Assessment, establishes requirements for the admission assessment. The rule describes functions for which the CPA must use information obtained during the assessment; timeframes for when the assessment must be completed; and what the assessment must include. For a child who is over three years of age, the rule also allows the CPA to use a written assessment of the child’s needs provided by DFPS in lieu of the admission assessment; this documentation is presently entitled the Child Assessment of Needs and Strengths (CANS).

Proposed new §749.4451, Post-Placement Contacts, establishes requirements for post-placement contacts with the kinship foster child. The rule requires the CPA to have monthly face-to-face contact with a kinship foster child. The rule establishes requirements for the length and content of the visits.

Amending 26 TAC §§749.4461, 749.4463, 749.4465, to define the rules related to the medical and dental requirements for kinship foster children.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
DIVISION 4. MEDICAL AND DENTAL REQUIREMENTS
26 TAC §§749.4461, 749.4463, 749.4465

OVERVIEW

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

Proposed new Division 4, Medical and Dental Requirements, in Subchapter W, contains rules related to medical and dental requirements for kinship foster children.

Proposed new §749.4461, Documentation Requirements for Medical and Dental Care, establishes documentation requirements related to medical and dental care. The rule specifies information the CPA must verify is documented in the kinship foster child’s health passport or record; information a kinship foster home must maintain in a daily medication log for the child on a form provided by the CPA; and documentation requirements when a kinship caregiver fails to administer any medication to the child according to the medication label or subsequent signed orders.

Proposed new §749.4463 General Medical, Dental, and Medication Requirements, establishes the general medical, dental, and medication requirements. The rule describes requirements for medical and dental care that a kinship foster child must receive and requires (1) a kinship foster child to receive timely routine and emergency medical and dental care; (2) the CPA to verify that a kinship foster child at least three years of age has had (A) a medical examination in the last year and (B) a dental examination in the last year; (3) all medications to be administered according to the label or to a prescriber’s subsequent signed orders; and (4) all medications to be stored securely and in a way that makes them inaccessible to kinship foster children.

Proposed new §749.4465, Immunization and Tuberculosis Testing, establishes requirements for immunizations and tuberculosis testing for kinship foster children.

Amending 26 TAC §§749.4471, 749.4473, 749.4475, 749.4477, 749.4479, 749.4481, 749.4483, 749.4485, 749.4487, 749.4489, 749.4491, 749.4493, to define the rules concerning the daily care, education, and discipline of kinship foster children.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
DIVISION 5. DAILY CARE, EDUCATION, AND DISCIPLINE
26 TAC §§749.4471, 749.4473, 749.4475, 749.4477, 749.4479, 749.4481, 749.4483, 749.4485, 749.4487, 749.4489, 749.4491, 749.4493

OVERVIEW

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

Proposed new Division 5, Daily Care, Education, and Discipline, in Subchapter W contains rules relating to the daily care, education, and discipline of kinship foster children.

Proposed new §749.4471, Normalcy, requires a kinship foster parent to ensure a kinship foster child can participate in childhood activities, including unsupervised activities, that are appropriate in relation to the child’s age and developmental needs.

Proposed new §749.4473, Infants: Basic Care and Supervision, establishes basic care and supervision requirements for infants in a kinship foster home. The rule establishes (1) that infants receive individual and prompt attention; (2) environmental requirements, including (A) keeping the area free of harmful objects, including diaper changing items, and (B) ensuring electrical outlets are inaccessible; and (3) that an infant may never be left unsupervised. The rule defines what is considered supervision for a sleeping infant, an awake infant, and further establishes supervision requirements.

Proposed new §749.4475, Infants: Cribs, establishes crib requirements for infants. The rule (1) requires a kinship foster home to have an individual crib that meets certain requirements for an infant; (2) clarifies when the home may use a full-sized, portable, or mesh-side crib; (3) prohibits (A) using a stackable crib for an infant and (B) leaving an infant in a crib portable crib, or mesh-side crib with a side folded down; (4) clarifies that special items may be used to assist with safe sleep in a crib used by an infant with primary medical needs with the written recommendation from a health care professional; and (5) requires the CPA to notify the parent of each child in care of each foster home verified by the CPA if specific rules in this section are cited as deficient.

Proposed new §749.4477, Infants: Safe Sleep Requirements, establishes safe sleep requirements for infants. The rule requires kinship caregivers to (1) place an infant who is unable to turn over unassisted in a face up sleeping position unless they have signed orders from a health care professional; (2) ensure the infant’s head, face, and crib are not covered by any item; (3) ensure the infant does not (A) co-sleep with an adult or (B) sleep in a restrictive device, such as a car seat, swing, or highchair; and (4) ensure infants who can roll over are not swaddled. The rule requires the CPA to notify the parent of each child in care of each foster home verified by the CPA if specific rules in this section are cited as deficient.

Proposed new §749.4479, Infants: Equipment Safety, establishes equipment safety requirements for infants.

Proposed new §749.4481, Infants: Feeding Requirements, establishes feeding requirements for infants. The rule requires kinship caregivers to (1) feed an infant based on the recommendations of the infant’s health-care professional; (2) hold infants birth through six months old or unable to sit unassisted while feeding; (3) never prop a bottle with anything other than the infant’s or adult’s hands; and (4) sterilize shared bottles and clean highchair trays before each use when caring for more than one infant.

Proposed new §749.4483, Toddlers: Basic Care Requirements, establishes basic care requirements for toddlers. The rule includes (1) environmental requirements, including (A) keeping the area free of harmful objects, and (B) ensuring electrical outlets are inaccessible; and (2) supervision requirements, including (A) never leaving a toddler unsupervised, and (B) ensuring the toddler is within eyesight or hearing range. The rule allows for the use of video camera or audio monitoring if the kinship caregiver is close enough to intervene as needed.

Proposed new §749.4485, Additional Requirements for Pregnant Kinship Foster Children, establishes additional requirements for pregnant kinship foster children. The rule requires the CPA to ensure information, training, and counseling is available to the kinship foster child.

Proposed new §749.4487, Additional Requirements for Kinship Foster Children Receiving Treatment Services for Primary Medical Needs or Intellectual Disabilities, establishes additional requirements for kinship foster children receiving treatment services for primary medical needs or intellectual disabilities. The rule requires kinship caregivers to (1) follow recommendations from the kinship foster child’s medical providers; and (2) ensure that a kinship foster child receiving treatment services for primary medical needs or an intellectual disability has opportunities for sensory stimulation.

Proposed new §749.4489, Educational Services: General, establishes general educational requirements for kinship foster children. The rule requires the CPA to arrange appropriate education that includes an approved or accredited educational facility or program, and to advocate for a kinship foster child to receive educational and related services to which they are entitled under federal and state law. The rule establishes specific requirements for kinship foster children with autism spectrum disorder. The rule also requires the CPA to designate a liaison between the agency and the school for a kinship foster child who receives treatment services.

Proposed new §749.4491, Education Services: Caregiver Responsibilities, establishes kinship caregiver responsibilities related to education. The rule requires kinship caregivers to (1) request educational meetings with the school if concerns are identified; (2) attend scheduled educational meetings and staffings; and (3) know what is in the kinship foster child’s Individual Education Plan.

Proposed new §749.4493, Discipline and Punishment, establishes discipline and punishment requirements in a kinship foster home. The rule requires (1) only a kinship caregiver known to a kinship foster child can discipline the child; and (2) all disciplinary measures be consistent with child’s rights related to discipline and punishment.

Amending 26 TAC §§749.4501, 749.4503, 749.4505, 749.4507, 749.4509, 749.4511, 749.4513, 749.4515, 749.4517, 749.4519, 749.4521, 749.4523, to set forth the requirements of kinship home screenings and the verification of kinship foster homes.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
DIVISION 6. SCREENINGS AND VERIFICATIONS
26 TAC §§749.4501, 749.4503, 749.4505, 749.4507, 749.4509, 749.4511, 749.4513, 749.4515, 749.4517, 749.4519, 749.4521, 749.4523

OVERVIEW

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

Proposed new Division 6, Screenings and Verifications, in Subchapter W contains rules relating to the requirements for kinship home screenings and the verification of kinship foster homes.

Proposed new §749.4501, General Requirements, establishes the general requirements for a kinship foster home verification. The rule (1) requires kinship parents to be at least 18 years old; (2) establishes circumstances when a CPA can verify an individual spouse as a kinship foster parent; and (3) prohibits a kinship foster home from being verified by more than one CPA at a time for kinship foster care services.

Proposed new §749.4503, Kinship Foster Home Screenings, establishes the steps that a CPA takes to complete a home screening for a kinship foster home. The rule clarifies that the CPA (1) may (A) complete the home screening as detailed in the rule, or (B) use a completed home assessment obtained from the Department of Family and Protective Services (DFPS) or Single Source Continuum Contractor (SSCC) that meets the requirements of the Subchapter W, Division 5; and (2) must update a kinship foster home screening any time there is a major life change. The rule describes the specific categories of information that the CPA must discuss, document, and assess through interviews with each prospective kinship foster parent and joint interviews. The rule also requires a CPA to report to CCR any information obtained about domestic violence.

Proposed new §749.4505, Verifying a Kinship Foster Home, establishes steps the CPA takes to complete a kinship foster home verification. The rule requires the CPA to (1) complete and document requirements of Subchapter W, Division 5; (2) obtain a sketch or photo of the inside and outside of the home; (3) inspect the home and ensure and document compliance with applicable rules relating to Daily Care, Education, and Discipline, and Health and Safety Requirements, Environment, Space, and Equipment; (4) evaluate and make recommendations about the home’s ability to keep children safe; (5) document (A) any indicators of substantial safety risk to children based on the evaluation of the home and (B) how the CPA addressed them prior to approving and verifying the home; (6) obtain from the child placement management staff (CPMS) (A) review and approval of the home screening and (B) recommendation for verification of the home; and (7) issue a verification certificate that includes (A) the name of the kinship foster family, (B) capacity details, and (C) services the kinship foster home provides.

Proposed new §749.4507, Previously Verified Kinship Foster Homes, establishes requirements for working with kinship foster homes that were previously verified by or transferring from another CPA.

Proposed new §749.4509, Releasing Information About a Previously Verified Kinship Foster Home, establishes requirements for releasing information about a previously verified kinship foster home. The rule requires a CPA to release background information about current and previous kinship foster homes to other CPAs and independent contractors who are hired or required by the court.

Proposed new §749.4511, Changes to the Verification Status of a Kinship Foster Home, establishes requirements for changing the verification status of a kinship foster home. The rule (1) describes changes a CPA must inform CCR about within two business days; (2) requires that child placement management staff ensure that any additional services offered by a kinship foster home do not create a conflict of care with children currently in the home; and (3) includes requirements for when a kinship foster home adds a new, unrelated household member.

Proposed new §749.4513, Transferring or Closing a Kinship Foster Home, establishes the criteria for a transfer or closing summary for a kinship foster home, including what the summary must include and timeframes for their completion.

Proposed new §749.4515, Temporary Kinship Foster Home Verifications, establishes criteria for issuing a temporary kinship foster home verification, including inspection requirements, that the temporary verification can be valid for a maximum of six months, and that the CPA must ensure compliance with requirements in subchapter W before issuing a non-expiring kinship foster home verification to the home at the new location.

Proposed new §749.4517, Capacity and Child/Caregiver Ratio, establishes capacity and child/caregiver ratio for a kinship foster home.

Proposed new §749.4519, Supervision, establishes supervision requirements at a kinship foster home. The rule addresses what the CPA must ensure that the supervision of a kinship foster child accounts for; describes the responsibilities of a kinship caregiver; and information that a kinship caregiver must have when a kinship foster child participates in an unsupervised childhood activity.

Proposed new §749.4521, Kinship Foster Children as Babysitters, establishes requirements for when a kinship foster child may act as a babysitter.

Proposed new §749.4523, Respite Child-Care Services, establishes that a kinship foster home may only provide respite care services for kinship foster children. The rule requires the CPMS to (1) approve of any respite placement to ensure the respite care will not cause a conflict of care; and (2) ensure information is shared about kinship foster children for continuity of care.

Amending 26 TAC §§749.4551, 749.4553, 749.4555, 749.4557, 749.4559, 749.4561, 749.4563, 749.4565, 749.4567, 749.4569, 749.4571, 749.4573, 749.4575, 749.4577, 749.4579, 749.4581, to set dictate the rules related to health and safety, environment, space, and equipment in kinship foster homes.

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
DIVISION 7. HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE, AND EQUIPMENT
26 TAC §§749.4551, 749.4553, 749.4555, 749.4557, 749.4559, 749.4561, 749.4563, 749.4565, 749.4567, 749.4569, 749.4571, 749.4573, 749.4575, 749.4577, 749.4579, 749.4581

OVERVIEW

BACKGROUND AND PURPOSE

CCR is proposing the repeal of §749.2472 and new rules, in new Subchapter W of Chapter 749, to establish a CPA’s ability to issue a non-expiring foster home verification to a kinship foster home.

SECTION-BY-SECTION SUMMARY

Proposed new Division 7, Health and Safety Requirements, Environment, Space, and Equipment, in Subchapter W, contains rules relating to health and safety, environment, space, and equipment in kinship foster homes.

Proposed new §749.4551, Documentation of Health and Safety Requirements, establishes what a CPA must document in a kinship foster home’s record related to health and safety requirements.

Proposed new §749.4553, Health and Fire Inspections, establishes requirements for health and fire inspections or evaluations at a kinship foster home. The rule describes who must conduct each type of inspection or evaluation and requires a home to correct deficiencies and comply with any conditions or restrictions.

Proposed new §749.4555, Emergency Plans, establishes requirements for a written plan that a kinship foster home must have for handling potential disasters and emergencies, including fire and severe weather. The rule requires the CPA that verified the home to annually review and evaluate the plan with all kinship caregivers and kinship foster children in the home. The rule allows the CPA to develop the plan or to obtain a copy of the plan the kinship foster family developed with DFPS or the relevant Single Source Continuum Contractor.

Proposed new §749.4557, Fire Safety, establishes fire safety requirements. The rule includes the places in a kinship foster home where there must be a working smoke detector; a requirement for the home to have at least one non-expired and operational fire extinguisher that is accessible in an emergency; and that the home must ensure that exits to the home are not blocked.

Proposed new §749.4559, Animals, requires that any animals in a kinship foster home do not pose a health or safety threat to kinship foster children.

Proposed new §749.4561, Weapons, Firearms, Explosive Materials, and Projectiles at a Kinship Foster Home, establishes requirements related to weapons, firearms, explosive materials, and projectiles at a kinship foster home. The rule requires a CPA to have a policy identifying specific precautions to ensure that a kinship foster child does not have unsupervised access to these items; requires a kinship foster home to notify the CPA of a change in the type of one of these items in the home; requires the CPA to determine whether it is appropriate for a specific kinship foster child to use a toy that explodes or shoots; and exempts a firearm that is inoperable and solely ornamental from storage requirements.

Proposed new §749.4563, Storage of Weapons, Firearms, Explosive Materials, or Projectiles in a Kinship Foster Home, establishes what factors the CPA must consider when determining if a weapon, firearm, explosive material, or projectile is stored adequately in a kinship foster home.

Proposed new §749.4565, Determining Weapons, Firearms, Explosive Materials, or Projectiles are Present in a Kinship Foster Home, establishes how a CPA determines if weapons, firearms, explosive materials, and projectiles are present at a kinship foster home. The rule requires the CPA to assess this information during the home screening and document (1) the items present in the home; and (2) specific precautions the kinship caregiver must take to ensure that the kinship foster children do not have unsupervised access. The rule further requires the CPA to discuss these items with the kinship foster home during the two-year evaluation.

Proposed new §749.4567, Transporting a Kinship Foster Child in a Vehicle Where Firearms, Explosive Materials, or Projectiles are Present, establishes requirements for transporting a kinship foster child in a vehicle where firearms, explosive materials, or projectiles are present. Due to the statutory requirements in Texas Human Resources Code §42.042(e-2), the rule addresses requirements related to transporting a child in a vehicle where a handgun is present separately from requirements related to transporting a child in a vehicle where another type of firearm or an explosive material or projectile is present.

Proposed new §749.4569, Physical Environment of a Kinship Foster Home, establishes requirements related to the safety of indoor and outdoor space and equipment. The rule requires the home to ensure that indoor and outdoor space and equipment do not pose a safety risk to kinship foster children. The rule also includes supervision requirements to prevent a kinship foster child from having access to space or equipment, if necessary, based on the child’s age, maturity, and service plan restrictions.

Proposed new §749.4571, Indoor Space: Sleeping Spaces and Sleeping Surfaces, establishes requirements related to sleeping spaces and surfaces used by a kinship foster child, as well as what CPMS must determine and document before approving a kinship foster child to share a sleeping space or surface with another individual.

Proposed new §749.4573, Indoor Space: Bathrooms, describes bathroom requirements for a kinship foster home.

Proposed new §749.4575, Nutrition and Food Safety, establishes requirements for food and food safety at a kinship foster home, including that (1) kinship caregivers provide kinship foster children with drinking water and food that is served in a safe and sanitary manner; and (2) all food items are stored in a manner that protects them from contamination, spoiling, and insects and rodents.

Proposed new §749.4577, Transportation, establishes requirements for transporting a kinship foster child. The rule requires (1) kinship caregivers to secure safe and reliable transportation; (2) special provisions to be made for transporting non-ambulatory and non-mobile children; and (3) each kinship foster child to be secured in a safety seat or safety belt appropriate to their age, height, and weight.

Proposed new §749.4579, Water Safety: Pools, Hot Tubs, and Bodies of Water, establishes general water safety rules. The rule includes requirements related to a door alarm or lock; the bottom of a pool having to be visible; and swimming pool chemicals and machinery being inaccessible to kinship foster children.

Proposed new §749.4581, Swimming Supervision, establishes supervision requirements for swimming activities. The rule requires kinship caregivers to (1) inform each kinship foster child about house rules related to water activities; (2) adequately supervise and monitor kinship foster children while participating in water activities; (3) ensure that a kinship foster child has access to a lifesaving device when participating in water activities; and (4) be able to clearly see all parts of the swimming pool or hot tub while supervising. The rule defines “personal floatation device” (PFD) and requires a kinship foster child who is unable to swim to wear a PFD of the correct size for the child while participating in water activities.

Transferred Rules Re:

Transferring DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter K to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, Subchapter D.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. Certain DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter K, Abuse, Neglect, and Exploitation in TDMHMR Facilities, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, State Facility Requirements to Enhance the Safety of Individuals Receiving Services, Subchapter D, Abuse, Neglect, and Exploitation at State Hospitals.

Proposed Rule Reviews Re:

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Contracting to Provide Emergency Response Services.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 279, Contracting to Provide Emergency Response Services

In Addition Re:

Public Notice: Texas State Plan for Medical Assistance Amendment effective June 7, 2025

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments will be effective June 7, 2025.

Texas Animal Health Commission

Proposed Rules Re:

Amending 4 TAC §32.3, to eliminate reference to the CWD Herd Certification Program, adjust numbering, and improve clarity.

CHAPTER 32. HEARING AND APPEAL PROCEDURES
4 TAC §32.3

OVERVIEW

The Texas Animal Health Commission (Commission) proposes amendments to §32.3, concerning Appeal of Other Orders and Decisions in the Texas Administrative Code, Title 4, Part 2, Chapter 32.

BACKGROUND AND PURPOSE

Section 32.3 sets forth procedures for appeals of varies orders and decisions of the Commission. The Commission proposes amendments to this section to remove language referencing appeals of orders and decisions concerning the CWD Herd Certification Program. A repeal of the CWD Herd Certification Program found in Chapter 40, concerning Chronic Wasting Disease, is filed concurrently with the proposed amendments to §32.3.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §32.3 will eliminate references to the CWD Herd Certification Program, adjust numbering, and add “relating to” statements for clarification.

Amending 4 TAC §§40.1, 40.2, 40.5, 40.7, to modify and eliminate definitions; reduce surveillance testing requirements; adjust numbering; make minor grammatical changes; and make other updates to language for consistency within the rule.

CHAPTER 40. CHRONIC WASTING DISEASE
4 TAC §§40.1, 40.2, 40.5, 40.7

OVERVIEW

The Texas Animal Health Commission proposes changes to Chapter 40 of the Texas Administrative Code, including amendments to §§40.1, 40.2, 40.5, and 40.7; and the repeal of §40.3 and §40.6.

BACKGROUND AND PURPOSE

Chronic Wasting Disease (CWD) is a degenerative and fatal neurological communicable disease recognized by the veterinary profession that affects susceptible cervid species. CWD can spread through natural movements of infected animals and transportation of live infected animals or carcass parts. Specifically, prions are shed from infected animals in saliva, urine, blood, soft-antler material, feces, or from animal decomposition, which ultimately contaminates the environment in which CWD susceptible species live. CWD has a long incubation period, so animals infected with CWD may not exhibit clinical signs of the disease for months or years after infection. The disease can be passed through contaminated environmental conditions and may persist for a long period of time. Currently, no vaccine or treatment for CWD exists.

The CWD Herd Certification Program (HCP) is a voluntary, cooperative surveillance and certification program between the Commission, United States Department of Agriculture, herd owners, and other affected parties. Participating herds that meet program requirements and have no evidence of CWD advance in status each year for five years, to receive a certified status. Certified herd status permits interstate animal movement to some states. Participating in HCP is not required to keep CWD susceptible species captive in Texas or to buy, sell, or transfer animals within Texas.

The United States Department of Agriculture publishes Chronic Wasting Disease Program Standards (“federal standards”) to clarify and update acceptable methods for complying with the legal requirements in Title 9 of the Code of Federal Regulations Parts 55 and 81.

Federal standards not only specify the minimum requirements for participants to achieve certified status but require participating states to maintain state-wide standards for CWD diagnostic testing, epidemiological traces, and herd plans that must be enforced against all CWD susceptible animals. To be an approved state, Texas is required to follow the requirements of the federal standards.

Because of Texas’s participation in HCP, Commission regulations were adopted to meet the requirements of federal standards. Current rules require Commission staff to perform five-year epidemiological traces for every confirmed case of CWD in a captive herd. Under current rules, movement is restricted by a hold order or quarantine order during the epidemiological investigations of the trace until TAHC can determine the extent of the herd’s exposure to CWD and how to limit additional spread. To remove the quarantine from a positive facility or clear an epidemiological trace, a herd must enter a herd plan that meets the requirements of federal standards and commonly involves depopulation followed by a five-year quarantine.

Participation in this program has decreased significantly. In 2021, approximately 375 herds were enrolled in the program. Presently, there are 79 enrolled herds in good standing.

The Commission received feedback from herd managers and owners that the requirements for CWD quarantines and herd plans are overly restrictive, negatively impact land values, and cause unrecoverable losses to business operations.

The Commission finds that the repeal of the program would allow the Commission to amend current rules to eliminate the burdens caused by HCP.

Along with the repeal of the HCP program, the Commission proposes amendments that will eliminate the requirement that the Commission herd plans and epidemiological traces be set at a minimum of 5 years. The proposed rule amendments are designed to allow epidemiological staff to assess a herd on a case-by-case basis.

SECTION-BY-SECTION SUMMARY

The proposed amendments to §40.1 eliminate the definitions for APHIS, Certified Herd, Farmed or Captive Cervids, High-risk Area or County, and TAHC Authorized Veterinarian; modify the definitions for Commingled, Commingling, CWD-Exposed Animal, CWD-Suspect Herd, CWD-Trace Herd, Herd Plan, and Official CWD Test; adjusts numbering; and make minor grammatical changes.

The proposed amendments to §40.2, concerning General Requirements, change the procedures for issuing hold orders and quarantine, making hold orders and quarantines optional rather than mandatory. The amendments also remove references to USDA and eliminate the federal standards for dispositions of CWD positive and trace herds.

The proposed amendments to §40.5, concerning Surveillance and Movement Requirements for Exotic CWD Susceptible Species, reduces the surveillance testing requirement from 100% of mortalities to three valid tests each year.

The proposed amendments to §40.7, concerning Executive Director Declaration of CWD Movement Restriction Zone, update language for consistency within the rule.

Amending 4 TAC §40.3, §40.6, to repeal existing HCP regulations and eliminate the established containment and surveillance zones.

CHAPTER 40. CHRONIC WASTING DISEASE
4 TAC §40.3, §40.6

OVERVIEW

The Texas Animal Health Commission proposes changes to Chapter 40 of the Texas Administrative Code, including amendments to §§40.1, 40.2, 40.5, and 40.7; and the repeal of §40.3 and §40.6.

BACKGROUND AND PURPOSE

Participation in this program has decreased significantly. In 2021, approximately 375 herds were enrolled in the program. Presently, there are 79 enrolled herds in good standing.

The Commission finds that the repeal of the program would allow the Commission to amend current rules to eliminate the burdens caused by HCP.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §40.3 will eliminate the rules regulating HCP.

The proposed repeal of §40.6 will eliminate the established containment and surveillance zones and remove the regulations regarding movement restriction zones.

Amending 4 TAC §51.9, §51.10, to clarify the identification requirements for ratites entering Texas and simplify requirements for exotic fowl moving between AZA accredited facilities, as well as update language used in entry requirements for Cervidae.

CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.9, §51.10

OVERVIEW

The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 51 titled “Entry Requirements.” Specifically, the Commission proposes amendments to §51.9 regarding Exotic Livestock and Fowl, and §51.10 regarding Cervidae.

BACKGROUND AND PURPOSE

The Commission is tasked with creating and enforcing entry requirements for livestock, fowl, exotic livestock, and exotic fowl. The Commission proposes amendments to the entry requirements governing ratites and exotic fowl moving between Association of Zoos and Aquariums (AZA) facilities.

The proposed amendments to §51.9 seek to clarify that one of three forms of accepted identification is needed for ratites entering Texas. The amendments also provide simplified requirements for exotic fowl, excluding ratites, moving between AZA accredited facilities. The proposed amendments allow for movement to and from accredited facilities without testing for pullorum-typhoid and avian influenza and without entry permitting, provided there is no commingling. This amendment is made because the risk posed by these movements is low. The AZA has rigorous accreditation requirements, transfers between accredited facilities are closely tracked, accredited facilities operate in relatively closed environments, and animals in accredited facilities receive comprehensive care.

The proposed amendments also update the language found in §51.10 concerning movement of cervids from AZA accredited facilities. The language previously referenced the “American Zoo and Aquarium Association (AZAA).” However, the organization has since changed its name. The amendments reflect the name change.

SECTION-BY-SECTION DISCUSSION

Section 51.9 includes entry requirements for exotic livestock and fowl. The proposed amendments clarify the identification requirements for ratites entering Texas and create simplified requirements for exotic fowl (other than ratites) moving between AZA accredited facilities.

Section 51.10 includes entry requirements for Cervidae. The proposed amendments update language to reflect the name change of the American Zoo and Aquarium Association to Association of Zoos and Aquariums.

Proposed Rule Reviews Re:

Reviewing Title 4, Part 2, to consider for readoption, revision, or repeal of the chapter concerning Chronic Wasting Disease.

Chapter 40, Chronic Wasting Disease

Texas Department of Licensing and Regulation

Proposed Rules Re:

Amending 16 TAC §111.2, to add, amend, and repeal certain definitions to replace the names of the specific supervision forms with the general terms “intern supervision plan” and “assistant supervision plan.”

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §111.2

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter D, §111.30 and §111.35; Subchapter E, §§111.40 – 111.42, 111.45, and 111.47; Subchapter F, §§111.51, 111.52, and 111.55; Subchapter H, §111.70; Subchapter I, §§111.80 – 111.82, 111.85, and 111.87; Subchapter J, §§111.90 – 111.92, and 111.95; Subchapter L, §111.115; Subchapter P, §111.150 and §111.154; and Subchapter Q, §111.160; the repeal of existing rules at Subchapter C, §111.22; Subchapter F, §111.50, and Subchapter H, §111.75; and new rules at Subchapter F, §111.50 and Subchapter H, §111.75, regarding the Speech Language Pathologists and Audiologists program. These proposed changes are referred to as “proposed rules.”

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.

The proposed rules update requirements for all speech-language pathology and audiology license types, including changes relating to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals. The proposed rules are necessary to implement changes recommended by Department staff during the required four-year rule review and changes recommended by the Licensing Workgroup of the Speech Language Pathologist and Audiologist Advisory Board.

Four-Year Rule Review Changes

The proposed rules include changes as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department conducted the required review of Chapter 111, and the Commission readopted the rule chapter in its entirety in its current form. (Proposed Rule Review, 45 TexReg 7281, October 9, 2020. Adopted Rule Review, 46 TexReg 2050, March 26, 2021).

In response to the published Notice of Intent to Review, the Department received multiple public comments from interested parties. Two of those comments related to the rules included in this rules package. (The other public comments have already been addressed in previous separate rulemakings.) One comment suggested adding a licensing exam for speech-language pathology assistants, and the other comment suggested that the requirements for speech-language pathologist assistants are excessive compared to the requirements for physical therapy assistants and certified occupational therapy assistants. The proposed rules do not include any changes made in response to these comments.

The proposed rules include recommendations made by the Department staff during the four-year rule review process to correct and update citations and cross-references, to improve accuracy, readability, and consistency of the rule text, and to implement substantive changes related to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals.

The proposed rules also include recommendations made by the Licensing Workgroup of the Speech Language Pathologist and Audiologist Advisory Board during the four-year rule review process that implement substantive changes related to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Speech-Language Pathologists and Audiologists Advisory Board at its meeting on April 29, 2025. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

Subchapter A. General Provisions.

The proposed rules amend §111.2, Definitions. The proposed rules add definitions for “ABA Certification,” “ASHA CCC,” and “Assistant supervision plan”; amend the definition of “Intern in audiology” and amend the terminology for “Intern supervision plan”; repeal the definitions for “Extended absence” and “Supervisory Responsibility Statement (SRS) Form”; and renumber the terms in this section as needed. The proposed rules in this section are part of a larger effort in this rules package to replace the names of the specific supervision forms with the general terms “intern supervision plan” and “assistant supervision plan.”

Amending 16 TAC §111.22, to repeal the Waiver of Written Examination Requirement and the insurance of a license to an applicant who holds either an ASHA Certificate of Clinical Competence or the American Board of Audiology Certification.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER C. EXAMINATIONS
16 TAC §111.22

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter C. Examinations

The proposed rules repeal §111.22, Waiver of Written Examination Requirement. The proposed rules repeal this separate rule regarding the waiver of the written examination requirement and the issuance of a license to an applicant who holds the ASHA Certificate of Clinical Competence (ASHA CCC) or the American Board of Audiology (ABA) Certification. The waiver of the written examination requirement is already addressed with the waiver of the clinical experience requirement in the existing rules for the Speech-Language Pathology license under §111.35 and for the Audiology license under §111.75. Those provisions are being updated in this rules package.

Amending 16 TAC §111.30, §111.35, to set forth the requirements for a Speech Language Pathology License.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER D. REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE
16 TAC §111.30, §111.35

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter D. Requirements for Speech Language Pathology License.

The proposed rules amend §111.30, Speech-Language Pathology License–Licensing Requirements. The proposed rules amend subsection (a) to comply with plain language principles. The proposed rules amend subsection (b)(1) to remove the requirement of original or certified copies of transcripts of the applicant’s conferred master’s degree; amend subsection (b)(4) to clarify that an applicant who possesses a master’s degree in audiology may apply for a speech-language pathology license only if the degree is from a college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education; and amend subsections (b)(5) and (b)(6) to reduce form requirements and add clarifying language. The proposed rules amend subsection (c) to comply with plain language principles. The proposed rules amend subsection (d) by adding clarifying language and an additional option for applicants who have completed ASHA-approved clinical fellowship requirements; remove existing subsection (d)(1) and its requirement that individual applicants are licensed under §111.41 prior to the beginning of the internship; and relocate the existing subsection (d)(2) proof requirements for individuals who completed an internship in another state, to new §111.35(c). The proposed rules amend subsection (e) to comply with plain language principles.

The proposed rules amend §111.35, Speech-Language Pathology License–Application and Eligibility Requirements. The proposed rules update subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules relocate the application requirements for persons who hold the ASHA CCC under subsection (d) to new subsection (b); expand the application requirements to include persons who have held the ASHA CCC in the past; provide that the ASHA CCC demonstrates that the applicant has met the education, experience, and written examination requirements; and update and clarify the necessary documentation to be submitted by applicants who hold or have held the ASHA CCC. The proposed rules amend relabeled subsection (c) (former subsection (b)) to update and clarify the necessary documentation for applicants who have never held the ASHA CCC. The proposed rules repeal former subsection (d), regarding persons holding the ASHA CCC and the waiver of the clinical experience and examination requirements. The requirements under former subsection (d) have been updated and relocated to new subsection (b). The proposed rules update the cross-references in subsection (e).

Amending 16 TAC §§111.40 – 111.42, 111.45, 111.47, to define the requirements for an Intern in Speech-Language Pathology License.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER E. REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE
16 TAC §§111.40 – 111.42, 111.45, 111.47

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter E. Requirements for Intern in Speech Language Pathology License.

The proposed rules amend §111.40, Intern in Speech-Language Pathology License–Licensing Requirements–Education and Clinical Work. The proposed rules amend subsection (b) to clarify programs in candidacy status are considered accredited; reduce the form requirements of subsection (b)(1) by repealing the requirement of original or certified copies of transcripts of the applicant’s conferred master’s degree; amend subsection (b)(4) to require an applicant program to be accredited by a national accrediting organization approved by the Department and recognized by the US Secretary of Education under the Higher Education Act of 1965 and remove language referencing repealed academic and clinical experience requirements; and amend subsections (b)(5) and (b)(6) by reducing form requirements and adding clarifying language. The proposed rules amend subsection (d) to specify that if coursework and clinical experience were earned more than ten years ago, then proof of current knowledge of speech-language pathology may include completing ten hours of CE in the last year, holding a current license in another state, or taking the written examination. The proposed rules amend subsection (e) to clarify that if an applicant whose degree was not officially conferred has completed all education and clinical requirements, then the applicant may be licensed as an intern if the degree was completed at a college or university accredited by the ASHA Council on Academic Accreditation. The proposed rules amend subsection (f) to clarify that a person who completes all education and clinical requirements at a foreign or unaccredited college or university must wait for the official conferment of a master’s degree and to repeal automatic approval upon verification.

The proposed rules amend §111.41, Intern in Speech-Language Pathology License–Internship and Supervision Requirements. The proposed rules update subsection (c) by repealing the Intern Plan and Agreement of Supervision Form and requiring an intern to complete supervised professional experience under an intern supervision plan and submit the plan in a form and manner approved by the Department. The proposed rules update subsections (c)(1) through (c)(6) to clarify intern supervision requirements and to require all relevant information to be submitted in a form and manner approved by the Department. The proposed rules update subsection (d)(3) to clarify that professional experience of less than five hours per week must be completed under an approved supervisor but cannot be used to meet the 36-week minimum or be added to the 1,260-hour requirement. The proposed rules update subsection (d)(5) to repeal the option for Department approved alternative plans for dividing thirty-six clock hours of supervisory activities into three segments. The proposed rules amend subsection (e) to remove the internship extension request process and to provide that only hours earned under Texas-licensed supervisors count towards the 36 week, 1,260-hour minimums internship requirements. The proposed rules amend subsection (f) to increase the formal evaluation record retention requirement for both intern and supervisor from three to four years. The proposed rules update subsection (g)(1) to require supervisors to submit a report within 30 days in a prescribed format and follow Departmental guidelines that detail their supervision hours and weeks; update subsection (g)(2) to require supervisors to determine if an intern’s hours and weeks are acceptable, and if so, submit an affirmation of their acceptability in a form and manner approved by the Department; update subsection (g)(3) to provide the requirements for a written justification when a supervisor determines that the hours completed under the supervisor’s supervision are not acceptable; update subsection (g)(4) to require that if no hours were earned, the intern or supervisor must submit a statement to the Department within 30 days of the end of supervision.

The proposed rules amend §111.42, Intern in Speech-Language Pathology License–Practice and Duties of Interns. The proposed rules amend subsection (a) to clarify a licensed intern must obtain supervised professional experience under a licensed speech-language pathologist approved by the Department. The proposed rules amend subsection (e) to add a requirement for an intern who passed the examination referenced in §111.21 and wishes to continue practicing after completing the internship specified in §111.41(d) to apply for a speech-language pathology license within 30 days of passing the examination. The proposed rules amend subsection (f) to authorize a licensed intern to continue practicing while awaiting the processing of their speech-language pathology license if the intern practices under their current supervisor’s license and to reduce form requirements.

The proposed rules amend §111.45, Intern in Speech-Language Pathology License–Application and Eligibility Requirements. The proposed rules amend subsection (a) to clarify the form and manner in which an applicant must submit required information and documentation, with original or certified copies submitted upon request. The proposed rules amend subsection (b) by amending subsection (b)(2) to remove the requirement for a copy of a transcript to be an original or certified; replacing existing subsection (b)(4) with new subsection (b)(3) and clarifying the verification requirements when a graduate degree has not been conferred; relabeling existing subsection (b)(3) to become new subsection (b)(4) and revising its text to clarify the verification requirements for an applicant whose college or university is not accredited by ASHA; repealing the text of existing subsection (b)(4); amending subsection (b)(5) to remove the requirement that the evaluation form be an original and to add the requirement that the transcript evaluation service be approved by ASHA; and amending subsection (b)(6) to remove the form requirement.

The proposed rules amend §111.47, Intern in Speech-Language Pathology License–License Terms; Renewals. The proposed rules amend subsection (a) to clarify an intern license can be renewed annually up to three times; add new subsection (b) to provide the time period within which the internship much be completed and the examination must be passed; and relabel existing subsections (b) through (i) to become new subsections (c) through (j).

Amending 16 TAC §111.50, to repeal the existing Assistant in Speech-Language Pathology Licensing Requirements.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE
16 TAC §111.50

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter F. Requirements for Assistant in Speech Language Pathology License.

The proposed rules repeal existing §111.50, Assistant in Speech-Language Pathology License–Licensing Requirements–Education and Clinical Observation and Experience. The provisions in this repealed rule have been updated and supplemented under new §111.50, Assistant in Speech-Language Pathology License–Licensing Requirements–Education and Clinical Observation and Experience.

Amending 16 TAC §§111.50 – 111.52, 111.55, to define the requirements for an Assistant in Speech-Language Pathology License.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE
16 TAC §§111.50 – 111.52, 111.55

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter F. Requirements for Assistant in Speech Language Pathology License.

The proposed rules add new §111.50, Assistant in Speech-Language Pathology License–Licensing Requirements–Education and Clinical Observation and Experience. This new rule includes provisions from existing §111.50, which is being repealed, and updates and supplements the current requirements and procedures for education and clinical observation and experience. The proposed rules add new subsection (a) to require a license to practice as an assistant in speech-language pathology; add new subsection (b) to provide the degree requirements for a license; add new subsection (c) to provide the course work requirements for a license; add new subsection (d) to provide the clinical observation and experience requirements for a license; add new subsection (e) to provide the requirements for an applicant who has not acquired the required hours under subsection (d); add new subsection (f) to provide the requirements for an applicant whose degree, course work, or clinical observation and experience were earned more than 10 years before the date of application; and add new subsection (g) to prohibit an assistant from performing any duties until the license has been issued and any missing hours are complete.

The proposed rules amend §111.51, Assistant in Speech-Language Pathology License–Supervision Requirements. The proposed rules amend subsection (c) to require an assistant to practice under an assistant supervision plan and provide the requirements for the plan; amend subsection (c)(1) to provide the requirements for department approval; replace existing subsection (c)(2) with language providing when the plan must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and amend its language to provide the requirements when more than one speech-language pathologist agrees to supervise an assistant; relabel existing subsection (c)(3) to become new subsection (c)(4) and amend its language to prohibit an assistant from practicing without an approved supervisor and to require the supervisor to verify that the assistant appears under the supervisor’s license; relabel existing subsection (c)(4) to become new subsection (c)(5) and amend its language to require an assistant to only provide services for the caseload of the assistant’s current, approved supervisor; relabel existing subsection (c)(5) to become new subsection (c)(6) and amend its language to provide the requirements of the supervisor when the supervisor ceases supervision of the assistant; relabel existing subsection (c)(6) to become new subsection (c)(7) and amend its language to provide the requirements of the assistant when the supervisor ceases supervision. The proposed rules amend subsections (d) and (f) through (k) to make cleanup changes.

The proposed rules amend §111.52, Assistant in Speech-Language Pathology License–Practice and Duties of Assistants. The proposed rules add new subsection (c)(5) to including acting as a translator in the list of duties that a supervisor may assign to an assistant; relabel existing subsections (c)(5) through (c)(7) to become new subsections (c)(6) through (c)(8); add new subsection (c)(9) to include preparing and creating daily notes in the list of duties that a supervisor may assign to an assistant; and relabel existing subsections (c)(8) and (c)(9) to become new subsections (c)(10) and (c)(11). The proposed rules amend subsection (d)(12) to provide that an assistant must not practice without an approved supervisor and to remove the requirement to file a Supervisory Responsibility Statement; amend subsection (d)(16) to provide that an assistant must not demonstrate feeding strategies or precautions to clients, family, or staff; and repeal (d)(19), which consists of provisions that are relocated to subsection (g). The proposed rules amend subsection (e) to conform with plain language principles; add new subsection (g) to provide the terms licensed assistants may and may not use to shorten their professional title; and add new subsection (h) to provide the terms licensed assistants who have earned their ASHA certification may use in their professional title.

The proposed rules amend §111.55, Assistant in Speech-Language Pathology License– Application and Eligibility Requirements. The proposed rules update subsections (a) and (b)(2)-(3) to reduce form requirements for applicants; add new subsection (b)(4) to provide the requirements when the applicant’s transcript is in a language other than English or the degree was earned at a foreign university; relabel existing subsection (b)(4) to become new subsection (b)(5) and update its language to require a university program director or designee to verify 25 hours of clinical observation and 25 hours of clinical assisting experience; relabel existing subsection (b)(5) to become new subsection (b)(6) and update its language to require an applicant to complete any missing hours under direct supervision from an approved supervisor up license issuance; and relabel existing subsections (b)(6) and (b)(7) to become new subsections (b)(7) and (b)(8).

Amending 16 TAC §111.70, §111.75, to set forth the requirements for an Audiology License.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER H. REQUIREMENTS FOR AUDIOLOGY LICENSE
16 TAC §111.70, §111.75

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter H. Requirements for Audiology License

The proposed rules amend §111.70, Audiology License–Licensing Requirements. The proposed rules amend subsection (a) to comply with plain language principles; amend subsection (c) to reduce form requirements and to provide that the transcript evaluation service must be approved by ASHA; amend subsection (d) to comply with plain language principles and rephrase language for clarity; and amend subsection (e) to comply with plain language principles. The proposed rules repeal existing subsection (f), which addresses persons who previously held the ASHA CCC or the ABA certification. Those requirements have been updated and are addressed in the proposed rules under new §111.75(b).

The proposed rules add new §111.75, Audiology License–Application and Eligibility Requirements. This new rule includes provisions from existing §111.75, which is being repealed, and updates and supplements the current application and eligibility requirements. The proposed rules add new subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules add new subsection (b) to expand the existing application requirements to include persons who have held the ASHA CCC or ABA Certification in the past; provide that the ASHA CCC or ABA Certification demonstrates that the applicant has met the education, experience, and written examination requirements; and update and specify the documents that must be submitted by an applicant for an audiology license who holds or has held the ASHA CCC or ABA Certification. The proposed rules add new subsection (c) to specify the documents that must be submitted by an applicant who has never held the ASHA CCC or ABA Certification; add new subsection (d) to require an applicant to submit fingerprints and successfully pass a criminal history background check; add new subsection (e) to provide the requirements for an applicant seeking to upgrade an intern in audiology license to an audiology license; and add new subsection (f) to provide that an applicant must complete all licensing requirements within one year from the date the application was submitted.

Amending 16 TAC §111.75, to repeal the existing Audiology License Application and Eligibility Requirements.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
16 TAC §111.75

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter H. Requirements for Audiology License

The proposed rules repeal existing §111.75, Audiology License–Application and Eligibility Requirements. The provisions in this repealed rule have been updated and supplemented under new §111.75, Audiology License–Application and Eligibility Requirements.

Amending 16 TAC §§111.80 – 111.82, 111.85, 111.87, to define the requirements for an Intern in Audiology License.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER I. REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE
16 TAC §§111.80 – 111.82, 111.85, 111.87

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter I. Requirements for Intern in Audiology License

The proposed rules amend §111.80, Intern in Audiology License–Licensing Requirements–Education. The proposed rules amend subsection (a) to comply with plain language principles; add clarifying language to subsections (b) and (c) regarding education requirements; and repeal subsection (d), which consists of language that is relocated to new §111.85(b)(2).

The proposed rules amend §111.81, Intern in Audiology License–Internship and Supervision Requirements. The proposed rules amend subsection (c) to require an intern to complete the supervised professional experience under an intern supervision plan that must be submitted to the Department; rephrase subsection (c)(1) for clarity; add new subsection (c)(2) to specify when an intern supervision must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and update its language to specify the requirements when more than one audiologist agrees to supervise an intern; relabel existing subsection (c)(3) to become new subsection (c)(4) and update its language to require the supervisor to verify that the intern appears under the supervisor’s license before allowing the intern to practice; relabel existing subsection (c)(4) to become new subsection (c)(5) and update its language to provide that the supervisor is responsible for the practice of the intern until the intern is removed from the supervisor’s license; and relabel existing subsection (c)(5) to become new subsection (c)(6) and update its language to provide that an intern whose supervisor ceases supervision may not practice until the intern has a new approved supervisor and has been added to a new supervisor’s license. The proposed rules amend subsection (d) to comply with plain language principles; remove existing subsection (d)(2) and its requirement that an internship consist of 1,600 hours of supervised clinical work and replaces it with new (d)(2) which requires all internships consist of supervised professional experience conducted under the direction of a professionally recognized accredited doctoral program as approved by the department. The proposed rules repeal subsection (e), which described the procedures related to the Audiology Intern Plan and Agreement of Supervision Form, as this Form is no longer required due to the proposed rules’ amendment of §111.81(c). The proposed rules also relabel existing subsection (f) to become new subsection (e).

The proposed rules amend §111.82, Intern in Audiology License–Practice and Duties of Interns. The proposed rules amend subsection (a) to clarify that a licensed audiology intern must obtain supervised professional experience under an approved audiologist. The proposed rules amend subsection (c) to reduce form requirements.

The proposed rules amend §111.85, Intern in Audiology License–Application and Eligibility Requirements. The proposed rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules amend subsection (b) to reduce form requirements and require all information and documentation to be submitted in a form and manner prescribed by the Department.

The proposed rules amend §111.87, Intern in Audiology License–License Terms; Renewals. The proposed rules amend subsection (a) to provide that an audiology intern license is valid for two years and can be renewed biennially. The proposed rules amend subsection (c)(2) to reduce form requirements.

Amending 16 TAC §§111.90 – 111.92, 111.95, to set forth the requirements for an Assistant in Audiology License.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER J. REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE
16 TAC §§111.90 – 111.92, 111.95

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter J. Requirements for Assistant in Audiology License

The proposed rules amend §111.90, Assistant in Audiology License–Licensing Requirements–Education and Training. The proposed rules amend subsections (a) and (b) to comply with plain language principles. The proposed rules amend subsection (b)(3) to specify that an applicant must hold a baccalaureate degree; amend subsection (b)(4) to clarify that an assistant must work under an approved supervisor and an assistant supervision plan approved by the Department; amend subsection (b)(5) to require an assistant to agree to complete a minimum of 25 hours of job-specific competency-based training conducted by the supervisor upon the initial issuance of the license; and add new subsection (b)(6) to require an assistant to complete all training hours under the supervision of an approved supervisor. The proposed rules replace the language of subsection (c) with new language providing when an assistant may begin to practice.

The proposed rules amend §111.91, Assistant in Audiology License–Supervision Requirements. The proposed rules amend subsection (c) to remove references to the Supervisory Responsibility Statement Form and to provide that a supervisor must ensure all training hours completed by the assistant are supervised; amend subsection (c)(1) to provide that Department approval is required prior to any changes in supervision; add new subsection (c)(2) to specify when an assistant supervision plan must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and amend its language to provide the supervisor responsibilities for when more than one audiologist agrees to supervise the assistant; relabel existing subsection (c)(3) to become new subsection (c)(4) and amend its language to provide that the supervisor must verify that the assistant appears under the supervisor’s license before allowing the assistant to practice; relabel existing subsection (c)(4) to become new subsection (c)(5) and amend its language to provide that the assistant must only provide services for the clients of the assistant’s current, approved supervisors; relabel existing subsection (c)(5) to become new subsection (c)(6) and amend its language to provide that a supervisor is responsible for the practice of the assistant until the assistant is removed from the supervisor’s license; relabel existing subsection (c)(6) to become new subsection (c)(7) and amend its language to provide that, if the assistant’s supervisor ceases supervision, the assistant may not practice until the assistant has a new approved supervisor. The proposed rules add new subsection (d) to provide that an assistant must practice under an assistant supervision plan, which must be submitted to the Department. The proposed rules relabel existing subsections (d) through (j) to become new subsections (e) through (k) and amend their language to comply with plain language principles.

Notably, the proposed rules relabel former subsection (f) to become new subsection (g) and amend its language to reduce the minimum amount of supervision for audiology assistants from 10 hours per week to four hours per week, or alternatively, from 40 hours per month to 16 hours per month. The amended language of new subsection (g) also requires at least one hour per week or four hours per month of the total supervision to be under direct supervision.

The proposed rules amend §111.92, Assistant in Audiology License–Practice and Duties of Assistants. The proposed rules amend subsection (d) to comply with plain language principles and amend subsection (d)(18) to remove the requirement for a Supervisory Responsibility Statement for an Audiology Assistant Form to be on file with the Department and replace it with the requirement for an approved supervisor.

The proposed rules amend §111.95, Assistant in Audiology License–Application and Eligibility Requirements. The proposed rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules amend subsection (b)(2) to reduce form requirements; amend subsection (b)(4) to allow a copy of a high school diploma; amend subsection (b)(5) to remove the requirement for an original or certified copy of the CAOHC certificate; and amend subsection (b)(6) to clarify the requirements for an applicant who holds a baccalaureate degree or higher in communicative sciences or disorders.

Amending 16 TAC §111.115, to outline the requirements for dual license in speech-language pathology and audiology.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER L. REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
16 TAC §111.115

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter L. Requirements for Dual License in Intern in Speech-Language Pathology and Audiology

The proposed rules amend §111.115, Dual License in Speech-Language Pathology and Audiology–Application and Eligibility Requirements. The proposed rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules amend subsection (d) to provide the documentation requirements for an applicant who holds or has held the ASHA CCC or ABA Certification.

Amending 16 TAC §111.150, §111.154, to require a licensee to provide a valid phone number and email and repeal the rule requiring the provision of current employment information, as well as define additional requirements for a licensee who wants to supervise an intern or assistant.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER P. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS
16 TAC §111.150, §111.154

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter P. Responsibilities of the Licensee and Code of Ethics

The proposed rules amend §111.150, Changes of Name, Address, or Other Information. The proposed rules amend subsection (a) to require a licensee to provide the Department with a contact phone number and a valid email address and to repeal the requirement that a licensee provide the Department with current employment information. The proposed rules amend subsections (a) and (c) to comply with plain language principles.

The proposed rules amend the title of §111.154 from “Requirements, Duties, and Responsibilities of Supervisors and Persons Being Supervised” to “Supervision Requirements and Responsibilities.” The proposed rules add new subsection (a) to provide that a licensee who wants to supervise an intern or assistant must meet the requirements under this section and be approved by the Department. The proposed rules relabel existing subsection (a) to become new subsection (b) and restructure its language to include new subsection (b)(1) and new subsection (b)(2) to specify the experience requirements. The proposed rules relocate the language of existing subsection (b), regarding supervising family members, to new subsection (d). The proposed rules add new subsection (c) to provide that a licensee must hold the appropriate license type to supervise; relabel existing subsections (c) through (e) to become new subsections (c)(1) through (c)(3); and remove unnecessary language. The proposed rules add new subsection (d), regarding supervising family members, which has been relocated from existing subsection (b). The proposed rules add new subsection (e) to provide that a licensee may not supervise if the licensee has any current sanctions. The proposed rules amend subsections (f) through (h) to provide headings and to comply with plain language principles.

Amending 16 TAC §111.160, to extend the license term for an initial audiology intern license as well as a renewed audiology intern license from one year to two years.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER Q. FEES
16 TAC §111.160

OVERVIEW

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

Four-Year Rule Review Changes

Advisory Board Recommendations

SECTION-BY-SECTION SUMMARY

Subchapter Q. Fees

The proposed rules amend §111.160, Fees. The proposed rules amend subsection (f)(1) and extend the license term for an initial audiology intern license from one year to two years. The $75 fee for the initial audiology intern license remains unchanged. The proposed rules amend subsection (f)(2) and extend the license term for a renewed audiology intern license from one year to two years. The $75 fee for the renewal of an audiology intern license remains unchanged.

Texas Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §3.1, to improve public access to DSHS advisory committee, council, and board rules by consolidating rules related to these bodies into a single chapter.

CHAPTER 3. ADVISORY COMMITTEES, COUNCILS, AND BOARDS
25 TAC §3.1

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §3.1, concerning Texas School Health Advisory Committee.

BACKGROUND AND PURPOSE

The purpose of the proposal is to improve public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The Texas School Health Advisory Committee (TSHAC) rule is being repealed from 25 TAC Chapter 37 and proposed as new in 25 TAC Chapter 3. The repeal is proposed elsewhere in this issue of the Texas Register . The rule is updated to align with the Health and Human Services (HHS) advisory committee rule template and is substantially similar to the rule proposed for repeal.

Additionally, the proposal aligns the rule with statute and Executive Order No. GA-55, issued January 31, 2025.

SECTION-BY-SECTION SUMMARY

A new chapter 3 is proposed titled Advisory Committees, Councils, and Boards.

Proposed new §3.1(a), (b), and (c) provide the applicable statutes governing the TSHAC, its purpose, and tasks the TSHAC performs.

Proposed new §3.1(d) provides the requirements for submitting annual written reports and posting TSHAC meeting dates and meeting dates for any subcommittees.

Proposed new §3.1(e) provides the meeting, frequency, and quorum requirements.

Proposed new §3.1(f) describes the required number and composition of the members.

Proposed new §3.1(g) describes how the officers are elected, terms of office, and responsibilities of the officers.

Proposed new §3.1(h) describes the required training for members.

Proposed new §3.1(i) describes the travel reimbursement policy.

Proposed new §3.1(j) provides when TSHAC is abolished.

Amending 25 TAC §31.11, §31.12, to repeal the rules in Texas Administrative Code, Title 25, Chapter 31, Subchapter B because this program is no longer administered by HHSC.

CHAPTER 31. NUTRITION SERVICES
SUBCHAPTER B. FARMERS’ MARKET NUTRITION PROGRAM
25 TAC §31.11, §31.12

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §31.11, concerning Definitions; and §31.12, concerning Program Administration.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal the rules in Texas Administrative Code, Title 25, Chapter 31, Nutrition Services, Subchapter B, Farmers’ Market Nutrition Program. The Farmers’ Market Nutrition Program is no longer administered by HHSC as the program was transferred to the Texas Department of Agriculture.

Amending 25 TAC §37.350, to repeal this section so that the new rule can be proposed in 25 TAC Chapter 3.

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER R. ADVISORY COMMITTEES
25 TAC §37.350

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of §37.350, concerning Texas School Health Advisory Committee.

BACKGROUND AND PURPOSE

The purpose of the proposal is to improve public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The Texas School Health Advisory Committee rule is being repealed from 25 TAC Chapter 37 and proposed as new in 25 TAC Chapter 3. The new rule is updated to align with the HHS advisory committee rule template. The proposal also aligns the rule with statute and Executive Order No. GA-55, issued January 31, 2025. The new rule proposed elsewhere in this issue of the Texas Register is substantially similar to the rule proposed for repeal.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §37.350 removes it from 25 TAC Chapter 37 and the new rule is proposed in 25 TAC Chapter 3.

Amending 25 TAC §117.1, §117.2, to repeal these sections.

CHAPTER 117. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC §117.1, §117.2

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 117 in Texas Administrative Code (TAC) Title 25, which consists of §§117.1, 117.2, 117.11 – 117.19, 117.31 – 117.33, 117.41 – 117.49, 117.61 – 117.65, and 117.81 – 117.86

BACKGROUND AND PURPOSE

The purpose of this proposal is to repeal 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A – F. The proposed repeal allows similar and updated new rules to be proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The new rules are proposed elsewhere in this issue of the Texas Register. 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.

Amending 25 TAC §§117.11 – 117.19, to repeal these sections.

CHAPTER 117. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER B. APPLICATION AND ISSUANCE OF A LICENSE
25 TAC §§117.11 – 117.19

OVERVIEW

BACKGROUND AND PURPOSE

The purpose of this proposal is to repeal 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A – F. The proposed repeal allows similar and updated new rules to be proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The new rules are proposed elsewhere in this issue of the Texas Register . 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.

Amending 25 TAC §§117.31 – 117.33, to repeal these sections.

CHAPTER 117. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER C. MINIMUM STANDARDS FOR EQUIPMENT, WATER TREATMENT AND REUSE, AND SANITARY AND HYGIENIC CONDITIONS
25 TAC §§117.31 – 117.33

OVERVIEW

BACKGROUND AND PURPOSE

The purpose of this proposal is to repeal 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A – F. The proposed repeal allows similar and updated new rules to be proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The new rules are proposed elsewhere in this issue of the Texas Register . 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.

Amending 25 TAC §§117.41 – 117.49, to repeal these sections.

CHAPTER 117. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER D. MINIMUM STANDARDS FOR PATIENT CARE AND TREATMENT
25 TAC §§117.41 – 117.49

OVERVIEW

BACKGROUND AND PURPOSE

The purpose of this proposal is to repeal 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A – F. The proposed repeal allows similar and updated new rules to be proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The new rules are proposed elsewhere in this issue of the Texas Register . 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.

Amending 25 TAC §§17.61 – 117.65, to repeal these sections.

CHAPTER 117. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER E. DIALYSIS TECHNICIANS
25 TAC §§17.61 – 117.65

OVERVIEW

BACKGROUND AND PURPOSE

The purpose of this proposal is to repeal 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A – F. The proposed repeal allows similar and updated new rules to be proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The new rules are proposed elsewhere in this issue of the Texas Register . 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.

Amending 25 TAC §§117.81 – 117.86, to repeal these sections.

CHAPTER 117. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER F. CORRECTIVE ACTION PLAN AND ENFORCEMENT
25 TAC §§117.81 – 117.86

OVERVIEW

BACKGROUND AND PURPOSE

The purpose of this proposal is to repeal 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A – F. The proposed repeal allows similar and updated new rules to be proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The new rules are proposed elsewhere in this issue of the Texas Register . 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.

Amending 25 TAC §§229.341 – 229.357, to repeal these rules because the requirement no longer exists.

CHAPTER 229. FOOD AND DRUG
SUBCHAPTER T. LICENSURE OF TANNING FACILITIES
25 TAC §§229.341 – 229.357

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of 25 Texas Administrative Code (TAC) Chapter 229, Subchapter T, concerning Licensure of Tanning Facilities, which consists of §§229.341 – 229.357.

BACKGROUND AND PURPOSE

The purpose of the proposal is to comply with Health and Safety Code Chapter 145 as amended by Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session, 2015. S.B. 202 is related to the transfer of certain occupational regulatory programs and the deregulation of certain activities and occupations. S.B. 202 amended certain provisions in Health and Safety Code Chapter 145, relating to the licensing and regulation of tanning facilities, including the removal of the requirement to license. The requirement for DSHS to license tanning facilities no longer exists; Subchapter T is being repealed.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§229.341 – 229.357 deletes the rules as no longer necessary because the requirement for DSHS to license tanning facilities no longer exists.

Amending 25 TAC §§417.1 – 417.3, 417.6, 417.7, 417.9, 417.14, 417.23, 417.27, 417.29, 417.33, 417.34, to repeal these rules.

CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
SUBCHAPTER A. STANDARD OPERATING PROCEDURES
25 TAC §§417.1 – 417.3, 417.6, 417.7, 417.9, 417.14, 417.23, 417.27, 417.29, 417.33, 417.34

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§417.1, concerning Purpose; 417.2, concerning Application; 417.3, concerning Compliance with Nondiscrimination Laws; 417.6, concerning Assignment and Use of Pooled Vehicles; 417.7, concerning Inscription on State Vehicles; 417.9, concerning Material Safety Data Sheets; 417.14, concerning Non-Commercial Groups; 417.23, concerning Unauthorized Departures That May Have Unusual Consequences; 417.27, concerning Depositing Department Funds; 417.29, concerning Benefit Funds: Use and Control; 417.33, concerning Mail for Staff Residing On Campus; 417.34, concerning Commercial Solicitation on Grounds; 417.509, concerning Peer Review; 417.514, concerning TDMHMR Administrative Responsibilities; 417.516, concerning Exhibits; 417.517, References; and 417.518, concerning Distribution.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal certain rules in Chapter 417, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Texas Department of State Health Services, including client services, certain regulatory functions, and the operation of state hospitals, transferred to the HHSC.

These rules are duplicative of agency rules located in Texas Administrative Code, Title 26, Chapters 910, 926 and 930 and agency policies.

Amending 25 TAC §§417.509, 417.514, 417.516 – 417.518, to repeal these rules.

CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
SUBCHAPTER K. ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES
25 TAC §§417.509, 417.514, 417.516 – 417.518

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Texas Administrative Code, Title 26, Chapters 910, 926 and 930 and agency policies.

Adopted Rules Re:

Adopting 25 TAC §289.230, to update the requirements for mammography reports.

CHAPTER 289. RADIATION CONTROL
SUBCHAPTER E. REGISTRATION REGULATIONS
25 TAC §289.230

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §289.230, concerning Certification of Mammography Systems and X-Ray Machines Used for Interventional Breast Radiography, and the repeal of §289.234, concerning Mammography Accreditation.

Section 289.230 is adopted with changes to the proposed text as published in the March 7, 2025, issue of the Texas Register (50 TexReg 1762) and the Correction of Error notice published in the March 21, 2025, issue of the Texas Register (50 TexReg 2108). This rule will be republished.

Section 289.234 is adopted without changes to the proposed text as published in the March 7, 2025, issue of the Texas Register (50 TexReg 1762) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adoption of §289.230 amends the requirements for the certification and use of radiation machines in mammography and interventional breast radiography. The adoption aligns with the United States Food and Drug Administration (FDA) Mammography Quality Standards Act (MQSA) under 21 Code of Federal Regulations (CFR) Part 900.

Additionally, §289.234, relating to mammography accreditation, is repealed. DSHS no longer accredits mammography facilities due to an expired contract, which ended on August 31, 2024. With the contract’s expiration, the rule is no longer valid.

Adopting 25 TAC §289.234, to delete an invalid rule.

CHAPTER 289. RADIATION CONTROL
SUBCHAPTER E. REGISTRATION REGULATIONS
25 TAC §289.234

OVERVIEW

Section 289.234 is adopted without changes to the proposed text as published in the March 7, 2025, issue of the Texas Register (50 TexReg 1762) and will not be republished.

BACKGROUND AND JUSTIFICATION

Transferred Rules Re:

Transferring DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 417, Subchapter K to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 926, Subchapter D.

OVERVIEW

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Cancer.

OVERVIEW

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 91, Cancer

Department of Aging and Disability Services

Proposed Rules Re:

Amending 40 TAC §§4.1 – 4.8, to repeal Chapter 4, Subchapter A in its entirety because the rules are no longer necessary.

CHAPTER 4. RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER A. PROTECTED HEALTH INFORMATION
40 TAC §§4.1 – 4.8

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 4, Subchapter A consisting of §§4.1, concerning Purpose; 4.2, concerning Application; 4.3, concerning Definitions; 4.4, concerning Requirements; 4.5, concerning Regulations and Statutes Governing Confidentiality of Protected Health Information; 4.6, concerning Exhibit; 4.7, concerning References; and 4.8, concerning Distribution.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 4, Subchapter A, in its entirety, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

The rules reference federal privacy laws, rules, and regulations that are now addressed in the Local Intellectual and Developmental Disability Authority performance contract.

Amending 40 TAC §§5.1 – 5.14, to repeal these rules.

CHAPTER 5. PROVIDER CLINICAL RESPONSIBILITIES–INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER A. PRESCRIBING OF PSYCHOACTIVE MEDICATION
40 TAC §§5.1 – 5.14

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 5 consisting of §§5.1, concerning Purpose; 5.2, concerning Application; 5.3, concerning Definitions; 5.4, concerning Philosophy; 5.5, concerning General Principles; 5.6, concerning Evaluation and Diagnosis; 5.7, concerning Prescribing Parameters; 5.8, concerning Emergency Use of Psychoactive Medication; 5.9, concerning Consent and Patient Education; 5.10, concerning Medication Monitoring; 5.11, concerning Special Populations; 5.12, concerning Quality Improvement; 5.13, concerning References; 5.14, concerning Distribution; 5.401, concerning Purpose; 5.402, concerning Application; 5.403, concerning Definitions; 5.404, concerning General Provisions; 5.405, concerning General Principles for Behavior Therapy Programs; 5.406, concerning Development, Implementation, and Monitoring of Effectiveness of Behavior Therapy Programs; 5.407, concerning Requirement to Obtain Legally Adequate Consent, Consent, or Authorization; 5.408, concerning Use of Restraint; 5.409, concerning Documenting and Reporting Behavior Therapy Programs That Use Highly Restrictive Procedures; 5.411, concerning References; and 5.412, concerning Distribution.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 5, in its entirety, as the rules are no longer necessary and not required by statute. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

The topics of these rules are required by standard licensing requirements for medical professionals or by the federal conditions of participation developed by the Centers for Medicare and Medicaid Services for intermediate care facilities for individuals with intellectual disabilities.

Amending 40 TAC §§5.401 – 5.409, 5.411, 5.412, to repeal these rules.

CHAPTER 5. PROVIDER CLINICAL RESPONSIBILITIES–INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER I. BEHAVIOR THERAPY IN STATE FACILITIES
40 TAC §§5.401 – 5.409, 5.411, 5.412

OVERVIEW

BACKGROUND AND PURPOSE

Amending 40 TAC §§7.1, 7.6, 7.9, 7.23, 7.33, 7.34, to repeal these rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER A. STANDARD OPERATING PROCEDURES
40 TAC §§7.1, 7.6, 7.9, 7.23, 7.33, 7.34

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 7 consisting of §§7.1, concerning Purpose; 7.6, concerning Assignment and Use of Pooled Vehicles; 7.9, concerning Material Safety Data Sheets; 7.23, concerning Unauthorized Departures That May Have Unusual Consequences; 7.33, concerning Mail for Staff Residing On Campus; 7.34, concerning Commercial Solicitation on Grounds; 7.51, concerning Purpose; 7.52, concerning Application; 7.53, concerning Definitions; 7.54, concerning Procurement; 7.55, concerning Accountability; 7.56, concerning Provisions for All Contracts; 7.57, concerning Additional Requirements for Specific Contracts; 7.58, concerning Contract Extension or Renewal; 7.60, concerning Protest and Appeal Procedures; 7.61, concerning Contract Monitoring; 7.62, concerning Remedies and Sanctions for All Contracts Except Construction Contracts; 7.63, concerning Negotiation and Mediation; 7.64, concerning References; 7.65, concerning Distribution; 7.159, concerning References; 7.160, concerning Distribution; 7.901, concerning Purpose; 7.902, concerning Applicability; 7.903, concerning Definitions; 7.904, concerning Prerequisites to Suit; 7.905, concerning Sovereign Immunity; 7.906, concerning Notice of Claim of Breach of Contract; 7.907, concerning Agency Counterclaim; 7.908, concerning Request for Voluntary Disclosure of Additional Information; 7.909, concerning Duty to Negotiate; 7.910, concerning Timetable; 7.911, concerning Conduct of Negotiation; 7.912, concerning Settlement Approval Procedures; 7.913, concerning Settlement Agreement; 7.914, concerning Costs of Negotiation; 7.915, concerning Request for Contested Case Hearing; 7.916, concerning Mediation Timetable; 7.917, concerning Conduct of Mediation; 7.918, concerning Agreement to Mediate; 7.919, concerning Qualifications and Immunity of the Mediator; 7.920, concerning Confidentiality of Mediation and Final Settlement Agreement; 7.921, concerning Costs of Mediation; 7.922, concerning Settlement Approval Procedures; 7.923, concerning Initial Settlement Agreement; 7.924, concerning Final Settlement Agreement; and 7.925, concerning Referral to the State Office of Administrative Hearings.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 7, in its entirety, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Amending 40 TAC §§7.51 – 7.58, 7.60 – 7.65, to repeal these rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER B. CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE
40 TAC §§7.51 – 7.58, 7.60 – 7.65

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Amending 40 TAC §7.159, §7.160, to repeal these sections.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER D. PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS
40 TAC §7.159, §7.160

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Amending 40 TAC §§7.901 – 7.905, to repeal these rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
DIVISION 1. GENERAL
40 TAC §§7.901 – 7.905

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Amending 40 TAC §§7.906 – 7.915, to repeal these rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
DIVISION 2. NEGOTIATION
40 TAC §§7.906 – 7.915

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Amending 40 TAC §§7.916 – 7.925, to repeal these rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
DIVISION 3. MEDIATION
40 TAC §§7.916 – 7.925

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Amending 40 TAC §72.5001, to repeal these rules.

CHAPTER 72. MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
SUBCHAPTER L. MOU–CAPACITY ASSESSMENT FOR SELF CARE AND FINANCIAL MANAGEMENT
40 TAC §72.5001

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §72.5001, concerning Memorandum of Understanding Concerning Capacity Assessment for Self Care and Financial Management.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 72, Subchapter L, in its entirety, as the rule is no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

This rule was authorized by Texas Health and Safety Code §533.044, which was repealed effective April 1, 2015.

Amending 40 TAC §77.1, §77.2, to repeal these rules.

CHAPTER 77. EMPLOYMENT PRACTICES
SUBCHAPTER A. INTRODUCTION
40 TAC §77.1, §77.2

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 77 consisting of §§77.1, concerning What is the purpose of this chapter; 77.2, concerning What do the words and terms in this chapter mean; 77.11, concerning What is the training activities program; 77.12, concerning Who is eligible to participate in the training activities program; 77.13, concerning Who should I ask if I want to participate in the training activities program; 77.14, concerning What are my obligations if I participate in the training activities program; 77.15, concerning Can I get a waiver for any of my obligations; 77.16, concerning How do I get a waiver for any of my obligations; 77.17, concerning What happens if I am placed on corrective action while I am participating in the training activities program; 77.31, concerning What is the education assistance program; 77.32, concerning Am I eligible to participate in the education assistance program; 77.33, concerning Who do I ask if I want to participate in the education assistance program; 77.34, concerning What am I required to do if I participate in the education assistance program; 77.35, concerning What if I cannot work full time and keep my class schedule; 77.36, concerning What type of institution of higher education must I attend; 77.37, concerning What financial assistance is available; 77.38, concerning How often does DHS review my participation in the education assistance program; 77.39, concerning In what situations would DHS cancel my education assistance agreement and my participation in the program; 77.40, concerning If my participation is cancelled, will I have to repay any money to DHS; 77.41, concerning Can I get a waiver, deferment, or reduction of my repayment obligation; 77.42, concerning How do I ask for a waiver, deferment, or reduction; 77.43, concerning If my participation in the education assistance program is cancelled, can I participate in the program in the future; and 77.44, concerning What happens if I am placed on corrective action while I am participating in the education assistance program.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 77, in its entirety, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC.

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 396 and agency policies regarding employee training and education.

Amending 40 TAC §§77.11 – 77.17, to repeal these rules.

CHAPTER 77. EMPLOYMENT PRACTICES
SUBCHAPTER B. EMPLOYEE TRAINING
40 TAC §§77.11 – 77.17

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 396 and agency policies regarding employee training and education.

Amending 40 TAC §§77.31 – 77.44, to repeal these rules.

CHAPTER 77. EMPLOYMENT PRACTICES
SUBCHAPTER C. EDUCATION ASSISTANCE PROGRAM
40 TAC §§77.31 – 77.44

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 396 and agency policies regarding employee training and education.

Texas Department of Assistive and Rehabilitative Services

Proposed Rules Re:

Amending 40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121, to repeal these rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER A. GENERAL RULES
40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 40, Chapter 101 consisting of §§101.101, concerning Purpose; 101.103, concerning Legal Authority; 101.105, concerning Definitions; 101.107, concerning Opportunities for Citizen Participation; 101.109, concerning Complaints; 101.111, concerning Cooperation with Other Public Agencies; 101.113, concerning Criminal History Information on Applicants for Employment; 101.115, concerning Use of Criminal History Information in Contracting; 101.117, concerning Fees for Department Publications; 101.119, concerning Gifts and Donations to DARS; 101.121, concerning Qualified Vocational Rehabilitation Counselor (QVRC); 101.201, concerning Purpose; 101.203, concerning Legal Authority; 101.205, concerning Definitions; 101.207, concerning Adoption of Rules; 101.805, concerning Definitions; 101.807, concerning Privacy Policies; 101.809, concerning Confidentiality of Consumer Information in Vocational Rehabilitation Program; 101.811, concerning Confidentiality of Consumer Information in the Specialized Telecommunications Assistance Program; 101.813, concerning Use of Consumer Information in the Deaf and Hard of Hearing Driver Identification Program; 101.1307, concerning Memorandum of Understanding Regarding Continuity of Care for Physically Disabled Inmates; 101.1309, concerning Memorandum of Understanding Regarding the Exchange and Distribution of Public Awareness Information; and 101.1311, concerning Memorandum of Understanding Concerning Coordination of Services to Disabled Persons.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal Chapter 101, Subchapter A, B, D and F, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Amending 40 TAC §§101.201, 101.203, 101.205, 101.207, to repeal these rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES
40 TAC §§101.201, 101.203, 101.205, 101.207

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Amending 40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813, to repeal these rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER D. PRIVACY AND CONFIDENTIALITY
40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Amending 40 TAC §§101.1307, 101.1309, 101.1311, to repeal these rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER F. MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES
40 TAC §§101.1307, 101.1309, 101.1311

OVERVIEW

BACKGROUND AND PURPOSE

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.