Texas Register May 28, 2021 Volume: 46 Number: 22

Governor

May 28, 2021: Notices Executive Order GA-36: Excluding certain state-operated healthcare facilities from the general ban on requiring face coverings

OVERVIEW

Governor orders, on a statewide basis and effective immediately, that no governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering.

However, the order includes an exception for certain state-operated healthcare facilities, providing:

“State supported living centers, government-owned hospitals, and government-operated hospitals may continue to use appropriate policies regarding the wearing of face coverings.”

BACKGROUND AND JUSTIFICATION

Governor’s rationale for issuing Executive Order GA-36 is included in this week’s edition of the Texas Register (46 Tex Reg 3325).

Texas Department of Licensing and Regulation

May 28, 2021: Adopted Rules Amending 16 TAC §120.21 to waive the transcript requirement for certain academic language therapists seeking dyslexia therapist licensure

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS

16 TAC §120.21

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.21, regarding the Dyslexia Therapy Program, with changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8687). These rules will be republished.

The adopted rules amend §120.21, Dyslexia Therapist Licensing Requirements, by allowing a person who holds current certification as an academic language therapist issued by ALTA to apply for a dyslexia therapist license without being required to provide a diploma or transcript proving that the person has earned a master’s degree from an accredited institution of higher education.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The proposed rules make changes recommended by Department staff to reduce the documentation that must be provided by license applicants who are certified by the Academic Language Therapy Association (ALTA); to clarify courses that qualify for continuing education credit; to allow telehealth services without an initial in-person meeting; and to correct cross-references. The proposed rules also make changes recommended by the Education and Examination Workgroup of the Dyslexia Therapy Advisory Committee to designate the examinations approved by the Department and to allow continuing education credit for the human trafficking prevention training course required for license renewal. The proposed rules are necessary to remove unnecessary burdens in obtaining and renewing a license; to designate the examinations required for licensure; to increase the availability of telehealth services; and to provide clarity.

46 TexReg 3385

May 28, 2021: Adopted Rules Amending 16 TAC §120.22 to waive the transcript requirement for certain academic language therapists seeking dyslexia practitioner licensure

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS

16 TAC §120.22

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.22, regarding the Dyslexia Therapy Program, with changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8687). These rules will be republished.

The adopted rules amend §120.22, Dyslexia Practitioner Licensing Requirements, by allowing a person who holds current certification as an academic language practitioner issued by ALTA to apply for a dyslexia practitioner license without being required to provide a diploma or transcript proving that the person has earned a bachelor’s degree from an accredited institution of higher education.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The proposed rules make changes recommended by Department staff to reduce the documentation that must be provided by license applicants who are certified by the Academic Language Therapy Association (ALTA); to clarify courses that qualify for continuing education credit; to allow telehealth services without an initial in-person meeting; and to correct cross-references. The proposed rules also make changes recommended by the Education and Examination Workgroup of the Dyslexia Therapy Advisory Committee to designate the examinations approved by the Department and to allow continuing education credit for the human trafficking prevention training course required for license renewal. The proposed rules are necessary to remove unnecessary burdens in obtaining and renewing a license; to designate the examinations required for licensure; to increase the availability of telehealth services; and to provide clarity.

46 TexReg 3385

May 28, 2021: Adopted Rules Amending 16 TAC §120.23 to update examination requirements for dyslexia therapist and dyslexia practitioner licensure

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS

16 TAC §120.23

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.23, regarding the Dyslexia Therapy Program, with changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8687). These rules will be republished.

The adopted rules amend §120.23(a) by designating the therapist level examination administered by ALTA as the examination required for licensure as a dyslexia therapist. The adopted rule language includes a change recommended by Department staff to remove the specific name of the examination currently administered by ALTA to allow for future changes to the name.

The adopted rules amend §120.23(b) by designating the practitioner level examination administered by ALTA as the examination required for licensure as a dyslexia practitioner. The adopted rule language includes a change recommended by Department staff to remove the specific name of the examination currently administered by ALTA to allow for future changes to the name.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The proposed rules make changes recommended by Department staff to reduce the documentation that must be provided by license applicants who are certified by the Academic Language Therapy Association (ALTA); to clarify courses that qualify for continuing education credit; to allow telehealth services without an initial in-person meeting; and to correct cross-references. The proposed rules also make changes recommended by the Education and Examination Workgroup of the Dyslexia Therapy Advisory Committee to designate the examinations approved by the Department and to allow continuing education credit for the human trafficking prevention training course required for license renewal. The proposed rules are necessary to remove unnecessary burdens in obtaining and renewing a license; to designate the examinations required for licensure; to increase the availability of telehealth services; and to provide clarity.

46 TexReg 3385

May 28, 2021: Adopted Rules Amending 16 TAC §120.25 to update continuing education requirements for dyslexia therapists

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS

16 TAC §120.25

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.25, regarding the Dyslexia Therapy Program, with changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8687). These rules will be republished.

The adopted rules amend §120.25, Continuing Education, by clarifying that courses and programs provided by education service centers are included in the acceptable categories for continuing education credit; correcting erroneous cross-references; and allowing the human trafficking prevention training course required for license renewal to be accepted for up to one hour of continuing education credit.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The proposed rules make changes recommended by Department staff to reduce the documentation that must be provided by license applicants who are certified by the Academic Language Therapy Association (ALTA); to clarify courses that qualify for continuing education credit; to allow telehealth services without an initial in-person meeting; and to correct cross-references. The proposed rules also make changes recommended by the Education and Examination Workgroup of the Dyslexia Therapy Advisory Committee to designate the examinations approved by the Department and to allow continuing education credit for the human trafficking prevention training course required for license renewal. The proposed rules are necessary to remove unnecessary burdens in obtaining and renewing a license; to designate the examinations required for licensure; to increase the availability of telehealth services; and to provide clarity.

46 TexReg 3385

May 28, 2021: Adopted Rules Amending 16 TAC §120.90 to allow dyslexia therapists and practitioners to provide telehealth service without an initial in-person meeting

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS

16 TAC §120.90

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.90, regarding the Dyslexia Therapy Program, with changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8687). These rules will be republished.

The adopted rules amend §120.90, Professional Standards and Basis for Disciplinary Action, by removing the prohibition against providing services solely by written, telephone, or electronic/video correspondence or communication; and renumbering the remaining provisions accordingly. This change will allow a license holder to provide telehealth services without the requirement for an initial in-person meeting with a client.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The proposed rules make changes recommended by Department staff to reduce the documentation that must be provided by license applicants who are certified by the Academic Language Therapy Association (ALTA); to clarify courses that qualify for continuing education credit; to allow telehealth services without an initial in-person meeting; and to correct cross-references. The proposed rules also make changes recommended by the Education and Examination Workgroup of the Dyslexia Therapy Advisory Committee to designate the examinations approved by the Department and to allow continuing education credit for the human trafficking prevention training course required for license renewal. The proposed rules are necessary to remove unnecessary burdens in obtaining and renewing a license; to designate the examinations required for licensure; to increase the availability of telehealth services; and to provide clarity.

46 TexReg 3385

May 28, 2021: Adopted Rules Amending 16 TAC §121.10 to update definitions related to behavior analysts’ telehealth services

CHAPTER 121. BEHAVIOR ANALYST

16 TAC §121.10

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §121.10, regarding the Behavior Analysts Program, without changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8691). These rules will not be republished.

The adopted rules amend §121.10 by adding thirteen definitions relevant to the practice of telehealth, make minor edits in three existing definitions, and renumber the section accordingly.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.

The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.

The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020 to discuss and draft rule language.

46 TexReg 3389

May 28, 2021: Adopted Rules Amending 16 TAC §121.21 to clarify that behavior analysts must be licensed in Texas to provide telehealth service to clients in Texas

CHAPTER 121. BEHAVIOR ANALYST

16 TAC §121.21

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §121.21, regarding the Behavior Analysts Program, without changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8691). These rules will not be republished.

The adopted rules amend §121.21, Behavior Analyst Licensing Requirements, by adding a provision that clarifies that a behavior analyst must be licensed in Texas to serve clients in Texas unless exempt.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.

The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.

The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020 to discuss and draft rule language.

46 TexReg 3389

May 28, 2021: Adopted Rules Amending 16 TAC §121.22 to clarify that assistant behavior analysts must be licensed in Texas to provide telehealth service to clients in Texas

CHAPTER 121. BEHAVIOR ANALYST

16 TAC §121.22

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §121.22, regarding the Behavior Analysts Program, without changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8691). These rules will not be republished.

The adopted rules amend §121.22, Assistant Behavior Analyst Licensing Requirements, by adding a provision that clarifies that an assistant behavior analyst must be licensed in Texas to serve clients in Texas unless exempt.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.

The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.

The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020 to discuss and draft rule language.

46 TexReg 3389

May 28, 2021: Adopted Rules Amending 16 TAC §121.70 to establish administrative responsibilities incident to behavior analysts’ provision of telehealth services

CHAPTER 121. BEHAVIOR ANALYST

16 TAC §121.70

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §121.70, regarding the Behavior Analysts Program, without changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8691). These rules will not be republished.

The adopted rules amend §121.70, Responsibilities of License Holders, by changing the section title to Administrative Practice Responsibilities of License Holders. Professional practice responsibilities are moved from this section to a newly created section, and a set of administrative practice responsibilities for telehealth service is added to §121.70, including minimum requirements for data transmission and technology, and specifying methods of practice and activities that may be conducted using telehealth. Minor editorial changes are also made in the section.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.

The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.

The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020 to discuss and draft rule language.

46 TexReg 3389

May 28, 2021: Adopted Rules Amending 16 TAC §121.75 to make editorial changes to the behavior analyst Code of Ethics

CHAPTER 121. BEHAVIOR ANALYST

16 TAC §121.75

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §121.75, regarding the Behavior Analysts Program, without changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8691). These rules will not be republished.

The adopted rules amend §121.75, Code of Ethics, to update cross references in accordance with renumbered provisions elsewhere in the chapter, and to make minor editorial changes.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.

The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.

The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020 to discuss and draft rule language.

46 TexReg 3389

May 28, 2021: Adopted Rules New 16 TAC §121.71, establishing professional practice responsibilities for licensed behavior analysts

CHAPTER 121. BEHAVIOR ANALYST

16 TAC §121.71

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 TAC Chapter 121, §121.71, regarding the Behavior Analysts Program, with changes to the proposed text as published in the December 4, 2020, issue of the Texas Register (45 TexReg 8691). These rules will be republished.

DETAILED SUMMARY OF NEW RULE

The adopted rules add new §121.71, Professional Services Practice Responsibilities of License Holders. Existing professional responsibilities are moved from §121.70 into the new section, and new requirements are added in the section for professional responsibilities for practicing telehealth. Requirements for disclosure and client consent are updated to include consent for treatment delivery using telehealth, and minimum standards for quality of services, including legal requirements, use of facilitators, supervision, complaints, and records are provided. Cross reference corrections and minor editorial changes are also made in the section. In response to public comments received, the Advisory Board made the following changes to the proposed rules: removed “experimental” and added two instances of “yet” to §121.71(a)(2)(A) to read: “(A) the client’s consent to treatment that is transitional or provisional or for which its effectiveness has not yet been established, or effectiveness has not yet been established for the method, manner, or mode of treatment for which consent is obtained;” and replaced “the procedure is experimental” with “the effectiveness of the procedure has not yet been established for the method, manner, or mode of treatment” in §121.71(d)(3).

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.

The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.

The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020 to discuss and draft rule language.

Texas Department on Aging and Disability Services

May 28, 2021: Emergency Rule Renewing the amendment to 40 TAC §30.14, which allows assessments for continued Medicaid eligibility to be conducted using telemedicine

CHAPTER 30. MEDICAID HOSPICE PROGRAM

SUBCHAPTER B. ELIGIBILITY REQUIREMENTS

40 TAC §30.14

OVERVIEW

The Department of Aging and Disability Services is renewing the effectiveness of emergency amended §30.14 for a 60-day period. The text of the emergency rule was originally published in the January 29, 2021, issue of the Texas Register (46 TexReg 675).

HHSC is renewing this emergency amendment to §30.14(e) to allow a hospice physician or hospice advanced practice registered nurse to determine an individual’s continued eligibility for hospice care for a period of care, after the initial period, through a telemedicine medical service, as defined in Texas Government Code §531.001(8). This amendment will reduce the risk of transmitting COVID-19.

BACKGROUND AND JUSTIFICATION

The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency amendment to §30.14, concerning Certification of Terminal Illness and Record Maintenance.

46 TexReg 3332

Texas Health and Human Services Commission

May 28, 2021: Emergency Rule Renewing 26 TAC §306.1351, which established flexible procedures for the behavioral health delivery system in response to COVID-19

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEM

SUBCHAPTER Z. EMERGENCY RULEMAKING

26 TAC §306.1351

OVERVIEW

The Health and Human Services Commission is renewing the effectiveness of emergency new §306.1351 for a 60-day period. The text of the emergency rule was originally published in the January 29, 2021, issue of the Texas Register (46 TexReg 673).

HHSC is renewing this emergency rule to establish flexibility of certain requirements to:

Allow alternative methods other than face-to-face contact or in-person interactions, such as the use of telehealth, telemedicine, video-conferencing, or telephonic methods;

Allow virtual platforms instead of a specific physical space or in-person interactions, such as the use of a telephone or videoconferencing;

Allow a child or adolescent participating in the YES Waiver Program to reside with another responsible adult as the child or adolescent may not be residing with his or her legally authorized representative due to COVID-19 if the Centers for Medicare & Medicaid Services approves HHSC’s request for activation of Appendix;

And rules under Title 25, Part 1 and Title 26, Part 1 of the TAC that require staff training through face-to-face or in person or a specific physical space or on site.

BACKGROUND AND JUSTIFICATION

The purpose of the emergency rulemaking is to support the Governor’s renewal on December 6, 2020 of the March 13, 2020 proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rulemaking in response to COVID-19.

46 TexReg 3330

May 28, 2021: Emergency Rule New 26 TAC §556.100, allowing experience gained during the COVID-19 pandemic to count toward the clinical training requirement for nurse aides

CHAPTER 556. NURSE AIDES

26 TAC §556.100

OVERVIEW

The Executive Commissioner of Health and Human Services (HHSC) adopts on an emergency basis in Title 26, Part 1, Chapter 556 Nurse Aides, new §556.100, concerning an emergency rule in response to COVID-19 describing the process for individuals who have been trained as nurse aides and have been completing nurse aide tasks under a waiver to become certified as nurse aides.

HHSC is adopting this emergency rule to permit individuals with work experience gained at a nursing facility during the pandemic to be counted as classroom and clinical training hours required as part of a Nurse Aide Training and Competency Evaluation Program (NATCEP).

BACKGROUND AND JUSTIFICATION

As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for no longer than 120 days and may be renewed for not longer than 60 days.

The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Nurse Aide Transition from Temporary Status.

46 TexReg 3330

May 28, 2021: Proposed Rules Amending 1 TAC §353.1302 and §353.1304 to update funding and quality metrics for the Quality Incentive Payment Program for Nursing Facilities

CHAPTER 353. MEDICAID MANAGED CARE

SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES

1 TAC §353.1302, §353.1304

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §353.1302, concerning Quality Incentive Payment Program for Nursing Facilities on or after September 1, 2019; and §353.1304, concerning Quality Metrics for the Quality Incentive Payment Program for Nursing Facilities on or after September 1, 2019.

SECTION-BY-SECTION SUMMARY

A detailed summary of changes made by the proposed amendments is included in this week’s edition of the Texas Register (46 Tex Reg 3333).

BACKGROUND AND JUSTIFICATION

In order to continue incentivizing Texas nursing facilities (NFs) to improve quality and innovation in the provision of services, HHSC is proposing to amend the Quality Incentive Payment Program (QIPP) quality metrics that HHSC may select for each program year as well as certain component funding allocations beginning in program year five (i.e., September 1, 2021 through August 31, 2022).

Section 353.1302 would be amended to adjust QIPP Component 2 and Component 3 funding allocations as follows: increase the allocation percentage from 30 percent to 40 percent in Component 2 (paid monthly); and decrease the allocation percentage from 70 percent to 60 percent in Component 3 (paid quarterly).

The additional proposed amendments would discontinue an unnecessary requirement, provide increased clarity, and ensure that the language in this section corresponds to similar language in other sections of Subchapter O.

Section 353.1304 would be amended to remove set types of quality metrics and related performance requirements for each program year in favor of a public notice and hearing process. This proposed change allows the program to be adapted on an annual basis to ensure quality objectives are continually improved. This amendment would also clarify HHSC’s validation requirements for reviews of self-reported data in the program.

46 TexReg 3333

May 28, 2021: Proposed Rules New 1 TAC §355.8217, authorizing reimbursement to certain providers for the provision of charity care

CHAPTER 355. REIMBURSEMENT RATES

SUBCHAPTER J. PURCHASED HEALTH SERVICES

DIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT

1 TAC §355.8217

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §355.8217, concerning Payments to Public Health Providers for Charity Care.

A detailed summary of proposed subsections (a)-(i) is included in this week’s edition of the Texas Register (46 Tex Reg 3340).

BACKGROUND AND JUSTIFICATION

The purpose of the proposed new rule is to authorize HHSC to implement the Public Health Provider – Charity Care Program (PHP-CCP) payments to be available for eligible providers to help defray the uncompensated costs of charity care beginning October 1, 2022.

The PHP-CCP under the 1115 waiver reimburses certain costs for qualifying providers associated with providing care, including behavioral health, immunizations, chronic disease prevention, and other preventative services for the uninsured. This program was created as part of the 1115 waiver extension and will provide an opportunity for reimbursement of charity care costs (or Medicaid shortfall in the first year of the program). Additional information about the 1115 waiver is included in this week’s edition of the Texas Register (46 Tex Reg 3340).

46 TexReg 3340

May 28, 2021: Adopted Rules Amending 26 TAC §213.101 and §213.203 to allow area agencies on aging more flexibility in providing home delivered meal services to eligible participants

CHAPTER 213. AREA AGENCIES ON AGING

SUBCHAPTER C. IMPLEMENTATION OF THE OLDER AMERICANS ACT

26 TAC §213.101, §213.203

The Texas Health and Human Services Commission (HHSC) adopts amendments to §213.101, concerning Definitions, and §213.203, concerning Nutrition Services.

Section 213.101 is adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1184). This rule will not be republished.

Section 213.203 is adopted with changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1184). This rule will be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the amended rules is to ensure the rules are consistent with requirements of the Older Americans Act, 42 U.S.C. §§3001-3058ff. The current rules are more restrictive than federal law. The changes will allow area agencies on aging (AAAs) more flexibility when providing home delivered meal services to eligible persons. The flexibilities will reduce the need for AAAs to submit several waiver requests to HHSC for approval, thus streamlining the service delivery process. Agency specific policy is removed from the rule and included by reference. In addition, the rule is reorganized for clarity, readability, and consistency.

46 TexReg 3416

May 28, 2021: Transferred Rule Authority over operations of area agencies on aging is being transferred from DADS to HHSC

OVERVIEW

The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 81, Operation of the Area Agencies on Aging are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 213, Area Agencies on Aging, Subchapter A, Operation of the Area Agencies on Aging.

BACKGROUND AND JUSTIFICATION

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, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011.

46 TexReg 3421

May 28, 2021: Transferred Rule Authority over administration of area agencies on aging is being transferred from DADS to HHSC

OVERVIEW

The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 83, Area Agency on Aging Administrative Requirements are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 213, Area Agencies on Aging, Subchapter B, Area Agency on Aging Administration.

BACKGROUND AND JUSTIFICATION

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, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011.

46 TexReg 3422

May 28, 2021: Transferred Rule Authority over the purchase of goods and services for rehabilitation, independence, and early childhood intervention is being transferred from DARS to HHSC

OVERVIEW

The former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 102, Purchase of Goods and Services by the Department of Assistive and Rehabilitative Services are being transferred to HHSC under 26 TAC Part 1, Chapter 349, Purchase of Goods and Services for Rehabilitation, Independence, and Early Childhood Intervention.

BACKGROUND AND JUSTIFICATION

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, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(a), specified the Department of Assistive and Rehabilitative Services (DARS) be abolished September 1, 2017, after all its functions were transferred to HHSC or the Department of Family and Protective Services in accordance with Texas Government Code, §531.0201.

46 TexReg 3423

May 28, 2021: In Addition Notice of first public hearing on the proposed 1115 Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver extension application

OVERVIEW

The Health and Human Services Commission (HHSC) will conduct a public hearing on June 2, 2021, at 10:00 a.m. (CDT) to receive public comment on the proposed 1115 Texas Healthcare Transformation Quality Improvement Program (THTQIP) Waiver Extension Application.

HEARING DETAILS

The public hearing will be held at UT Southwestern Medical Center, the T. Boone Pickens Building Auditorium, located at 6001 Forest Park Road, Dallas, Texas. The T. Boone Pickens Building is located between Inwood Road and Mockingbird Lane, and between Maple Avenue and Harry Hines Boulevard.

The hearing will also be conducted virtually through GoToWebinar. To listen and to provide oral comments, visit http://texashhsmeetings.org/1115Waiver_June22021.

PUBLIC COMMENT

Instructions for providing public testimony and/or public comment are included in this week’s edition of the Texas Register (46 Tex Reg 3441).

46 TexReg 3441

May 28, 2021: In Addition Notice of second public hearing on the proposed 1115 Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver extension application

OVERVIEW

The Health and Human Services Commission (HHSC) will conduct a public hearing on June 15, 2021, at 10:00 a.m. (CDT) to receive public comment on the proposed 1115 Texas Healthcare Transformation Quality Improvement Program (THTQIP) Waiver Extension Application.

HEARING DETAILS

The public hearing will be held at HHSC, Brown-Heatly Building, Public Hearing Room, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building facing Lamar Blvd.

The hearing will also be conducted virtually through GoToWebinar. To listen only, visit https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. To provide oral comments, visit http://texashhsmeetings.org/1115Waiver_June152021.

PUBLIC COMMENT

Instructions for providing public testimony and/or public comment are included in this week’s edition of the Texas Register (46 Tex Reg 3442).

46 TexReg 3442

May 28, 2021: In Addition HHSC intends to request an extension and amendment of the 1115 Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver

OVERVIEW

The Health and Human Services Commission (HHSC) announces its intent to submit to the Centers for Medicare & Medicaid Services (CMS) a request to extend and to amend the Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver under section 1115 of the Social Security Act. The extension request reflects the same terms and conditions agreed to and approved by the Centers for Medicare and Medicaid Services (CMS) on January 15, 2021, subject to any pending waiver amendments.

Additional details about the proposal are included in this week’s edition of the Texas Register (46 Tex Reg 3442).

HEARING DETAILS

1115 Transformation Waiver: Extension Application Public Hearing on June 2, 2021, at 10:00 am on the campus of UT Southwestern Medical Center, T. Boone Pickens Building, Auditorium, 6001 Forest Park Road, Dallas, Texas 75235. (Located between Inwood Road and Mockingbird Lane, and between Maple Avenue and Harry Hines Boulevard). This is an in-person and virtual hearing. To participate virtually, members of the public must register at http://texashhsmeetings.org/1115Waiver_June22021.

Medical Care Advisory Committee will be held on June 10, 2021, at 9:00 am. This is a virtual-only meeting. Members of the public must register for the meeting at http://texashhsmeetings.org/MCAC_PCReg_June2021.

1115 Transformation Waiver: Extension Application Public Hearing on June 15, 2021, at 10:00 am at the Health and Human Services Commission, Brown-Heatly Building, Public Hearing Room, 4900 North Lamar Blvd., Austin, Texas 78751. This is an in-person and virtual hearing. A link to the webcast and virtual registration for commenters wishing to provide testimony during the hearing will be included in the agenda posted in the Texas Register and on the HHSC’s website.

PUBLIC COMMENT

Instructions for providing public comment are included in this week’s edition of the Texas Register (46 Tex Reg 3442).

Texas Juvenile Justice Agency

May 28, 2021: Proposed Rules Repealing 37 TAC, Chapter 353 in its entirety to allow for the reorganization of rules governing substance abuse treatment programs

CHAPTER 353. SUBSTANCE ABUSE TREATMENT PROGRAM

OVERVIEW

The Texas Juvenile Justice Department (TJJD) proposes to repeal the following sections located in 37 TAC, Part 11, Chapter 353, relating to substance abuse treatment programs:

Subchapter A (§§353.101 – 353.107) – Definitions and General Provisions

Subchapter B (§§353.201 – 353.214, 353.216 – 353.218) – Standard of Care Applicable to All Providers

Subchapter E (§§353.502 -; 353.504, 353.507, 353.508) – Substance Abuse Program Requirements

Subchapter F (§§353.601 – 353.603) – Personnel Practices and Development

Subchapter G (§353.701, §353.704) – Client Rights

Subchapter H (§§353.801 – 353.805) – Screening and Assessment

Subchapter I (§§353.901 – 353.909) – Treatment Program Services

BACKGROUND AND JUSTIFICATION

The repeals will allow for the content to be revised and republished within new Chapter 353.

46 TexReg 3363

May 28, 2021: Proposed Rules New 37 TAC §§353.101 – 353.105, establishing general requirements for substance use disorder treatment programs

CHAPTER 353. SUBSTANCE USE DISORDER TREATMENT PROGRAMS

SUBCHAPTER A. DEFINITIONS AND GENERAL PROVISIONS

37 TAC §§353.101 – 353.105

OVERVIEW

The Texas Juvenile Justice Department (TJJD) proposes new Texas Administrative Code Chapter 353, Subchapter A, which includes §§353.101 – 353.105, relating to Substance Use Disorder Treatment Programs.

SECTION-BY-SECTION SUMMARY

New §353.101 defines terms used in the chapter.

New §353.102 establishes the purpose for the rules in this chapter.

New §353.103 explains what types of facilities or programs are subject to the requirements of this chapter, provides guidance for understanding how certain terms are used, and establishes that other chapters also apply to facilities or programs subject to this chapter.

New §353.104 explains when a juvenile board or designee must notify TJJD concerning the creation or discontinuation of a substance use disorder treatment program.

New §353.105 allows waivers or variances of standards in this chapter.

46 TexReg 3369

May 28, 2021: Proposed Rules New 37 TAC §§353.201 – 353.205, establishing new requirements for substance use disorder treatment providers

CHAPTER 353. SUBSTANCE USE DISORDER TREATMENT PROGRAMS

SUBCHAPTER B. PROVIDERS

37 TAC §§353.201 – 353.205

OVERVIEW

The Texas Juvenile Justice Department (TJJD) proposes new Texas Administrative Code Chapter 353, Subchapter B, which includes §§353.201 – 353.205, relating to Substance Use Disorder Treatment Programs.

SECTION-BY-SECTION SUMMARY

New §353.201 establishes basic standards that providers of substance use disorder treatment must adhere to.

New §353.202 requires providers to offer services and use techniques that are within their scope of practice and limitations of their abilities.

New §353.203 requires the juvenile justice facility or program to verify and document certain qualifications of treatment providers and requires facilities and programs to document compliance with Texas Civil Practices and Remedies Code §81.003.

New §353.204 requires providers to adhere to the professional codes of ethics in their fields and requires facilities and programs to report suspected unethical conduct in accordance with the rules of the appropriate regulatory body.

New §353.205 requires a facility or program that uses LCDC interns to be registered with the Department of State Health Services as a clinical training institution and to comply with applicable requirements.

46 TexReg 3371

May 28, 2021: Proposed Rules New 37 TAC §§353.301 – 353.314, establishing new requirements for the operation of substance use disorder treatment programs

CHAPTER 353. SUBSTANCE USE DISORDER TREATMENT PROGRAMS

SUBCHAPTER C. TREATMENT PROGRAM REQUIREMENTS

37 TAC §§353.301 – 353.314

OVERVIEW

The Texas Juvenile Justice Department (TJJD) proposes new Texas Administrative Code Chapter 353, Subchapter C, which includes §§353.301 – 353.314, relating to Substance Use Disorder Treatment Programs.

SECTION-BY-SECTION SUMMARY

New §353.301 establishes the rights of clients in substance use disorder treatment programs and requires clients to be notified of these rights.

New §353.302 establishes various requirements concerning client records in areas such as creation, storage, preservation, access, and confidentiality, and requires the treatment program to adopt written policies regarding confidentiality of substance use disorder treatment records.

New §353.303 establishes general requirements for documentation created by a treatment program.

New §353.304 establishes general requirements concerning the location and environment in which services are provided.

New §353.305 lists several requirements pertaining to the policies and procedures of the treatment program.

New §353.306 describes who is eligible for admission to a treatment program and the required elements of the assessment process.

New §353.307 establishes who may authorize admission to a treatment program and establishes various requirements relating to information that must be provided to the client and the consenter.

New §353.308 establishes requirements concerning the creation, contents, review, updating, and documentation of the treatment plan.

New §353.309 establishes requirements in areas such as group size, curriculum, educational information, and qualifications of staff that apply to all levels and types of substance use disorder treatment programs.

New §353.310 establishes minimum requirements for service delivery at the intensive service level and the specialized service level within a residential treatment program.

New §353.311 establishes minimum requirements for service delivery in day treatment programs.

New §353.312 requires outpatient programs to provide certain services in accordance with the client’s needs.

New §353.313 addresses the responsibilities of the sending treatment program to provide for continuity of care when a client is transferred to another treatment program.

New §353.314 establishes the responsibilities of the treatment program for discharging a client from treatment, including the required elements of a discharge plan and a discharge summary.

46 TexReg 3372

Texas Optometry Board

May 28, 2021: Proposed Rules Amending 22 TAC §271.2 to update the deadline for license application and fee payment

CHAPTER 271. EXAMINATIONS

22 TAC §271.2

OVERVIEW

The Texas Optometry Board proposes amendments to §271.2, Applications. Specifically, the Texas Optometry Board proposes an amendment to the deadline for the completed application and examination fee requirements.

BACKGROUND AND JUSTIFICATION

The Texas Optometry Board updated its policies regarding the availability of examinations for students and the proposed rule changes are simple changes that go along with the update to the examination schedule. The amendment is necessary to protect the health, safety, and welfare of the residents of this state. The amendment applies to all prospective licensees and it is predicted that there will be no additional economic costs subject to the amendment.

46 TexReg 3359

May 28, 2021: Proposed Rules New 22 TAC §275.3, establishing a digital tracking system for continuing education requirements

CHAPTER 275. CONTINUING EDUCATION

22 TAC §275.3

The Texas Optometry Board proposes new §275.3 Continuing Education Tracking System, which will require licensees to submit continuing education certificates digitally to a digital continuing education tracking platform. This new rule creates clear requirements for continuing education reporting as of January 1, 2022.

46 TexReg 3360

May 28, 2021: Adopted Rules New 22 TAC §273.16, requiring licensees to cooperate with requests from the agency during an investigation and/or inspection

CHAPTER 273. GENERAL RULES

22 TAC §273.16

At the May 7, 2021 meeting of the Texas Optometry Board, the Board moved unanimously to adopt new §273.16 without changes to the proposed text published in the March 5, 2021, issue of the Texas Register (46 TexReg 1452). The rule will not be republished.

This rule creates clear requirements of a licensee’s obligations during an investigation and/or inspection. This rule will increase the agency’s ability to obtain relevant information in an investigation and/or inspection within a reasonable time frame in order to resolve matters in a timely manner.

46 TexReg 3393

May 28, 2021: Adopted Rules Amending 22 TAC §275.2 to clarify continuing education requirements related to the human trafficking course

CHAPTER 275. CONTINUING EDUCATION

22 TAC §275.2

At the May 7, 2021, meeting of the Texas Optometry Board, the Board moved unanimously to adopt amendments to rule 275.2(g)(3) with changes to the proposed text as published in the March 5, 2021, issue of the Texas Register (46 TexReg 1453). The Texas Optometry Board implemented a biennial renewal system as of January 1, 2021. The rule will be republished.

The amended rule simply clarifies the requirements of the human trafficking requirement during the transition to the biennial license.

Texas State Board of Examiners of Psychologists

May 28, 2021: Withdrawn Rule Withdrawing the proposed amendment to 22 TAC §465.13, which intended to clarify rules governing personal problems, conflicts and dual relationships

CHAPTER 465. RULES OF PRACTICE

22 TAC §465.13

OVERVIEW

The Texas State Board of Examiners of Psychologists withdraws the proposed amended §465.13 which appeared in the February 19, 2021, issue of the Texas Register (46 TexReg 1175).

JUSTIFICATION FOR PREVIOUS PROPOSAL

Currently the rule requires licensees to refrain from entering into a professional relationship where another relationship is likely to cause harm or impair the licensee’s objectivity. A licensee is also prohibited from withdrawing from a professional relationship for the purpose of entering into a personal, financial, or other relationship with a patient or client. Additionally, licensees must withdraw from a professional relationship if it conflicts with their ability to comply with all applicable statutes and rules. The intent of the proposed amendment is to clarify these requirements that are currently in the rule.

46 TexReg 3379

May 28, 2021: Adopted Rules Amending 22 TAC §463.10 to update requirements for applying for psychologist licensure under the “substantially equivalent” clause

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

SUBCHAPTER B. LICENSING REQUIREMENTS

22 TAC §463.10

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §463.10, relating to Licensed Psychologists. Section 463.10 is adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1162) and will not be republished.

BACKGROUND AND JUSTIFICATION

Section 463.10(b)(3)(B) required applicants with a doctoral degree conferred prior to January 1, 1979, that intend to apply for licensure under the substantial equivalence clause to provide information regarding the instructors in the courses submitted as substantially equivalent. Substantial equivalence of the degree’s courses is evaluated but the instructors for the courses are not. Therefore, this part of the rule is unnecessary and has been repealed.

46 TexReg 3394

May 28, 2021: Adopted Rules Amending 22 TAC §463.35 to update professional development requirements

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

SUBCHAPTER F. PROFESSIONAL DEVELOPMENT

22 TAC §463.35

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §463.35, relating to Professional Development. Section 463.35 is adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1165) and will not be republished.

BACKGROUND AND JUSTIFICATION

Currently §463.35(a) requires a minimum of 40 hours of professional development be completed during each license renewal period. Part of §463.35(e) required professional development activities not to be used for credit in more than one renewal period. This part of §463.35(e) was redundant and unnecessary and is therefore repealed.

46 TexReg 3395

May 28, 2021: Adopted Rules Repealing 22 TAC §463.40 to allow for the implementation of updated rules regarding licensing of persons with a criminal record

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

SUBCHAPTER G. CRIMINAL HISTORY AND LICENSE ELIGIBILITY

22 TAC §463.40

OVERVIEW

The Texas Behavioral Health Executive Council adopts the repeal §463.40, relating to Ineligibility Due to Criminal History. Section 463.40 is repealed without changes to the text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1167) and will not be republished. This adopted repeal corresponds with the adoption of a new rule elsewhere in this edition of the Texas Register.

BACKGROUND AND JUSTIFICATION

The adopted repeal of this rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. This adopted repeal standardizes the Executive Council and all other Board rules regarding the licensing of persons with criminal convictions. The Executive Council has adopted a new rule, in this edition of the Texas Register, which concern the same subject matter, details, and requirements found in this rule, therefore the repeal of this rule is necessary.

46 TexReg 3396

May 28, 2021: Adopted Rules New 22 TAC §463.40, establishing new licensing requirements for persons with a criminal record

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

SUBCHAPTER G. CRIMINAL HISTORY AND LICENSE ELIGIBILITY

22 TAC §463.40

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §463.40, relating to Licensing of Persons with Criminal Convictions. Section 463.40 is adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1168) and will not be republished.

BACKGROUND AND JUSTIFICATION

The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. This new rule is intended to standardize the Executive Council and all Board rules regarding the licensing of persons with criminal convictions.

46 TexReg 3397

May 28, 2021: Adopted Rules Amending 22 TAC §465.1 to eliminate an unnecessary definition related to professional standards

CHAPTER 465. RULES OF PRACTICE

22 TAC §465.1

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §465.1, relating to Definitions. Section 465.1 is adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1170) and will not be republished.

BACKGROUND AND JUSTIFICATION

Section 465.1(12) defined the term “professional standards”, but this definition was not utilized in 22 Texas Administrative Code Chapter 465 and the definition provided by the rule did not provide much clarification or guidance. Therefore, this defined term was unnecessary and it has been repealed.

46 TexReg 3398

May 28, 2021: Adopted Rules Amending 22 TAC §465.2 to update requirements for remote supervision

CHAPTER 465. RULES OF PRACTICE

22 TAC §465.2

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §465.2, relating to Supervision. Section 465.2 is adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1172) and will not be republished.

BACKGROUND AND JUSTIFICATION

Currently the rule allows licensees to provide supervision by remote or electronic means if it is synchronous, e.g. live audiovisual means. The amended rule will still allow for all supervision to be conducted by synchronous remote or electronic means but up to half of the required supervision may be conducted by asynchronous means, e.g. email.