Texas Register January 3, 2020 Volume: 45 Number: 1

Texas Register Table of Contents

Office of the Attorney General

 

Opinions

Request for Opinion re: hearing on application for court-ordered mental health services and official court reporter

RQ-0321-KPRequestor:The Honorable Heather StebbinsKerr County AttorneyRe: Whether a hearing on an application for court-ordered mental health services conducted pursuant to section 574.031 of the Health and Safety Code must be recorded by an official court reporter (RQ-0321-KP)


Texas Department of Insurance

Emergency Rule

Disclosures by out-of-network providers necessary to timely implement exceptions to balance billing prohibitions in Insurance Code

PART 1. TEXAS DEPARTMENT OF INSURANCECHAPTER 21. TRADE PRACTICESSUBCHAPTER OO. DISCLOSURES BY OUT-OF-NETWORK PROVIDERS28 TAC §§21.4901 – 21.4904The Commissioner of Insurance adopts new 28 TAC §§21.4901 – 21.4904, concerning disclosures by out-of-network providers, on an emergency basis, effective January 1, 2020. The emergency adoption is necessary to timely implement exceptions to balance billing prohibitions in Insurance Code §§1271.157, 1271.158, 1301.164, 1301.165, 1551.229, 1551.230, 1575.172, 1575.173, 1579.110, and 1579.111, as enacted by Senate Bill 1264, 86th Legislature, Regular Session (2019).REASONED JUSTIFICATION. The new rules interpret and implement SB 1264, which prohibits balance billing for certain health benefit claims under certain health benefit plans; provides exceptions to balance billing prohibitions; and authorizes an independent dispute resolution process for claim disputes between certain out-of-network providers and health benefit plan issuers and administrators.SB 1264’s balance billing protections generally apply to enrollees of health benefit plans offered by insurers and health maintenance organizations that the department regulates, as well as to the Texas Employees Group, the Texas Public School Employees Group, and the Texas School Employees Uniform Group. The changes to law made by the bill apply to health care and medical services or supplies provided on or after January 1, 2020.The new rules implement the exceptions to balance billing prohibitions found in Insurance Code §§1271.157, 1271.158, 1301.164, 1301.165, 1551.229, 1551.230, 1575.172, 1575.173, 1579.110, and 1579.111. The exceptions to balance billing prohibitions are only applicable in non-emergencies when a health benefit plan enrollee elects to receive covered health care or medical services or supplies from a facility-based provider that is not a participating provider for a health benefit plan, if the service or supply is provided at a health care facility that is a participating provider; or from a diagnostic imaging provider or laboratory service provider that is not a participating provider for a health benefit plan, if the service or supply is provided in connection with a health care or medical service or supply provided by a participating provider.New §21.4901 addresses the purpose and applicability of new Subchapter OO.New §21.4902 provides that words and terms defined in Insurance Code Chapter 1467 have the same meaning when used in Subchapter OO, unless the context clearly indicates otherwise.New §21.4903 clarifies that, for purposes of the exceptions to the balance billing prohibitions, an enrollee’s election is only valid if the enrollee has a meaningful choice between an in-network provider and an out-of-network provider, the enrollee was not coerced by another provider or their health benefit plan into selecting the out-of-network provider, and the enrollee signs a notice and disclosure statement at least ten business days before the service or supply is provided acknowledging that the enrollee may be liable for a balance bill and chooses to proceed with the service or supply anyway. Only an out-of-network provider that chooses to balance bill an enrollee is required to provide a notice and disclosure statement to the enrollee. The out-of-network provider may choose to participate in SB 1264’s claim dispute resolution process instead of balance billing an enrollee. New §21.4903 also adopts by reference the notice and disclosure statement that must be filled out by the out-of-network provider and given to the enrollee if the provider chooses to balance bill.New §21.4904 requires health benefit plans to help their enrollees determine their financial responsibility for a service or supply for which a notice and disclosure statement has been provided, consistent with Insurance Code §1661.002.


Texas Health and Human Services Commission

Proposed Rules

An amendment to §355.8201, concerning Waiver Payments to Hospitals for Uncompensated Care

PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSIONCHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT1 TAC §355.8201The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §355.8201, concerning Waiver Payments to Hospitals for Uncompensated Care.BACKGROUND AND PURPOSEThe Health and Human Services Commission received federal approval to create the Uncompensated Care (UC) pool via a waiver from section 1115 of the Social Security Act. The UC pool’s role in Medicaid financing, as described in this section, is to provide supplemental payments to hospitals for the cost of uncompensated care resulting from the Medicaid shortfall and providing care to persons without insurance. As part of the UC application process, historic utilization and cost data are used to estimate the amount of the UC funds for which a hospital may be eligible. A reconciliation of actual utilization and cost data with the estimated data occurs two years after receipt of a UC payment. This process ensures a hospital did not receive more funding than allowed per its hospital specific limit.The UC application process allowed hospitals the option to request that cost and payment data from the data year be adjusted to reflect increases or decreases in costs resulting from changes in operation or circumstances. If a hospital requested an adjustment, it would be subject to a secondary reconciliation process.The purpose of the proposal is to eliminate the requirement that a secondary reconciliation be performed for a hospital that submitted a request for an adjustment to cost and payment data for their UC application for demonstration year (DY) 2 (October 1, 2012, to September 30, 2013). The UC applicants did not have the benefit of fully knowing the consequences of requesting an adjustment before they submitted their UC applications. The adjustments were requested prior to the effective date of the rule amendment that required a secondary reconciliation process to occur if cost and payment data adjustments were requested.SECTION-BY-SECTION SUMMARYThe proposed amendment of §355.8201(i)(3) eliminates the secondary reconciliation process for hospitals that requested an adjustment to their UC application for DY 2 (October 1, 2012, to September 30, 2013). 


Texas Department of Licensing and Regulation

Proposed Rules

Requiring practitioners to complete courses in human trafficking and opioid training courses; fees applicable for Active Duty Military Members ($0), and Podiatric Medical Radiological Technicians ($25).

CHAPTER 130. PODIATRIC MEDICINE PROGRAMThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter D, §§130.42, 130.44, and 130.45; Subchapter E, §§130.53, 130.56, and 130.58; Subchapter F, §130.60; and Subchapter G, §130.72; and new proposed rule Subchapter E, §130.59, regarding the Podiatry Program. These proposed changes are referred to as “proposed rules.”EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 130, implement Texas Occupations Code, Chapter 202, Podiatrists.The proposed rules require practitioners to complete a human trafficking training course as required by HB 2059 and the newly-created Chapter 116 of the Occupations Code.The proposed rules establish limits on prescribing opioids for acute pain, address electronic prescribing, and require continuing education on prescribing and monitoring controlled substances. These rules implement HB 2174, HB 3284, and HB 3285, which revised the Texas Controlled Substances Act in Chapter 481 of the Health and Safety Code.The proposed rules also clarify the scope of delegation permitted and allow for a podiatrist to delegate to a qualified and properly trained podiatric medical assistant as outlined in HB 2847. Implementing a transfer from the Texas Medical Board to the Department’s regulatory authority in HB 2847, the proposed rules provide for the regulation of podiatric medical radiological technicians and establish a fee for this license.The proposed rules update the administrative penalties and sanctions for podiatrists, implementing HB 1899 and Occupations Code, Chapter 108, as well as penalties for improperly accessing the Texas Prescription Monitoring Program provided for in HB 3284 and the Texas Controlled Substances Act.Finally, the proposed rules provide for the orderly transition of assessing continuing medical education hours as the Department transitions to biennial podiatric license terms. Biennial license terms were adopted in a previous rulemaking and made effective September 1, 2019, (44 TexReg 4725).The proposed rules were presented to and discussed by the Podiatric Medical Examiners Advisory Board at its meeting on November 18, 2019. The Advisory Board made the following changes to the proposed rules: removed duplicate comma in §130.53(c). The Advisory Board voted and recommended that the proposed rules with changes be published in the Texas Register for public comment.SECTION-BY-SECTION SUMMARYThe proposed rules amend §130.42 to require the completion of human trafficking prevention training for each renewal on or after September 1, 2020. This training is required by Texas Occupations Code §116.003.The proposed rules amend §130.44 to require two hours of continuing medical education (CME) related to prescribing and monitoring controlled substances prior to the first anniversary of podiatric medical licensure. The amendment requires one hour of CME covering best practices, alternative treatment options, and multimodal approaches to pain management for podiatrists whose practice involves the prescription and dispensation of opioids. Additionally, the amendment revises the CME due date requirements and provides a guide to transition for CME requirements as the Department moves podiatric license renewal to biennial periods.The proposed rules amend §130.45, by deleting subsection (f), which was duplicative of a similar subsection in §130.44.The proposed rules amend §130.53, by establishing regulatory authority over podiatric medical radiological technicians as created by HB 2847. The amendment also specifies a requirement of 60 x-rays for student training and requires completion of human trafficking prevention training for each renewal on or after September 1, 2020. The amendment deletes a reference to an act of moral turpitude as grounds for the Department to refuse renewal of a podiatric medical radiology technician license.The proposed rules amend §130.56 to clarify the scope of delegated authority from a podiatrist to a podiatric medical assistant.The proposed rules amend §130.58 to permit a podiatrist to designate an agent to communicate prescriptions to a pharmacist. Additionally, the amendment specifies that unauthorized access of the Texas Prescription Monitoring Program (PMP) is grounds for disciplinary action by the Department.The proposed rules create new §130.59 that outlines the limits on the prescription of opioids to treat acute pain. The new section also requires the electronic prescription of all controlled substance prescriptions after September 1, 2021, and provides a list of exceptions for this requirement.The proposed rules amend §130.60 to provide the fees applicable for Active Duty Military Members ($0), and Podiatric Medical Radiological Technicians ($25).The proposed rules amend §130.72 to establish grounds for disciplinary actions and sanctions based upon improper access and dissemination of information obtained from the PMP. Additionally, the amendment incorporates denial of licensure, and suspension or revocation of licenses, for offenses identified in Chapter 108, Subchapter B, of the Occupations Code.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments concerning removal of failure to repay a student loan as a ground for discipline for a pharmacy technician or a pharmacy technician trainee registration

22 TAC §281.9The Texas State Board of Pharmacy proposes amendments to §281.9, concerning Grounds for Discipline for a Pharmacy Technician or a Pharmacy Technician Trainee. The amendments, if adopted, remove failing to repay a student loan as a ground for discipline of a pharmacy technician or a pharmacy technician trainee registration, in accordance with Senate Bill 37.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas, 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments concerning the board’s ability to consider arrests as an item in determining the reinstatement of an applicant’s previously revoked or canceled license or registration

SUBCHAPTER C. DISCIPLINARY GUIDELINES22 TAC §281.66The Texas State Board of Pharmacy proposes amendments to §281.66, concerning Application for Reissuance or Removal of Restrictions of a License or Registration. The amendments, if adopted, remove arrests as an item the board may consider in determining the reinstatement of an applicant’s previously revoked or canceled license or registration, in accordance with Senate Bill 1217.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas, 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments concerning automatic denial of a pharmacist licensure application or revocation of a pharmacist license for certain criminal offenses

22 TAC §281.69The Texas State Board of Pharmacy proposes new §281.69, concerning Automatic Denial or Revocation. The new rule, if adopted, provides for the automatic denial of a pharmacist licensure application or revocation of a pharmacist license for certain criminal offenses, in accordance with House Bill 1899.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Re: requiring a surety bond for investigations of pharmacies that involve section 565.002(a)(7) or (10) of the Pharmacy Act

22 TAC §281.70The Texas State Board of Pharmacy proposes a new rule §281.70, concerning Surety Bond. The new rule, if adopted, specifies that the board may require a surety bond if an investigation of a pharmacy involves section 565.002(a)(7) or (10) of the Pharmacy Act, in accordance with House Bill 3496.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments concerning a requirement for an applicant for a pharmacy license to submit a sworn disclosure statement

22 TAC §291.1The Texas State Board of Pharmacy proposes amendments to §291.1, concerning Pharmacy License Applications. The amendments, if adopted, clarify that an applicant for a pharmacy license must submit a sworn disclosure statement, in accordance with House Bill 3496, and correct a grammatical error.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas, 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Re: required notifications of a change of managing officer or applications for change of ownership to include an updated sworn disclosure statement

22 TAC §291.3The Texas State Board of Pharmacy proposes amendments to §291.3, concerning Required Notifications. The amendments, if adopted, clarify that notification to the Board of a change of managing officer or application for change of ownership shall include an updated sworn disclosure statement, in accordance with House Bill 3496, and correct grammatical errors.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Re: requirement for a pharmacy license applicant to submit a sworn disclosure statement

22 TAC §291.4The Texas State Board of Pharmacy proposes a new §291.4, concerning Sworn Disclosure Statements. The new rule, if adopted, creates a requirement for a pharmacy license applicant to submit a sworn disclosure statement, in accordance with House Bill 3496.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.

Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments re: additional requirement to submit a sworn disclosure statement with a pharmacy license renewal

22 TAC §291.14The Texas State Board of Pharmacy proposes amendments to §291.14, concerning Pharmacy License Renewal. The amendments, if adopted, add a requirement to submit a sworn disclosure statement, in accordance with House Bill 3496, and correct a grammatical error.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments re: removal of an outdated reference to the Department of Public Safety in the pharmacy records maintenance statute

SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.34The Texas State Board of Pharmacy proposes amendments to §291.34, concerning Records. The amendments, if adopted, remove an outdated reference to the Department of Public Safety and correct grammatical errors.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments re: requirement for one hour of continuing education on pain management instead of opioid abuse to return an inactive license to active status

22 TAC §295.9The Texas State Board of Pharmacy proposes amendments to §295.9, concerning Inactive Licenses. The amendments, if adopted, add a requirement for one hour of continuing education on pain management as specified in section 481.0764 of the Texas Controlled Substances Act, and remove a requirement for one hour of continuing education on opioid abuse, with respect to returning inactive licenses to active status.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments re: the circumstances under which physician delegation to a pharmacist of specific acts of drug therapy management may occur

22 TAC §295.13The Texas State Board of Pharmacy proposes amendments to §295.13, concerning Drug Therapy Management by a Pharmacist under the Written Protocol of a Physician. The amendments, if adopted, specify the circumstances under which physician delegation to a pharmacist of specific acts of drug therapy management may occur, in accordance with Senate Bill 1056.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Proposed Amendments to remove the effective date from the short title and add a requirement for a person dispensing a Schedule II controlled substance to provide written notice on the safe disposal of controlled substance prescription drugs

CHAPTER 315. CONTROLLED SUBSTANCES22 TAC §315.3The Texas State Board of Pharmacy proposes amendments to §315.3, concerning Prescriptions – Effective September 1, 2016. The amendments, if adopted, remove the effective date from the short title and add a requirement for a person dispensing a Schedule II controlled substance prescription to provide written notice on the safe disposal of controlled substance prescription drugs, in accordance with House Bill 2088.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Proposed Rules

Re: establishment of policy and procedures for a patient or the patient’s legal guardian to obtain copy of patient’s Prescription Monitoring Program prescription record

22 TAC §315.16The Texas State Board of Pharmacy proposes a new rule §315.16, concerning Patient Access to Prescription Monitoring Program Prescription Record. The new rule, if adopted, establishes the policy and procedures for a patient or the patient’s legal guardian to obtain a copy of the patient’s Prescription Monitoring Program prescription record, in accordance with House Bill 3284.Written comments on the proposed rule may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas Medical Board

Adopted Rules

Re: Expedited Licensure for certain applicants who also hold an out-of-state license in good standing

TITLE 22. EXAMINING BOARDSPART 9. TEXAS MEDICAL BOARDCHAPTER 163. LICENSURE22 TAC §163.13The Texas Medical Board (Board) adopts amendments to Title 22, Part 9, §163.13, concerning Expedited Licensure with non-substantive changes, described below, to the proposed text as published in the November 8, 2019, issue of the Texas Register (44 TexReg 6666). The rule will be republished.Deletions in text of section (c) were made because the language was an unnecessary statement of intent.The Board has determined that the public benefit anticipated as a result of enforcing this adoption will be to allow for qualified and experienced physicians who have practiced successfully in other states to obtain expedited licensure in Texas.The adopted amendment to §163.13, relating to Expedited Licensure is amended to implement a legislative mandate in H.B. 1504 (86th Regular Legislative Session) requiring the Board to develop an expedited licensing process for certain applicants who also hold an out-of-state license in good standing.No written comments were received. No one appeared in person to testify regarding the rules at the public hearing on December 6, 2019.The amendments are adopted under the authority of the Texas Occupations Code Annotated, 155.0561, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act.The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.Filed with the Office of the Secretary of State on December 16, 2019.


Texas Medical Board

Adopted Rules

Adopted Amendments concerning Purpose, Definitions, Expert Panel Qualifications, and Expert Physician Reviewers

CHAPTER 182. USE OF EXPERTSThe Texas Medical Board (Board) adopts amendments to 22 TAC §182.1, concerning Purpose, §182.3, concerning Definitions, §182.5, concerning Expert Panel Qualifications, and §182.8, concerning Expert Physician Reviewers, without changes to the proposed text as published in the November 1, 2019, issue of the Texas Register (44 TexReg 6491). The rules will not be republished.The amendments are adopted under the authority of the Texas Occupations Code Annotated, 153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act.Filed with the Office of the Secretary of State on December 16, 2019.


Texas Medical Board

Adopted Rules

Adopted Repeals concerning Board’s Role, Use of Consultants, Use of Expert Witnesses, and Interim Appointment

CHAPTER 182. USE OF EXPERTSThe Texas Medical Board (Board) adopts the repeal of 22 TAC §§182.2, 182.4, 182.6, 182.7, without changes to the proposed text as published in the November 1, 2019, issue of the Texas Register (44 TexReg 6491). The rules will not be republished.The repeals are adopted under the authority of the Texas Occupations Code Annotated, 153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act.Filed with the Office of the Secretary of State on December 16, 2019.


Texas Department of Insurance

Adopted Rules

Adopted Amendments concerning 2020 assessment of maintenance taxes and fees imposed by the Insurance Code

TITLE 28. INSURANCEPART 1. TEXAS DEPARTMENT OF INSURANCECHAPTER 1. GENERAL ADMINISTRATIONSUBCHAPTER C. ASSESSMENT OF MAINTENANCE TAXES AND FEES28 TAC §1.414The Commissioner of Insurance adopts amendments to 28 TAC §1.414, relating to the 2020 assessment of maintenance taxes and fees imposed by the Insurance Code. The department adopts the amendments to §1.414 without changes to the proposed text published in the November 8, 2019, issue of the Texas Register (44 TexReg 6679). The rule text will not be republished.REASONED JUSTIFICATION. The amendments are necessary to adjust the rates of assessment for maintenance taxes and fees for 2020 on the basis of gross premium receipts for calendar year 2019.Section 1.414 includes rates of assessment to be applied to life, accident, and health insurance; motor vehicle insurance; casualty insurance and fidelity, guaranty, and surety bonds; fire insurance and allied lines, including inland marine; workers’ compensation insurance; workers’ compensation self-insured groups; title insurance; health maintenance organizations (HMOs); third party administrators; and workers’ compensation certified self-insurers.


Texas State Board of Pharmacy

Notices

Texas State Board of Pharmacy files notice of intent to review Chapter 283, (§§283.1 – 283.12), concerning Licensing Requirements for Pharmacists

Texas State Board of PharmacyTitle 22, Part 15The Texas State Board of Pharmacy files this notice of intent to review Chapter 283, (§§283.1 – 283.12), concerning Licensing Requirements for Pharmacists, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Notices

Texas State Board of Pharmacy files notice of intent to review Chapter 291, Subchapter B (§§291.31 – 291.36), concerning Pharmacies (Community Pharmacy (Class A))

The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, Subchapter B (§§291.31 – 291.36), concerning Pharmacies (Community Pharmacy (Class A)), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

Notices

Texas State Board of Pharmacy files notice of intent to review Chapter 315, (§§315.1 – 315.14), concerning Controlled Substances

The Texas State Board of Pharmacy files this notice of intent to review Chapter 315, (§§315.1 – 315.14), concerning Controlled Substances, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Megan G. Holloway, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., February 3, 2020.


Texas State Board of Pharmacy

In Addition

Notice of designation of St. Elizabeth Medical Group HC dba Bay Area House Calls as practice serving a medically underserved population

Department of State Health ServicesDesignation of a Practice Serving a Medically Underserved PopulationThe Texas Department of State Health Services (department) is required under Texas Occupations Code §157.051 to designate practices serving a medically underserved population. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.Accordingly, the department has proposed designating the following as a practice serving a medically underserved population: St. Elizabeth Medical Group HC dba Bay Area House Calls, 1501 North Amburn Road, Suite 9, Texas City, Texas 77591. The designation is based on eligibility as a practice serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.Oral and written comments on this designation may be directed to Anne Nordhaus, MA, Research Specialist, Health Professions Resource Center – Mail Code 1898, Center for Health Statistics, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; (512) 776-3862 (phone); (512) 776-7344 (fax); or hprc@dshs.texas.gov (email). Comments will be accepted for 30 days from the publication date of this notice.