Texas Register May 22, 2020 Volume: 45 Number: 21

Texas Register Table of Contents

1
- - 1.0.1
    - 1.0.1.1
2 Governor
- - 2.0.1 Notices
    - 2.0.1.1 Proclamation 41-3734: Renewing the disaster proclamation for all Texas counties in response to COVID-19
3 Governor
- - 3.0.1 Notices
    - 3.0.1.1 Proclamation 41-3735: Renewing the disaster proclamation for 60 Texas counties in continued response to Hurricane Harvey
4 Texas Department of State Health Services
- - 4.0.1 Emergency Rule
    - 4.0.1.1 Amending 25 TAC §448.911 to temporarily allow Chemical Dependency Treatment Facilities to provide services through electronic means
5 Texas Medical Board
- - 5.0.1 Withdrawn Rule
    - 5.0.1.1 Withdrawing proposed amendments to 22 TAC §§193.5, 193.13, 193.17 and proposed new §193.21, relating to physician liability for delegated acts
6 Texas Board of Physical Therapy Examiners
- - 6.0.1 Notices
    - 6.0.1.1 Board intends to review fifteen chapters in 22 TAC and either repeal, readopt, or readopt with amendments
7 Texas Department on Aging and Disability Services
- - 7.0.1 In Addition
    - 7.0.1.1 Correction of error regarding the effective date for previously adopted amendments to 40 TAC §44.302 & §44.442
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Governor

Notices

Proclamation 41-3734: Renewing the disaster proclamation for all Texas counties in response to COVID-19

OVERVIEWIn accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby renew the disaster proclamation for all counties in Texas.Pursuant to Section 418.017, I authorize the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to cope with this declared disaster, I hereby suspend such statutes and rules for the duration of this declared disaster for that limited purpose.BACKGROUND AND JUSTIFICATIONThe Governor’s rationale for issuing Proclamation 41-3734 is listed in this week’s edition of the Texas Register.

Governor

Notices

Proclamation 41-3735: Renewing the disaster proclamation for 60 Texas counties in continued response to Hurricane Harvey

OVERVIEWIn accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby renew the disaster proclamation for the following counties: Aransas, Austin, Bee, Brazoria, Calhoun, Chambers, Colorado, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Harris, Jackson, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Liberty, Live Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Waller, Wharton, Wilson, Angelina, Atascosa, Bastrop, Bexar, Brazos, Burleson, Caldwell, Cameron, Comal, Grimes, Guadalupe, Hardin, Jasper, Kerr, Lee, Leon, Madison, Milam, Montgomery, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Washington, and Willacy.Pursuant to Section 418.017 of the code, I authorize the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.Pursuant to Section 418.016 of the code, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to protect life or property threatened by this declared disaster, I hereby authorize the suspension of such statutes and rules for the duration of this declared disaster.BACKGROUND AND JUSTIFICATIONThe Governor’s rationale for issuing Proclamation 41-3735 is listed in this week’s edition of the Texas Register.

Texas Department of State Health Services

Emergency Rule

Amending 25 TAC §448.911 to temporarily allow Chemical Dependency Treatment Facilities to provide services through electronic means

CHAPTER 448. STANDARD OF CARESUBCHAPTER I. TREATMENT PROGRAM SERVICES25 TAC §448.911OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 25, Texas Administrative Code, Chapter 448 Standard of Care, amendment of §448.911.HHSC is adopting the emergency rule amendment to §448.911(a)(1) to temporarily permit a licensed Chemical Dependency Treatment Facility (CDTF) to provide treatment services through electronic means to adult and adolescent clients in order to reduce the risk of COVID-19 transmission.BACKGROUND AND PURPOSEAs authorized by 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 Government Code §2001.034 may be effective for not 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. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this amendment of Treatment Services Provided by Electronic Means.

Texas Medical Board

Withdrawn Rule

Withdrawing proposed amendments to 22 TAC §§193.5, 193.13, 193.17 and proposed new §193.21, relating to physician liability for delegated acts

CHAPTER 193. STANDING DELEGATION ORDERS22 TAC §§193.5, 193.13, 193.17, 193.21Proposed amended §§193.5, 193.13, 193.17, and new §193.21, published in the November 8, 2019, issue of the Texas Register (44 TexReg 6669), are withdrawn. Amended §193.5 would have clarified that the physician and the delegate relationship applies for providers other than PA and APRN’s. Amended §193.13 would have provided clarifying language relating to delegation to certified nurse anesthetists. Amended §193.17 would have provided clarifying language addressing theresponsibilities of delegating physician and providers while providing non-surgical cosmetic procedures in medspas.New §193.21 would have added requirements to ensure proper oversight by delegating physicians involving radiological studies and treatment plans. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)

Texas Board of Physical Therapy Examiners

Notices

Board intends to review fifteen chapters in 22 TAC and either repeal, readopt, or readopt with amendments

Title 22, Part 16OVERVIEWThe Texas Board of Physical Therapy Examiners (Board) files this notice of intent to review the following chapters of Title 22, Part 16 of the Texas Administrative Code in accordance with Texas Government Code §2001.039, in order to consider whether the reason for adopting the rules continues to exist, and whether the rules should be repealed, readopted, or readopted with amendments:Chapter 321, concerning Definitions Chapter 322, concerning PracticeChapter 323, concerning Powers and Duties of the BoardChapter 325, concerning Organization of the BoardChapter 327, concerning Compensation Chapter 329, concerning Licensing ProcedureChapter 335, concerning Professional TitleChapter 337, concerning Display of LicenseChapter 339, concerning FeesChapter 341, concerning License RenewalChapter 342, concerning Open RecordsChapter 343, concerning Contested Case ProcedureChapter 344, concerning Administrative Fines and PenaltiesChapter 346, concerning Practice Settings for Physical TherapyChapter 348, concerning Physical Therapy Licensure CompactPUBLIC COMMENTComments on the review may be submitted to Karen Gordon, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701-3942 or to karen@ptot.texas.gov. Comments must be received no later than 30 days after the date this notice is published in the Texas Register.Any proposed changes to these rules as a result of the review will be published in a subsequent edition of the Texas Register in the Proposed Rules section and will be open for an additional 30-day public comment period prior to final adoption.

Texas Department on Aging and Disability Services

In Addition

Correction of error regarding the effective date for previously adopted amendments to 40 TAC §44.302 & §44.442

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopted amendments to 40 TAC §44.302 and §44.442 in the May 1, 2020, issue of the Texas Register (45 TexReg 2888). Due to an error by the Texas Register, the effective date was published as May 9, 2020. The correct effective date for each adoption is May 10, 2020.