13 Nov 2020

Texas Register November 13, 2020 Volume: 45 Number: 46

by | posted in: Governor, Texas Council for Developmental Disabilities, Texas Department of Insurance, Texas Health and Human Services Commission, Texas Medical Board, Texas State Board of Examiners of Professional Counselors |

Texas Register Table of Contents

Governor

 

Appointments

Governor appoints one new member and reappoints three members to the Rehabilitation Council of Texas

Appointed to the Rehabilitation Council of Texas, for term to expire October 29, 2023: Erin “Amanda” Bowdoin of Forney, Texas (Ms. Bowdoin is being reappointed);Lindsey R. Geeslin of Lorena, Texas (Ms. Geeslin is being reappointed);Emily R. Robinson of Pflugerville, Texas (replacing Susan M. “Susie” May of Austin, whose term expired);Rodrick D. Robinson of McKinney, Texas (Mr. Robinson is being reappointed).

Texas Medical Board

Emergency Rule

Amending 22 TAC §174.5 to allow physicians to prescribe controlled substances for chronic pain using telemedicine

CHAPTER 174. TELEMEDICINESUBCHAPTER A. TELEMEDICINE22 TAC §174.5OVERVIEWThe Texas Medical Board (Board) adopts, on an emergency basis, amendments to 22 TAC §174.5, effective November 3, 2020, at 12:01 a.m.The emergency amendment would allow physicians to utilize telemedicine to issue refill prescriptions for scheduled medications to established chronic pain patients, if the physician has, within the past 90 days, seen a patient in-person or via a telemedicine visit using two-way audio and video communication.BACKGROUND AND JUSTIFICATIONOn March 13, the Governor of Texas certified COVID-19 as posing an imminent threat of disaster to the public health and safety and declared a state of disaster in all counties of Texas. On March 19, 2020, the Texas Governor issued a waiver suspending the strict enforcement of §174.5(e)(2)(A) which generally prohibits the utilization of telemedicine to prescribe scheduled drugs for the treatment of chronic pain. The waiver was issued in order to protect public health and curb the spread of COVID-19 by providing patients access to schedule drugs needed to ensure on-going treatment of chronic pain and avoid potential adverse consequences associated with the abrupt cessation of pain medication. On November 2, 2020, the Board adopted, on an emergency basis, amendments to 22 TAC §174.5. This rule is set to expire at 11:59 p.m. on January 1, 2021.Therefore, the emergency amendment to §174.5(e) is immediately necessary to help the state’s physicians, physician assistants and other health care professionals continue to mitigate the risk of exposure to COVID-19 and provide necessary medical services to related to issuance of prescriptions including controlled substances for patients. Pursuant to the Governor’s declaration of disaster issued on March 13, 2020, related to COVID-19, physicians can continue to provide telephone refills for prescriptions for established patients after having an in-person or two audio and video communications telemedicine medical services within the last 90 days. This waiver and emergency rule includes allowing a physician to issue a prescription for the treatment of chronic pain with scheduled medications.

Texas Health and Human Services Commission

Proposed Rules

Amending 1 TAC §355.8261 to update reimbursement policies for Federally Qualified Health Centers

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 14. FEDERALLY QUALIFIED HEALTH CENTER SERVICES1 TAC §355.8261OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §355.8261, concerning Federally Qualified Health Center Services Reimbursement.SECTION-BY-SECTION SUMMARYThe proposed amendment to §355.8261(b)(10)(A)(i) specifies that a new FQHC that is included on the cost report of another FQHC (i.e., part of a consolidated cost report) should be assigned the rate of the other FQHC.The proposed amendment to §355.8261(b)(12) and §355.8261(b)(13) includes telemedicine and telehealth services in the definition of a “visit” and a “medical visit.” This change increases transparency and provides additional detail on the existing reimbursement structure for FQHCs.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to comply with Senate Bill 670, 86th Legislature, Regular Session, 2019, which requires HHSC to ensure that a federally qualified health center (FQHC) be reimbursed for a covered telemedicine medical service or telehealth service delivered by a health care provider to a Medicaid recipient. The proposed amendment will also clarify how rates are set for newly enrolled FQHCs that are authorized to be included on a consolidated cost report of another FQHC.

Texas Medical Board

Proposed Rules

New 22 TAC §170.10, establishing requirements for the electronic prescription of controlled substances

CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCESSUBCHAPTER D. ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES22 TAC §170.10OVERVIEWThe Texas Medical Board (Board) proposes new Subchapter D, of 22 TAC Chapter 170 entitled Electronic Prescribing of Controlled Substances, and new §170.10, Electronic Prescribing of Controlled Substances.BACKGROUND AND JUSTIFICATION New §170.10 proposes to outline the process and circumstances in which a physician may obtain a waiver from controlled substance e-prescribing requirements, in accordance with Texas Health and Safety Code §481.0756, as set forth by H.B. 2174 (86th Leg. (2019)).

Texas Department of Insurance

Proposed Rules

Amending 28 TAC §112.102 to update the required scope of liability for worker’s compensation agreements between motor carriers and owner operators

PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATIONCHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.102OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) proposes to amend 28 TAC § 112.102, concerning the scope of liability for compensation. These proposed amendments will conform DWC’s rules to statutory changes made by House Bill 1665, 86th Legislature, Regular Session (2019).SUMMARY OF CHANGES Section 112.102 addresses Agreement between Motor Carriers and Owner Operators. This proposal amends §112.102(b), (d), (e), and (f) to replace “shall” with “must.” The proposal also amends §112.102(f) to remove “the” before “Texas,” as well as “Workers’ Compensation Act” and the comma after “§406.005.” The proposal adds “Labor Code” after “Texas.” These amendments are nonsubstantive but clarify the meaning of the rules and conform them to current agency style.BACKGROUND AND JUSTIFICATIONDWC proposes to delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E will be deleted. The sections in Subchapters B, C, D, and E will not be deleted.

Texas Department of Insurance

Proposed Rules

Amending 28 TAC §112.203 to clarify exceptions to the application of worker’s compensation agreements for certain construction workers

PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATIONCHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.203OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) proposes to amend 28 TAC § 112.203, concerning the scope of liability for compensation. These proposed amendments will conform DWC’s rules to statutory changes made by House Bill 1665, 86th Legislature, Regular Session (2019).SUMMARY OF CHANGESSection 112.203 addresses Exception to Application of Agreement To Affirm Independent Relationship for Certain Building and Construction Workers. This proposal amends §112.203(a) to remove “the Commission and” from the hiring contractor filing requirements. It is consistent with Labor Code changes in HB 1665, 86th Legislature, Regular Session (2019) that now require a copy of a subsequent hiring agreement, to which the joint agreement does not apply, to be filed with DWC only on DWC’s request. This amendment is necessary to reflect DWC’s intent that the agreement no longer must be filed with DWC. DWC also proposes amending §§112.203(b) and 112.203(d) to replace “Commission” with “division.” These amendments are necessary to reflect DWC’s current agency name and are consistent with the amendments DWC made to Chapter 112 in 2018. The proposal also amends the title of §112.203 to replace “To” with “to.” This amendment is nonsubstantive but conforms it to current agency style.BACKGROUND AND JUSTIFICATION DWC proposes to delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E will be deleted. The sections in Subchapters B, C, D, and E will not be deleted.

Texas Department of Insurance

Proposed Rules

Amending 28 TAC §112.301 to update requirements for labor agents’ notification of worker’s compensation coverage

PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATIONCHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.301OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) proposes to amend 28 TAC §112.301, concerning the scope of liability for compensation. These proposed amendments will conform DWC’s rules to statutory changes made by House Bill 1665, 86th Legislature, Regular Session (2019).SUMMARY OF CHANGES Section 112.301 addresses Labor Agent’s Notification of Coverage. This proposal amends the title of §112.301 to “Labor Agent’s Notification of Coverage for Certain Farm or Ranch Employees.” This amendment adds clarity to the section title in the absence of subchapter titles.BACKGROUND AND JUSTIFICATION DWC proposes to delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E will be deleted. The sections in Subchapters B, C, D, and E will not be deleted.

Texas Department of Insurance

Proposed Rules

Amending 28 TAC §112.401 to update the required scope of worker’s compensation coverage for certain professional athletes

PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATIONCHAPTER 112. SCOPE OF LIABILITY FOR COMPENSATION28 TAC §112.401OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) proposes to amend 28 TAC § 112.401, concerning the scope of liability for compensation. These proposed amendments will conform DWC’s rules to statutory changes made by House Bill 1665, 86th Legislature, Regular Session (2019).SUMMARY OF CHANGES Section 112.401 addresses Election of Coverage by Certain Professional Athletes. This proposal amends §112.401(e) to expand the acceptable ways to deliver the agreement or contract between a professional athlete and a franchise. The proposal amends §112.401(b) to replace “Texas Workers’ Compensation Commission” with “Texas Department of Insurance, Division of Workers’ Compensation” and §112.401(d) to replace “Commission” with “division.” The proposal also amends the required language of the agreement or contract between a professional athlete and a franchise. These proposed amendments are nonsubstantive changes to DWC rules and are necessary to reflect the division’s current name and conform this section to current agency style. The proposed amendments to the required language of the agreement or contract between a professional athlete and a franchise will be effective March 1, 2021.BACKGROUND AND JUSTIFICATION DWC proposes to delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more-user friendly. Only the headings used for Subchapters B, C, D, and E will be deleted. The sections in Subchapters B, C, D, and E will not be deleted.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Amending 22 TAC §§681.2, 681.4, 681.5, 681.9 and 681.11 to update certain definitions for rules governing professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER A. GENERAL PROVISIONS22 TAC §§681.2, 681.4, 681.5, 681.9, 681.11OVERVIEWThe Texas Behavioral Health Executive Council adopts amended §§681.2, 681.4, 681.5, 681.9, and 681.11, relating to General Provisions. Sections 681.4, 681.5, 681.9, and 681.11 are adopted without changes to the proposed text as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4876) and will not be republished. In response to public comments requesting the definition for Recognized Religious Practitioner not be repealed, §681.2 is being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 8135).BACKGROUND AND JUSTIFICATIONThe amended rules are 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.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The amended rules are the definitions for the rules in Chapter 681 and pertain to the general operations for the Texas State Board of Examiners of Professional Counselors; the rules also incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may adopt these rules.

Texas Health and Human Services Commission

Adopted Rules

Repealing 22 TAC §§681.10, 681.12 – 681.17 to consolidate general rules governing the practice of professional counseling

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER A. GENERAL PROVISIONS22 TAC §§681.10, 681.12 – 681.17OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.10, 681.12 – 681.17, relating to the Board, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4879). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §681.31 to consolidate rules on methods and practices for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER B. AUTHORIZED COUNSELING METHODS AND PRACTICES22 TAC §681.31OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §681.31, relating to authorized counseling methods and practices, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4880). The rule will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

New 22 TAC, Chapter 681, Subchapter B, updating and clarifying rules of practice for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER B. RULES OF PRACTICE22 TAC §§681.31, 681.41 – 681.47, 681.49 – 681.53OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§681.31, 681.41 – 681.47, and 681.49 – 681.53, relating to Rules of Practice. Sections 681.31, 681.42 – 681.47, and 681.49 – 681.53 are adopted without changes to the proposed text as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4881) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §681.41 is being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 8139).BACKGROUND AND JUSTIFICATION The new rules are 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.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to the scope of practice, standards of care, and ethical practice for professional counselors; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may adopt these rules.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.41 – 681.51 to consolidate ethics rules for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. CODE OF ETHICS22 TAC §§681.41 – 681.51OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.41 – 681.51, relating to code of ethics, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4891). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

New 22 TAC, Chapter 681, Subchapter C, updating and clarifying licensing requirements for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §§681.71 – 681.73, 681.81 – 681.83, 681.91, 681.93, 681.101, 681.114, 681.141 – 681.143, 681.145, 681.147OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§681.71 – 681.73, 681.81 – 681.83, 681.91, 681.93, 681.101, 681.114, 681.141 – 681.143, 681.145, and 681.147, relating to Application and Licensing. Sections 681.71 – 681.73, 681.82, 681.91, 681.93, 681.101, 681.114, 681.141 – 681.143, 681.145, and 681.147 are adopted without changes to the proposed text as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4892) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §681.81 and §681.83 are being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 8143).BACKGROUND AND JUSTIFICATION The new rules are 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.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to the qualifications necessary to obtain a license and continuing education requirements for professional counselors; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may adopt these rules.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.71 – 681.73 to consolidate license application rules for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER D. APPLICATION PROCEDURES22 TAC §§681.71 – 681.73OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.71 – 681.73, relating to application procedures, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4898). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules; therefore, the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

New 22 TAC, Chapter 681, Subchapter D, updating and clarifying the schedule of sanctions for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER D. SCHEDULE OF SANCTIONS22 TAC §§681.201, 681.203 – 681.205OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§681.201 and 681.203 – 681.205, relating to Schedule of Sanctions. Sections 681.201, 681.204, and 681.205 are adopted without changes to the proposed text as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4900). These rules will not be republished. Section 681.203 is adopted with changes to the proposed text as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4900) due to a grammatical error. This rule will be republished.BACKGROUND AND JUSTIFICATION The new rules are 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.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to a schedule of sanctions for professional counselors; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may adopt these rules.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.81 – 681.83 to consolidate academic requirements for professional counseling licensure

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER E. ACADEMIC REQUIREMENTS FOR LICENSURE22 TAC §§681.81 – 681.83OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.81 – 681.83, relating to academic requirements for licensure, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4902). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §681.91, §681.93 to consolidate experience requirements for professional counseling licensure

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER F. EXPERIENCE REQUIREMENTS FOR LICENSURE22 TAC §681.91, §681.93OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §681.91 and §681.93, relating to experience requirements for licensure, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4903). The repealed rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.101 – 681.103 to consolidate rules on professional counseling licensing examinations

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER G. LICENSURE EXAMINATIONS22 TAC §§681.101 – 681.103OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.101 – 681.103, relating to licensure examinations, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4904). The repealed rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.111 – 681.114 to consolidate licensing requirements for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER H. LICENSING22 TAC §§681.111 – 681.114OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.111 – 681.114, relating to licensing, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4905). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.121, 681.123 – 681.126 to consolidate requirements for license renewal by professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER I. REGULAR LICENSE RENEWAL; INACTIVE AND RETIREMENT STATUS22 TAC §§681.121, 681.123 – 681.126OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.121, 681.123 – 681.126, relating to regular license renewal; inactive and retirement status, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4907). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.141 – 681.143, 681.145 – 681.147 to consolidate continuing education requirements for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER J. CONTINUING EDUCATION REQUIREMENTS22 TAC §§681.141 – 681.143, 681.145 – 681.147OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.141 – 681.143 and 681.145 – 681.147, relating to continuing education requirements, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4908). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.161, 681.162, 681.164 – 681.172 to consolidate complaint and violation procedure for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER K. COMPLAINTS AND VIOLATIONS22 TAC §§681.161, 681.162, 681.164 – 681.172OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.161, 681.162, and 681.164 – 681.172, relating to complaints and violations, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4909). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.181, 681.182, 681.184 to consolidate formal hearing procedure for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER L. FORMAL HEARINGS22 TAC §§681.181, 681.182, 681.184OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.181, 681.182, and 681.184, relating to formal hearings, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4911). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.201 – 681.204 to relocate the schedule of sanctions for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER M. SCHEDULE OF SANCTIONS22 TAC §§681.201 – 681.204OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.201 – 681.204, relating to schedule of sanctions, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4912). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Professional Counselors

Adopted Rules

Repealing 22 TAC §§681.251 – 681.253 to consolidate rules on the coordination of child custody and adoption evaluations for professional counselors

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER N. PARENTING COORDINATION AND FACILITATION AND CHILD CUSTODY AND ADOPTION EVALUATIONS22 TAC §§681.251 – 681.253OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§681.251 – 681.253, relating to parenting coordination and facilitation and child custody and adoption evaluations, without changes as published in the July 17, 2020, issue of the Texas Register (45 TexReg 4913). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe adopted repeal of these rules 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.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas Department of Insurance

Adopted Rules

Following official rule review, the Division of Workers Compensation readopts 28 TAC, Chapters 126, 127 and 128

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) completed its rule review of 28 TAC Chapter 126 (General Provisions Applicable to All Benefits) Chapter 127 (Designated Doctor Procedures and Requirements), and Chapter 128 (Benefits – Calculation of Weekly Wage) in their entirety. DWC conducted the rule review under Texas Government Code Section 2001.039.As a result of the rule review, DWC finds that the reasons for initially adopting the rules in 28 TAC Chapters 126, 127, and 128 continue to exist and readopts these rules in accordance with the requirements of Texas Government Code Section 2001.039.

Texas Council for Developmental Disabilities

In Addition

TCDD seeks public comment on draft goals and objectives for its 2022-2026 State Plan

OVERVIEWThe Texas Council for Developmental Disabilities (TCDD) is seeking public comment on the draft goals and objectives for its 2022 – 2026 State Plan. ADDITIONAL INFORMATION The plan will guide TCDD activities and priorities over the next five years. TCDD will use the plan to determine which grant projects to fund and which issues will be the focus of public policy work. TCDD strives to create change so that people with developmental disabilities (DD) have opportunities for independence and productivity and to be fully included in their communities. To accomplish this, TCDD works to develop a comprehensive system of service and supports in Texas and to assist communities to build the capacity to support people with DD.To view the draft goals and objectives and to offer public comment, visit the TCDD website at www.tcdd.texas.gov.

Texas Health and Human Services Commission

In Addition

Notice of Public Hearing for Medicaid Community Hospice and Home and Community-Based Services – Adult Mental Health

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 30, 2020, at 9:00 a.m., to receive public comments on proposed payment rates for two separate programs. The first set of proposed payment rates are for Medicaid Community Hospice and the second is a proposed payment rate for Home and Community-Based Services — Adult Mental Health (HCBS-AMH) in-home respite.PROPOSAL HHSC proposes to increase payment rates for Medicaid Community Hospice for routine home, continuous home, inpatient respite, and general inpatient care services, effective retroactive to October 1, 2020.HHSC also proposes to convert the HCBS-AMH daily payment rate to a 15-minute rate of $2.49, effective January 1, 2021. Transitioning of the in-home respite rate to 15 minutes is necessary to implement electronic visit verification.A briefing packet describing the proposed payment rates will be available at https://rad.hhs.texas.gov/proposed-rate-packets on or after November 13, 2020. Interested parties may obtain a copy of the briefing packet before the hearing by contacting the HHSC Provider Finance Department by telephone at (512) 424-6637; by fax at (512) 730-7475; or by e-mail at RAD-LTSS@hhsc.state.tx.us.HEARING DETAILS Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Physical entry to the hearing will not be permitted. Please join the meeting from your computer, tablet, or smartphone at the following link: https://attendee.gotowebinar.com/register/3062334907555234831. After registering, you will receive a confirmation email containing information about joining the webinar. You can also dial in using your phone at (914) 614-3221, access code 979-292-988. If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.PUBLIC COMMENT Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by email to RAD-LTSS@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas 78751.

Texas Department of Insurance

In Addition

Fiscal Year 2021 Research Agenda for the Workers’ Compensation Research and Evaluation Group

OVERVIEWIt is ordered that the FY 2021 Research Agenda for the Workers’ Compensation Research and Evaluation Group is adopted as follows:1. Complete and publish the 2021 Workers’ Compensation Health Care Network Report Card required under Texas Insurance Code §1305.502 and Texas Labor Code §405.0025.2. Analyze the initial impact of COVID-19 on the Texas workers’ compensation system, including claim frequency, claim costs, disputes, and return-to-work outcomes.3. Study the use of telemedicine in the Texas workers’ compensation system, including trends on the types and cost of services being performed, the types of health care providers providing these services, and the demographic trends of injured employees receiving telemedicine services.BACKGROUND AND JUSTIFICATIONThe commissioner of workers’ compensation considers the Fiscal Year (FY) 2021 Research Agenda for the Workers’ Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance, Division of Workers’ Compensation (DWC).The Texas Labor Code requires the REG to conduct professional studies and research related to the operational effectiveness of the Texas workers’ compensation system and annually publish a workers’ compensation research agenda.DWC published the proposed research agenda in the August 21, 2020, issue of the Texas Register (45 TexReg 5980) and sought public review and comment. DWC received four comments and no requests for a public hearing.The REG will consider expanding the scope of the research projects or conducting more projects to accommodate stakeholder suggestions, subject to the resources and data available.

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