Texas Register Table of Contents
- 1 Office of the Attorney General
- 2 Texas Optometry Board
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 22 TAC §279.1, to require that the optometrist or therapeutic optometrist personally “examine” certain findings during an initial visit for contact lenses.
- 2.0.1.2 Amending 22 TAC §279.2, to eliminate the word “manually” when describing the signature requirements for contact lens prescriptions.
- 2.0.1.3 Amending 22 TAC §279.3, to require that the optometrist or therapeutic optometrist personally examine certain findings during the initial visit for spectacles.
- 2.0.1.4 Amending 22 TAC §279.4, to update signature formatting on spectacle and ophthalmic device prescriptions.
- 2.0.1.5 Amending 22 TAC §279.11 and §279.12, to add “or therapeutic optometry” when describing the “practice of optometry.”
- 2.0.1.6 Amending 22 TAC §279.13 to update statutory references and allow follow-up care to be accomplished via telehealth services.
- 2.0.1.7 Amending 22 TAC §279.15, to update the title to better reflect the rule’s purpose of prohibiting practice when the licensee is knowingly suffering from a contagious or infectious disease.
- 2.0.1 Proposed Rules Re:
- 3 Texas Department of State Health Services
- 4 Texas Health and Human Services Commission
Office of the Attorney General
Requests for Opinions
OVERVIEW
Authority of the Texas Behavioral Health Executive Council to amend 22 Texas Administrative Code section 465.38(d) regarding the title of an individual holding a specialist in school psychology license (RQ-0483-KP)
Texas Optometry Board
Proposed Rules Re:
Amending 22 TAC §279.1, to require that the optometrist or therapeutic optometrist personally “examine” certain findings during an initial visit for contact lenses.
CHAPTER 279. INTERPRETATIONS
22 TAC §279.1
OVERVIEW
The Texas Optometry Board proposes amendments to 22 TAC Chapter 279, §279.1 – Contact Lens Examination.
The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code Section 2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.
BACKGROUND AND JUSTIFICATION
The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to §279.1 as currently in effect are necessary.
The amendment requires the optometrist or therapeutic optometrist to personally “examine” instead of personally “make” certain findings during an initial visit. It states that the findings must be made unless prohibited by the patient’s unique condition instead of “if possible.” It requires the optometrist or therapeutic optometrist to personally notate why it is not possible to record the required findings.
It clarifies that for discipline purposes, the charges must state the specific instances in which it is alleged that the optometrist or therapeutic optometrist did not comply with the rule.
Finally, the amendment makes non-substantive capitalization changes to ensure consistency across the Board’s rules.
Amending 22 TAC §279.2, to eliminate the word “manually” when describing the signature requirements for contact lens prescriptions.
CHAPTER 279. INTERPRETATIONS
22 TAC §279.2
OVERVIEW
The Texas Optometry Board proposes amendments to 22 TAC Chapter 279, §279.2 – Contact Lens Prescriptions.
The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code Section 2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.
BACKGROUND AND JUSTIFICATION
The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to §279.2 as currently in effect are necessary.
The amendment deletes the word “manually” when describing the signature on a prescription as many prescriptions are digitally written or transmitted. It deletes the section related to faxing prescriptions.
It prohibits an optometrist or therapeutic optometrist from signing or causing to be signed an ophthalmic lens prescription without first personally examining the eyes for whom the prescription is made pursuant to Section 351.435 of the Optometry Act. It specifies that an optometrist or therapeutic optometrist is responsible for the prescriptions signed under the practitioner’s name even if they are produced by non-clinical staff. And it requires a licensee to report to the Board within seven business days if the licensee discovers a prescription for lenses was issued without his knowledge or permission.
Finally, it makes non-substantive capitalization changes to ensure consistency across the Board’s rules.
Amending 22 TAC §279.3, to require that the optometrist or therapeutic optometrist personally examine certain findings during the initial visit for spectacles.
CHAPTER 279. INTERPRETATIONS
22 TAC §279.3
OVERVIEW
The Texas Optometry Board proposes amendments to 22 TAC Chapter 279, §279.3 – Spectacle Examination.
The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code Section 2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.
BACKGROUND AND JUSTIFICATION
The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to §279.3 as currently in effect are necessary.
The amendment requires the optometrist or therapeutic optometrist to personally examine instead of personally make certain findings during an initial visit. It states that the findings must be made unless prohibited by the patient’s unique condition instead of “if possible.” It requires the optometrist or therapeutic optometrist to personally notate why it is not possible to record the required findings.
It clarifies that for discipline purposes, the charges must state the specific instances in which it is alleged that the optometrist or therapeutic optometrist did not comply with the rule.
Finally, the amendment makes non-substantive capitalization changes to ensure consistency across the Board’s rules.
Amending 22 TAC §279.4, to update signature formatting on spectacle and ophthalmic device prescriptions.
CHAPTER 279. INTERPRETATIONS
22 TAC §279.4
OVERVIEW
The Texas Optometry Board proposes amendments to 22 TAC Chapter 279, §279.4 – Spectacle and Ophthalmic Devices Prescriptions.
BACKGROUND AND JUSTIFICATION
The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code Section 2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.
The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to §279.4 as currently in effect are necessary.
The amendment deletes the word “manually” when describing the signature on a prescription as many prescriptions are digitally written or transmitted. It deletes instructions related to faxing prescriptions.
Amending 22 TAC §279.11 and §279.12, to add “or therapeutic optometry” when describing the “practice of optometry.”
CHAPTER 279. INTERPRETATIONS
22 TAC §279.11, §279.12
OVERVIEW
The Texas Optometry Board proposes amendments to 22 TAC Chapter 279, Interpretations.
The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code Section 2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487).
BACKGROUND AND JUSITICATION
The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to certain rules as currently in effect are necessary. The changes outlined in this proposal are non-substantive in that they update capitalization in order for the language across the entirety of Chapter 279 to be consistent.
The specific rules being amended for capitalization include: §279.11 – Relationship with Dispensing Optician – Books and Records and §279.12 – Relationship with Dispensing Optician – Separation of Offices. The amendments include changing the reference from “legislature” to “Texas Legislature” and “board” to “Board.”
Additionally, §279.11 is amended to add “or therapeutic optometry” in subsections (a) and (b) when describing the “practice of optometry.” This amendment is consistent across the Chapter in that references to the practice of use both “optometry” and “therapeutic optometry.”
Amending 22 TAC §279.13 to update statutory references and allow follow-up care to be accomplished via telehealth services.
CHAPTER 279. INTERPRETATIONS
22 TAC §279.13
OVERVIEW
The Texas Optometry Board proposes to amend 22 TAC §279.13, concerning Board Interpretation Number Thirteen.
The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code Section 2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.
BACKGROUND AND JUSTIFICATION
Rule 279.13 was first adopted in 1992 and amended in 1993 and 1999. The rule references §5.04(5) of Vernon’s Civil Statutes – which was codified as §351.455 of the Texas Occupations Code in 1999. The Board has interpreted the statute to prohibit licensees from unsolicited house-to-house business and continues to support that prohibition. This amendment would update the statutory reference and allow that follow-up care can be accomplished through telehealth services.
Additionally, the amendment would update the rule title to provide better clarity of the rule’s content.
Amending 22 TAC §279.15, to update the title to better reflect the rule’s purpose of prohibiting practice when the licensee is knowingly suffering from a contagious or infectious disease.
CHAPTER 279. INTERPRETATIONS
22 TAC §279.15
OVERVIEW
The Texas Optometry Board proposes amendments to 22 TAC Chapter 279, §279.15 – Board Interpretation Number Fifteen.
The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code Section 2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.
BACKGROUND AND JUSTIFICATION
The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to §279.15 as currently in effect are necessary.
Section 279.15 was first adopted in 1995 and amended in 1998. The rule references §5.08(a) of Vernon’s Civil Statutes – which was codified as §351.454 of the Texas Occupations Code in 1999.
This amendment updates the title to better reflect the rule’s purpose of prohibiting practice when the licensee is knowingly suffering from a contagious or infectious disease and it updates the reference to the current statutory authority.
Texas Department of State Health Services
Proposed Rule Reviews Re:
Title 25, Part 1, reviewing the adoption registry, vital records, birth registration certification, and delayed registration.
OVERVIEW
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1 of the Texas Administrative Code:
Chapter 181, Vital Statistics
- Subchapter A, Miscellaneous Provisions
- Subchapter B, Vital Records
- Subchapter C, Central Adoption Registry
- Subchapter D, Birth Registration Certification
- Subchapter E, Delayed Registration
BACKGROUND AND JUSTIFICATION
This review is conducted pursuant to the requirements of the Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will consider whether these rules should be repealed, readopted, or readopted with amendments.
In Addition Re:
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register 47 Tex Reg 7948.
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register 47 Tex Reg 7954.
Texas Health and Human Services Commission
In Addition Re:
Public Notice – Methodology for Determining Caseload Reduction Credit for the Temporary Assistance for Needy Families (TANF) Program for Federal Fiscal Year 2023
OVERVIEW
The Texas Health and Human Services Commission (HHSC) announces its intent to seek comments from the public on its estimate and methodology for determining the Temporary Assistance for Needy Families (TANF) Program caseload reduction credit for Federal Fiscal Year (FFY) 2023. HHSC will base the methodology on caseload reduction occurring from FFY 2005 to FFY 2022. This methodology and the resulting estimated caseload reduction credit will be submitted for approval to the United States Department of Health and Human Services, Administration for Children and Families.
BACKGROUND AND JUSTIFICATION
Section 407(b)(3) of the Social Security Act provides for a TANF caseload reduction credit, which gives a state credit for reducing its TANF caseload between a base year and a comparison year. To receive the credit, a state must complete and submit a report that, among other things, describes the methodology and the supporting data that the state used to calculate its caseload reduction estimates. See 45 C.F.R. §261.41(b)(5). Prior to submitting the report, the state must provide the public with an opportunity to comment on the estimate and methodology. See 45 C.F.R. §261.41(b)(6).
As the state agency that administers the TANF program in Texas, HHSC believes it is eligible for a caseload reduction credit and has developed the requisite estimate and methodology. HHSC hereby notifies the public of the opportunity to submit comments.