Texas Register June 30, 2023 Volume: 48 Number: 26

Texas Board of Nursing

Proposed Rules Re:

Amending 22 TAC §§214.2 – 214.10, 214.12, 214.13, to clarify definitions and requirements for nursing education program development.

CHAPTER 214. VOCATIONAL NURSING EDUCATION
22 TAC §§214.2 – 214.10, 214.12, 214.13

OVERVIEW

The Board is proposing amendments to Chapter 214, relating to Vocational Nursing Education. Specifically, the Board is proposing amendments to §§214.2 – 214.10, 214.12 and 214.13. The proposed amendments correct outdated references; contain clarifying and editorial changes; and simplify the existing numbering system for the Board’s educational guidelines that are currently referenced in the rule.

The Board considered the proposed amendments at its regularly scheduled April 2023 meeting and approved the proposal for publication in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

• Section 214.2 contains the definitions for the chapter. Proposed amended §214.2 clarifies existing definitions within the section and corrects outdated references. Additionally, proposed amended 214.2 adds a new definition of nursing clinical judgment for use in the chapter.
• Section 214.3 contains the Board’s requirements for nursing education program development, expansion, and closure. First, the proposed amendments clarify factors that will be considered by the Board when determining whether to approve a new nursing education program. Second, the proposed amendments simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule. Third, the proposed amendments clarify factors that will be considered by the Board when determining whether a nursing education program is high-risk. The proposal also specifies that the Board may require the appointment of a mentor to assist the director of a nursing education program who does not have prior experience in the director role in an effort to ensure the success of a high-risk program. Finally, the proposed amendments clarify how NCLEX-PN® examination testing codes will be addressed in the event of program consolidation.
• Section 214.4 addresses nursing education program approval status. Consistent with other proposed changes throughout the chapter, the proposed amendments simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule. The remaining proposed changes are non-substantive in nature and clarify existing provisions within the section.
• The proposed amendments to §214.5 update an outdated reference.
• The proposed amendments to §214.6 simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule.
• The proposed amendments to §214.7 make editorial changes for better readability within the section.
• The proposed amendments to §214.8 clarify existing requirements related to increases in enrollment of 25% or more for accredited and non-accredited programs. The remaining proposed amendments also simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule and include editorial changes.
• The proposed amendments to §214.9 update an outdated reference, remove obsolete provisions from the section, and simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule.
• The proposed amendments to §214.10 add clarity to the section and remove obsolete provisions from the section.
• The proposed amendments to §214.12 make editorial changes.
• The proposed amendments to §214.13 include a reference to the Board’s guidelines for additional clarity in the section.

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Amending 22 TAC §§215.2 – 215.10, 215.12, 215.13, to clarify definitions and update references as well as cover the requirements for nursing education program development.

CHAPTER 215. PROFESSIONAL NURSING EDUCATION
22 TAC §§215.2 – 215.10, 215.12, 215.13

OVERVIEW

The Board is proposing amendments to Chapter 215, relating to Professional Nursing Education. Specifically, the Board is proposing amendments to §§215.2 – 215.10, 215.12, and 215.13. The proposed amendments correct outdated references; contain clarifying and editorial changes; and simplify the existing numbering system for the Board’s educational guidelines that are currently referenced in the rule.

The Board considered the proposed amendments at its regularly scheduled April 2023 meeting and approved the proposal for publication in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

• Section 215.2 contains the definitions for the chapter. Proposed amended §215.2 clarifies existing definitions within the section and corrects outdated references. Additionally, proposed amended 215.2 adds a new definition of nursing clinical judgment for use in the chapter.
• Section 215.3 contains the Board’s requirements for nursing education program development, expansion, and closure. First, the proposed amendments clarify factors that will be considered by the Board when determining whether to approve a new nursing education program. Second, the proposed amendments simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule. Third, the proposed amendments clarify factors that will be considered by the Board when determining whether a nursing education program is high-risk. The proposal also specifies that the Board may require the appointment of a mentor to assist the director of a nursing education program who does not have prior experience in the director role in an effort to ensure the success of a high-risk program. Finally, the proposed amendments correct typographical errors in the section.
• Section 215.4 addresses nursing education program approval status. Consistent with other proposed changes throughout the chapter, the proposed amendments simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule. The remaining proposed changes are non-substantive in nature and clarify existing provisions within the section and make editorial edits.
• The proposed amendments to §215.5 update an outdated reference.
• The proposed amendments to §215.6 simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule.
• The proposed amendments to §215.7 make editorial changes for better readability within the section.
• The proposed amendments to §215.8 clarify existing requirements related to increases in enrollment of 25% or more for accredited and non-accredited programs. The remaining proposed amendments also simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule and include editorial changes.
• The proposed amendments to §215.9 update an outdated reference and simplify the existing numbering system for the Board’s education guidelines that are currently referenced in the rule.
• The proposed amendments to §215.10 adds reference to an education guideline for additional guidance and clarity.
• The proposed amendments to §215.12 make editorial changes.
• The proposed amendments to §215.13 include a reference to the Board’s guidelines for additional clarity in the section.

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Texas Department of State Health Services

Adopted Rules Re:

Amending 25 TAC §300.104, to address the prohibition on manufacturing and processing of hemp products.

CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC §300.104

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the amendment to §300.104, concerning Manufacturing and Processing of Hemp Products for Smoking. The amendment to §300.104 is adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1513). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment to §300.104 removes the prohibition of “distribution” and “retail sale” of hemp products for smoking.

House Bill 1325, 86th Legislature, Regular Session, 2019, established Texas Health and Safety Code, Chapter 443, Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). Texas Health and Safety Code §443.204(4) prohibits “the processing or manufacturing of a consumable hemp product for smoking.”

On June 24, 2022, as a result of Texas Dep’t of State Health Servs. v. Crown Distrib. LLC, 647 S.W.3d 648 (Tex.2022), the Texas Supreme Court upheld the ban on the manufacturing and processing of consumable hemp products for smoking within the state of Texas. The amendment complies with the ruling in Texas Dep’t of State Health Servs. v. Crown Distrib. LLC and Texas Health and Safety Code §443.204(4).

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Texas Health and Human Services Commission

Adopted Rules Re:

Amending 26 TAC §301.327, to clarify the type of staff qualified to answer and screen crisis hotline calls.

CHAPTER 301. IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS
SUBCHAPTER G. MENTAL HEALTH COMMUNITY SERVICES STANDARDS
26 TAC §301.327

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts the amendment to §301.327, concerning Access to Mental Health Community Services.

Section 301.327 is adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1515). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted rule is necessary to broaden the type of staff qualified to answer and screen crisis hotline calls for local mental health authorities (LMHAs), local behavioral health authorities (LBHAs), and their subcontractors. The adopted rule allows staff members trained in crisis screening to conduct the crisis calls in addition to staff members who are credentialed as a Qualified Mental Health Professional-Community Services (QMHP-CS). This allows LMHAs, LBHAs, and their subcontractors to broaden recruiting and applicant pools thereby potentially reducing call wait times and answering more calls within the required timeframe.

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In Addition Re:

Public Notice – Texas State Plan for Medical Assistance Amendment

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments will be effective July 1, 2023.

The purpose of the amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following services:

Physician Services

The proposed amendment is estimated to result in an annual aggregate expenditure of $0 for federal fiscal year (FFY) 2023, consisting of $0 in federal funds and $0 in state general revenue. For FFY 2024, the estimated annual aggregate expenditure is $0 consisting of $0 in federal funds and $0 in state general revenue. For FFY 2025, the estimated annual aggregate expenditure is $0 consisting of $0 in federal funds and $0 in state general revenue.

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