Texas Register Table of Contents
- 1 Governor
- 2 Texas Department of Licensing and Regulation
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 16 TAC §111.2 and new §111.3, to update existing definitions related to hearing aids and to add information about over-the-counter hearing aids.
- 2.0.1.2 Amending 16 TAC §111.201, to clarify rules related to the fitting and dispensing of hearing instruments, including a requirement that a written statement of a medical evaluation is provided in instances where the client is under 18.
- 2.0.1.3 Amending 16 TAC §111.220, to clarify that the thirty-day trial period referenced in the section relates to a hearing instrument.
- 2.0.1.4 Amending 16 TAC §112.2 and new §112.3, to update definitions and to clarify that except as provided in the rule, Chapter 112 does not apply to activities related to over-the-counter hearing aids.
- 2.0.1.5 Amending 16 TAC §112.70, to provide that a licensee who serves as a proctor for the practical test may receive up to one continuing education credit hour for each test date, for up to four hours per license term.
- 2.0.1.6 Amending 16 TAC §112.92, §112.96, to require licensees to inform clients of the website address of the Department in each written contract for services and on a sign in their primary place of business, and to delete references to a repealed federal rule.
- 2.0.1.7 Amending 16 TAC §112.140, to clarify that the 30-day trial period referenced in this rule relates to a hearing instrument and to require medical evaluations or waivers of evaluation to be maintained only if they are provided.
- 2.0.1 Proposed Rules Re:
- 3 Texas State Board of Pharmacy
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 22 TAC §283.12, to allow a military service member who is licensed in good standing by a jurisdiction with licensing requirements that are substantially similar to Texas’s requirements to obtain an interim pharmacist license.
- 3.0.1.2 Amending 22 TAC §291.3, to require notification to the board by any pharmacy which temporarily closes for the loss of a pharmacist-in-charge and to clarify the notification requirements for amending a pharmacy license.
- 3.0.1.3 Amending 22 TAC §291.5, to provide that a pharmacy may temporarily close after the loss of a pharmacist-in-charge if the pharmacy notifies the board in writing.
- 3.0.1.4 Amending 22 TAC §291.6, to increase pharmacy license fees, specify the application fee for initial or renewed certificates for remote pharmacy services, and to remove the fee for the insurance of a dual renewal certificate.
- 3.0.1.5 Amending 22 TAC §291.8, to update the name of a state agency.
- 3.0.1.6 Amending 22 TAC §291.33, to explain the prepackaging and labelling requirements for a participating provider to dispense donated prescription drugs.
- 3.0.1.7 Amending 22 TAC §291.74, to fix grammatical errors and to re-insert rule text that was removed by mistake.
- 3.0.1.8 Amending 22 TAC §291.121, to clarify the licensure process for remote pharmacy services.
- 3.0.1.9 Amending 22 TAC §291.129, to clarify the licensure process for satellite pharmacies.
- 3.0.1.10 Amending 22 TAC §295.5, to increase pharmacist license fees.
- 3.0.1.11 Amending 22 TAC §295.8, to remove expired continuing eduction requirements.
- 3.0.1.12 Amending 22 TAC §295.9, to make a grammatical correction and remove expired continuing education requirements.
- 3.0.1.13 Amending 22 TAC §297.10, to create procedures for military service members licensed and in good standing in a jurisdiction with registration requirements that are substantially similar to Texas’s requirements to obtain an interim pharmacy technician registration.
- 3.0.1 Proposed Rules Re:
- 4 Texas State Board of Examiners of Psychologist
- 5 Texas State Board of Social Worker Examiners
- 6 Texas State Board of Examiners of Marriage and Family Therapist
- 6.0.1 Proposed Rules Re:
- 6.0.1.1 Amending 22 TAC §801.2, to include a definition for independent practice for the purpose of providing greater clarity.
- 6.0.1.2 Amending 22 TAC §801.48, to clarify that any licensee in private practice must establish a plan of custody and control for a client’s records.
- 6.0.1.3 Amending 22 TAC §801.142, to increase the number of hours that may be counted towards licensure that are provided by technology-assisted services to 750 hours.
- 6.0.1.4 Amending 22 TAC §801.143, to remove the 12 supervisee limit to allow supervisors to determine the appropriate number of supervisees.
- 6.0.1.5 Repealing 22 TAC §801.305, to allow for it to be replaced with a new schedule of sanctions.
- 6.0.1.6 New 22 TAC §801.305, to add a new schedule of sanctions chart that will more closely resemble the format used by the other behavioral health boards.
- 6.0.1 Proposed Rules Re:
- 7 Texas Behavioral Health Executive Council
- 8 Texas Department of State Health Services
Governor
Appointments Re:
The Governor appointed one individual to the Texas Medical Board District Two Review Committee.
Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2024, Kristen L. Cox of College Station, Texas.
Texas Department of Licensing and Regulation
Proposed Rules Re:
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §111.2, §111.3
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter U, §111.201; and Subchapter W, §111.220; and proposes a new rule at Subchapter A, §111.3, regarding the Speech-Language Pathologists and Audiologists program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC, Chapter 111, Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The proposed rules implement changes made to Texas Occupations Code, Chapter 401 by SB 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; and clarify the requirements regarding medical statements for sales of hearing instruments to individuals under 18 years of age.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER U. FITTING AND DISPENSING OF HEARING INSTRUMENTS
16 TAC §111.201
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter U, §111.201; and Subchapter W, §111.220; and proposes a new rule at Subchapter A, §111.3, regarding the Speech-Language Pathologists and Audiologists program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC, Chapter 111, Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The proposed rules implement changes made to Texas Occupations Code, Chapter 401 by SB 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; and clarify the requirements regarding medical statements for sales of hearing instruments to individuals under 18 years of age.
Amending 16 TAC §111.220, to clarify that the thirty-day trial period referenced in the section relates to a hearing instrument.
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER W. JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS
16 TAC §111.220
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter U, §111.201; and Subchapter W, §111.220; and proposes a new rule at Subchapter A, §111.3, regarding the Speech-Language Pathologists and Audiologists program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC, Chapter 111, Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The proposed rules implement changes made to Texas Occupations Code, Chapter 401 by SB 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; and clarify the requirements regarding medical statements for sales of hearing instruments to individuals under 18 years of age.
CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §112.2, §112.3
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter A, §112.2; Subchapter H, §112.70; Subchapter J, §112.92 and §112.96; and Subchapter O, §112.140; and proposes a new rule at Subchapter A, §112.3, regarding the Hearing Instrument Fitters and Dispensers program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The proposed rules implement changes made to Texas Occupations Code, Chapter 402 by SB 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; make changes to provide continuing education credit for proctors of the practical test; and update language to reference the Department’s website in contracts and signs.
Amending 16 TAC §112.70, to provide that a licensee who serves as a proctor for the practical test may receive up to one continuing education credit hour for each test date, for up to four hours per license term.
CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS
SUBCHAPTER H. CONTINUING EDUCATION REQUIREMENTS
16 TAC §112.70
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter A, §112.2; Subchapter H, §112.70; Subchapter J, §112.92 and §112.96; and Subchapter O, §112.140; and proposes a new rule at Subchapter A, §112.3, regarding the Hearing Instrument Fitters and Dispensers program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The proposed rules implement changes made to Texas Occupations Code, Chapter 402 by SB 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; make changes to provide continuing education credit for proctors of the practical test; and update language to reference the Department’s website in contracts and signs.
Amending 16 TAC §112.92, §112.96, to require licensees to inform clients of the website address of the Department in each written contract for services and on a sign in their primary place of business, and to delete references to a repealed federal rule.
CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS
SUBCHAPTER J. RESPONSIBILITIES OF THE LICENSEE
16 TAC §112.92, §112.96
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter A, §112.2; Subchapter H, §112.70; Subchapter J, §112.92 and §112.96; and Subchapter O, §112.140; and proposes a new rule at Subchapter A, §112.3, regarding the Hearing Instrument Fitters and Dispensers program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The proposed rules implement changes made to Texas Occupations Code, Chapter 402 by SB 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; make changes to provide continuing education credit for proctors of the practical test; and update language to reference the Department’s website in contracts and signs.
Amending 16 TAC §112.140, to clarify that the 30-day trial period referenced in this rule relates to a hearing instrument and to require medical evaluations or waivers of evaluation to be maintained only if they are provided.
CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS
SUBCHAPTER O. JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS
16 TAC §112.140
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter A, §112.2; Subchapter H, §112.70; Subchapter J, §112.92 and §112.96; and Subchapter O, §112.140; and proposes a new rule at Subchapter A, §112.3, regarding the Hearing Instrument Fitters and Dispensers program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The proposed rules implement changes made to Texas Occupations Code, Chapter 402 by SB 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; make changes to provide continuing education credit for proctors of the practical test; and update language to reference the Department’s website in contracts and signs.
Texas State Board of Pharmacy
Proposed Rules Re:
Amending 22 TAC §283.12, to allow a military service member who is licensed in good standing by a jurisdiction with licensing requirements that are substantially similar to Texas’s requirements to obtain an interim pharmacist license.
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.12
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §283.12, concerning Licenses for Military Service Members, Military Veterans, and Military Spouses. The amendments, if adopted, establish procedures for a military service member who is currently licensed in good standing by a jurisdiction with licensing requirements that are substantially similar to Texas’s requirements to obtain an interim pharmacist license, in accordance with Senate Bill 422 and make grammatical corrections.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide consistency between state law and Board rules regarding the licensing requirements and procedures for military service member pharmacists to request an interim pharmacist license and grammatically correct regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §291.3, to require notification to the board by any pharmacy which temporarily closes for the loss of a pharmacist-in-charge and to clarify the notification requirements for amending a pharmacy license.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.3
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.3, concerning Required Notifications. The amendments, if adopted, require a pharmacy to notify the board in writing if the pharmacy temporarily closes for the loss of a pharmacist-in-charge and clarify the notification requirements for amending a pharmacy license.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be clear and efficient regulatory processes. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §291.5, to provide that a pharmacy may temporarily close after the loss of a pharmacist-in-charge if the pharmacy notifies the board in writing.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.5
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.5, concerning Closing a Pharmacy. The amendments, if adopted, provide that a pharmacy may temporarily close for the loss of a pharmacist-in-charge if the pharmacy timely notifies the board in writing of the temporary closure.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to clear and consistent regulatory processes. There is no anticipated adverse economic impact on large, small, or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §291.6, to increase pharmacy license fees, specify the application fee for initial or renewed certificates for remote pharmacy services, and to remove the fee for the insurance of a dual renewal certificate.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.6
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.6, concerning Pharmacy License Fees. The amendments, if adopted, increase pharmacy license fees based on expected expenses, specify the application fee for an initial or renewed certificate to provide remote pharmacy services, and remove the fee for issuance of a duplicate renewal certificate.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be fiscal implications for state government as a result of enforcing or administering the amended rule as follows:
Revenue Increase
- FY2024 = $225,056.00
- FY2025 = $228,221.00
- FY2026 = $230,670.75
- FY2027 = $231,181.74
- FY2028 = $235,755.51
There are no anticipated fiscal implications for local government.
Amending 22 TAC §291.8, to update the name of a state agency.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.8
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.8, concerning Return of Prescription Drugs. The amendments, if adopted, update the name of a state agency.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be clear and correct regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §291.33, to explain the prepackaging and labelling requirements for a participating provider to dispense donated prescription drugs.
CHAPTER 291. PHARMACIES
SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.33
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.33, concerning Operational Standards. The amendments, if adopted, specify prepackaging and labeling requirements for a participating provider to dispense donated prescription drugs under Chapter 442, Health and Safety Code, in accordance with House Bill 4332.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide consistency between state law and Board rules. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §291.74, to fix grammatical errors and to re-insert rule text that was removed by mistake.
CHAPTER 291. PHARMACIES
SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)
22 TAC §291.74
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.74, concerning Operational Standards. The amendments, if adopted re-insert rule text that was inadvertently removed and make grammatical corrections.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide clear, consistent, and grammatically correct regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §291.121, to clarify the licensure process for remote pharmacy services.
CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.121
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.121, concerning Remote Pharmacy Services. The amendments, if adopted, clarify how the board provides a license to engage in remote pharmacy services.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be clear and efficient regulatory processes. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §291.129, to clarify the licensure process for satellite pharmacies.
CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.129
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.129, concerning Satellite Pharmacy. The amendments, if adopted, clarify how the board provides a satellite pharmacy license.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be clear and efficient regulatory processes. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §295.5, to increase pharmacist license fees.
CHAPTER 295. PHARMACISTS
22 TAC §295.5
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §295.5, concerning Pharmacist License or Renewal Fees. The amendments, if adopted, increase pharmacist license fees based on expected expenses.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be fiscal implications for state government as a result of enforcing or administering the amended rule as follows:
Revenue Increase
- FY2024 = $532,000.00
- FY2025 = $545,300.00
- FY2026 = $558,387.20
- FY2027 = $571,230.11
- FY2028 = $583,797.17
There are no anticipated fiscal implications for local government.
Amending 22 TAC §295.8, to remove expired continuing eduction requirements.
CHAPTER 295. PHARMACISTS
22 TAC §295.8
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §295.8, concerning Continuing Education Requirements. The amendments, if adopted, remove continuing education requirements that have expired.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide clearer and more concise agency regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §295.9, to make a grammatical correction and remove expired continuing education requirements.
CHAPTER 295. PHARMACISTS
22 TAC §295.9
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §295.9, concerning Inactive License. The amendments, if adopted, remove a continuing education requirement for which the statutory authority has expired from the conditions for reactivation of an inactive license and make a grammatical correction.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide clearer and more concise agency regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Amending 22 TAC §297.10, to create procedures for military service members licensed and in good standing in a jurisdiction with registration requirements that are substantially similar to Texas’s requirements to obtain an interim pharmacy technician registration.
CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES
22 TAC §297.10
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §297.10, concerning Registration for Military Service Members, Military Veterans, and Military Spouses. The amendments, if adopted, establish procedures for a military service member who is currently registered in good standing by a jurisdiction with registration requirements that are substantially similar to Texas’s requirements to obtain an interim pharmacy technician registration, in accordance with Senate Bill 422 and make grammatical corrections.
BACKGROUND AND JUSTIFICATION
Julie Spier, R.Ph., President, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Spier has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide consistency between state law and Board rules regarding the registration requirements and procedures for military service members to request an interim pharmacy technician registration and grammatically correct regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
Texas State Board of Examiners of Psychologist
Proposed Rules Re:
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.9
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §463.9, relating to Licensed Specialist in School Psychology.
BACKGROUND AND JUSTIFICATION
The proposed rule amendments allow applicants who were licensed in other states to provide school psychological services or applicants with graduate degrees in related disciplines to psychology to be eligible to apply for licensure as an LSSP so long as the applicant also meets the coursework, examinations, and internship requirements.
Texas State Board of Social Worker Examiners
Proposed Rules Re:
Amending 22 TAC §781.404, to clarify the allowable fee arrangements between supervisors and supervisee.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.404
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §781.404, relating to Recognition as a Council-approved Supervisor and the Supervision Process.
BACKGROUND AND JUSTIFICATION
The proposed amendments are intended to clarify the allowable fee arrangements between supervisor and supervisee.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.501
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §781.501, relating to Requirements for Continuing Education.
BACKGROUND AND JUSTIFICATION
The proposed amendments correct a typographical error and allow field and practicum instructors to claim up to 10 hours of continuing education credit when providing instruction to social work students.
Texas State Board of Examiners of Marriage and Family Therapist
Proposed Rules Re:
Amending 22 TAC §801.2, to include a definition for independent practice for the purpose of providing greater clarity.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §801.2
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §801.2, relating to Definitions.
The proposed amendment adds a definition for independent practice for the purpose of providing greater clarity in the rules.
Amending 22 TAC §801.48, to clarify that any licensee in private practice must establish a plan of custody and control for a client’s records.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.48
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §801.48, relating to Record Keeping, Confidentiality, Release of Records, and Required Reporting.
BACKGROUND AND JUSTIFICATION
This amendment is proposed for the purposes of clarity, to make it clear that any licensee in private practice must establish a plan of custody and control for a client’s records.
Amending 22 TAC §801.142, to increase the number of hours that may be counted towards licensure that are provided by technology-assisted services to 750 hours.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.142
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §801.142, relating to Supervised Clinical Experience Requirements and Conditions.
BACKGROUND AND JUSTIFICATION
The proposed amendment increases the number of hours that may be counted towards licensure that are provided by technology-assisted services from 500 hours to 750 hours.
Amending 22 TAC §801.143, to remove the 12 supervisee limit to allow supervisors to determine the appropriate number of supervisees.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.143
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §801.143, relating to Supervisor Requirements.
BACKGROUND AND JUSTIFICATION
The proposed amendments remove the 12 supervisee limit on supervisors, allowing supervisors to determine the appropriate number of supervisees that they can provide adequate supervision. Additionally, the proposed amendments make it clear that a supervisor must establish a plan of custody and control for records of supervision for their LMFT Associates.
Repealing 22 TAC §801.305, to allow for it to be replaced with a new schedule of sanctions.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.305
OVERVIEW
The Texas Behavioral Health Executive Council proposes the repeal of §801.305, relating to Schedule of Sanctions.
BACKGROUND AND JUSTIFICATION
This rule is proposed to be repealed and replaced with a new schedule of sanctions that is proposed elsewhere in this issue of the Texas Register.
New 22 TAC §801.305, to add a new schedule of sanctions chart that will more closely resemble the format used by the other behavioral health boards.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.305
OVERVIEW
The Texas Behavioral Health Executive Council proposes new §801.305, relating to Schedule of Sanctions.
BACKGROUND AND JUSTIFICATION
The proposed new rule is necessary to correct a Texas Register submission error regarding the graphic chart. The same chart that was proposed in the August 5, 2022, issue of the Texas Register is currently being re-proposed, because unfortunately the chart adopted in the November 18, 2022, issue of the Texas Register was the previous chart. As stated previously in the preamble to the August 5th proposal, this proposed schedule of sanctions chart will more closely resemble the format used by the other behavioral health boards, which adopted this format to make their schedule of sanctions charts easier to use. There are some substantive changes being made to the current schedule of sanctions chart in effect, but again, these changes are the same as those proposed in the August 5, 2022, edition of the Texas Register; there are no changes being proposed that have not been reviewed and proposed by the member board. This proposed schedule of sanctions chart will align with the changes made to §801.302, which reduced the amount of severity levels from five to four by combining the two previous suspension levels into one. Therefore, violations of §§801.44(t) and (v), 801.47, and 801.57(e) will no longer be split between two types of suspension levels. Additionally, the sanction for §801.47 is being split between subsections (a) and (b), which are a suspension and revocation respectively. Section 801.44(s) – (v) has been updated to correspond more accurately to the correct rule and sanction. Amendments have been made to §801.143(h) – (l) so corresponding amendments have been made to match those changes. Lastly, some typographical errors are being corrected.
Texas Behavioral Health Executive Council
Proposed Rules Re:
Amending 22 TAC §882.32, to make all home addresses and telephone numbers of licensees confidential and not subject to disclosure per the requirement under S.B. 510.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER C. DUTIES AND RESPONSIBILITIES
22 TAC §882.32
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §882.32, relating to Duty to Update Name and Address.
BACKGROUND AND JUSTIFICATION
The proposed amendments are required due to the statutory changes made by S.B. 510, 88th Leg., R.S. (2023). Beginning September 1, 2023, Section 507.161 of the Occupations Code will make all home addresses and telephone numbers of licensees confidential and not subject to disclosure under Chapter 552 of the Government Code. Additionally, Section 552.11765 of the Government Code will make a license application, the home address, home telephone number, electronic mail address, social security number, date of birth, driver’s license number, state identification number, passport number, emergency contact information, or payment information of an applicant, licensee, or previous licensee confidential and not subject to disclosure under Chapter 552 of the Government Code.
Texas Department of State Health Services
Proposed Rules Re:
Amending 25 TAC §§229.172, 229.176 – 229.178, to require allergen training to be included in the SHS-accredited Certified Food Manager (CFM) and Food Handler (FH) training.
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER K. TEXAS FOOD ESTABLISHMENTS
25 TAC §§229.172, 229.176 – 229.178
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §229.172, concerning Accreditation of Certified Food Management Programs; §229.176, concerning Certification of Food Managers; §229.177, Certification of Food Managers in Areas Under the Department of State Health Services Permitting Jurisdiction; and §229.178, concerning Accreditation of Food Handler Education or Training Programs.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to comply with Senate Bill (S.B.) 812, 88th Legislature, Regular Session, 2023, which amends Texas Health and Safety Code §438.043 and §438.0431. S.B. 812 requires that allergen training be included in DSHS-accredited Certified Food Manager (CFM) and Food Handler (FH) training. S.B. 812 also amends Texas Health and Safety Code §438.103 to add language to require that state-approved CFM examinations include questions testing food allergen awareness. The proposed amendments reflect the required addition of food allergen awareness to DSHS-accredited CFM and FH training programs and CFM examinations.
Proposed Rule Reviews Re:
Proposing a review of Title 25, Part 1 concerning occupational diseases.
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 99, Occupational Diseases
This review is conducted in accordance with the requirements of 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 readopt, readopt with amendments, or repeal its rules.