Texas Register March 22, 2024 Volume: 49 Number: 12

Governor

Appointments Re:

Appointed to the Texas Board of Respiratory Care for a term to expire February 1, 2029:

• Latana T. Jackson of DeSoto, Texas;
• Nathan A. Rodrigues of Round Rock, Texas; and
• Sonia K. Sanderson of Beaumont, Texas.

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Designating Sam G. “Gregg” Marshall, Ph.D. of Round Rock as presiding officer of the Texas Board of Respiratory Care for a term to expire at the pleasure of the Governor. Dr. Marshall is replacing Latana T. Jackson of DeSoto as presiding officer.

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State Board of Dental Examiners

Proposed Rules Re:

Amending 22 TAC §101.6, to implement requirements regarding dental licensing processes for military service members, veterans, and spouses.

Chapter 101. DENTAL LICENSURE
22 TAC §101.6

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §101.6, concerning dental licensing for military service members, military veterans, and military spouses.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, this amendment requires the board to process a military service member, military spouse, or military veteran’s application for alternative licensing within 30 days from receipt of the application and to issue a license to a qualified applicant. Additionally, the amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law.

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Amending 22 TAC §101.14, to specify exemptions from licensure for certain military service members and spouses, and add clarifications to procedures in the event a person’s status as a military spouse changes.

Chapter 101. DENTAL LICENSURE
22 TAC §101.14

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §101.14, concerning exemption from licensure for certain military service members and military spouses.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the proposed amendment includes “military service members” in the title and makes the rule applicable to military service members in addition to military spouses. The proposed amendment also adds a requirement that the Board verify the licensure and issue an authorization to practice recognizing the licensure within 30 days of the date a military service member or military spouse submits the information required by the rule. The proposed amendment further provides that, in the event of a divorce or similar event that affects a person’s status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.

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Amending 22 TAC §102.1, to require the payment of various fees related to the renewal of licenses, certificates, and the reactivation of retired or cancelled registrations.

CHAPTER 102. FEES
22 TAC §102.1

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §102.1, concerning fees.

BACKGROUND AND JUSTIFICATION

The proposed amendment implements Section 257.002(c)-(c-1) of the Texas Occupations Code by requiring licensees whose license is expired for 90 days or less to pay a renewal fee that is equal to 1½ times the normally required renewal fee, and whose license is expired for more than 90 days but less than one year to pay a renewal fee that is equal to two times the normally required renewal fee.

The proposed amendment requires dental hygienists to pay a fee to apply for a local infiltration anesthesia certificate in accordance with Sections 258.001 and 262.002 of the Texas Occupations Code, and 22 TAC §115.10.

The proposed amendment requires registered dental assistants to pay a fee to reactivate a retired registration, and to reinstate a cancelled registration, in accordance with 22 TAC §114.8 and §114.13.

The proposed amendment changes the Texas Online fee to implement the Fiscal Year 2024 Texas.gov Fee Schedule. The updated fees were lower resulting in an overall smaller fee.

The proposed amendment changes the National Practitioner Data Bank (NPDB) fee to implement the NPDB’s increased continuous query fee from $2.00 to $2.50.

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Amending 22 TAC §103.10, to specify exemptions from licensure for certain military service members and spouses, add licensure processing requirements, and clarify procedures in the event a person’s status as a military spouse changes.

CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.10

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §103.10, concerning exemption from licensure for certain military service members and military spouses.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the proposed amendment includes “military service members” in the title and makes the rule applicable to military service members in addition to military spouses. The proposed amendment also adds a requirement that the Board verify the licensure and issue an authorization to practice recognizing the licensure within 30 days of the date a military service member or military spouse submits the information required by the rule. The proposed amendment further provides that, in the event of a divorce or similar event that affects a person’s status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.

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Amending 22 TAC §114.5, to provide coronal polishing requirements for dental assistants.

CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL ASSISTANTS
22 TAC §114.5

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §114.5, concerning coronal polishing requirements for dental assistants.

BACKGROUND AND JUSTIFICATION

The intent of the amendment is (1) to make it easier for dental assistants who have completed their training at a CODA-accredited program to begin coronal polishing without having to wait on gaining one year of work experience, and (2) to reduce the work experience requirement from two years to one year for dental assistants who did not graduate from a CODA-accredited program. Accordingly, the proposed amendment removes the work experience requirement for a dental assistant who graduated from a CODA-accredited program, and requires one-year work experience for a dental assistant who has not graduated from a CODA-accredited program before the dental assistant can apply to a CODA-accredited program to obtain coronal polishing education.

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Amending 22 TAC §114.7, to apply the rule to military service members as well as military spouses, add licensure processing requirements, and clarify procedures in the event a person’s status as a military spouse changes.

CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL ASSISTANTS
22 TAC §114.7

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §114.7, concerning exemption from licensure for certain military service members and military spouses.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the proposed amendment includes “military service members” in the title and makes the rule applicable to military service members in addition to military spouses. The proposed amendment also adds a requirement that the Board verify the registration and issue an authorization to practice recognizing the registration within 30 days of the date a military service member or military spouse submits the information required by the rule. The proposed amendment further provides that, in the event of a divorce or similar event that affects a person’s status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.

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Amending 22 TAC §115.10, to outline the certification and administration standards required for the use of a local anesthetic agent by a dental hygienist.

CHAPTER 115. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL HYGIENE
22 TAC §115.10

OVERVIEW

The State Board of Dental Examiners (Board) proposes new rule 22 TAC §115.10, concerning the administration of local infiltration anesthesia by a dental hygienist. The proposed new rule pertains to the certification and standards for the administration of a local anesthetic agent by a dental hygienist as set out in House Bill 3824 of the 88th Texas Legislature, Regular Session (2023), and codified at Sections 258.001 and 262.002 of the Texas Occupations Code.

BACKGROUND AND JUSTIFICATION

This rule was initially proposed at the November 3, 2023 Board meeting and published in the December 15, 2023, issue of the Texas Register. During the public comment period, the Board received stakeholder comments requesting to clarify what “direct supervision” means in subsection (b)(1), and requesting to lower the amount of continuing education hours a dental hygienist is required to take in accordance with subsection (f)(1). As a result of the stakeholder comments, the Board decided to make the following changes to the rule: to add subsection (a)(2) to define what direct supervision means, which mirrors the definition found in 22 TAC §110.1(7) and the language in Section 258.001(5)(B); and, to lower the required amount of continuing education hours from 6 hours to 2 hours every two years. Additionally, the Board voted to have the continuing education requirement be in addition to any additional courses required for licensure. As a result of these changes, the Board voted to re-propose this rule at its February 16, 2024 meeting.

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Withdrawn Rules Re:

Withdrawing proposed new 22 TAC §115.10, to describe the standards and certification for administration of local anesthetic agent by a dental hygienist.

CHAPTER 115. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL HYGIENE
22 TAC §115.10

OVERVIEW

The State Board of Dental Examiners withdraws proposed new §115.10 which appeared in the December 15, 2023, issue of the Texas Register (48 TexReg 7284).

Filed with the Office of the Secretary of State on March 8, 2024.

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Texas State Board of Pharmacy

Proposed Rules Re:

Amending 22 TAC §291.12, to specify the requirements for the delivery of prescription drugs to a patient or a patient’s agent.

CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.12

OVERVIEW

The Texas State Board of Pharmacy proposes a new rule §291.12, concerning Delivery of Prescription Drugs. The new rule, if adopted, specifies requirements for the delivery of prescription drugs to a patient or patient’s agent.

BACKGROUND AND JUSTIFICATION

Daniel Carroll, Pharm.D., Executive Director/Secretary, 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. Dr. Carroll 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 proposed rule will be to improve the health, safety, and welfare of patients by ensuring the safety and efficacy of prescription drugs that are delivered to a patient or patient’s agent by Class A, Class A-S, Class E, and Class E-S pharmacies. For each year of the first five-year period the proposed rule §291.12 will be in effect, the probable economic cost to persons required to comply with the rule is $0.28 to $13.87 per package.

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Amending 22 TAC §291.131, to update preparation requirements for pharmacies compounding non-sterile preparations.

CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.131

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.131, concerning Pharmacies Compounding Non-Sterile Preparations. The amendments, if adopted, update the personnel, environment, labeling, compounding process, quality assurance, and recordkeeping requirements for pharmacies compounding non-sterile preparations.

BACKGROUND AND JUSTIFICATION

Daniel Carroll, Pharm.D., Executive Director/Secretary, 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. Dr. Carroll 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 ensure the safety and efficacy of compounded non-sterile preparations for patients, improve the health, safety, and welfare of patients by ensuring that Class A, Class C, and Class E pharmacies engaged in non-sterile compounding operate in a safe and sanitary environment, and provide clearer regulatory language. For each year of the first five-year period the rule will be in effect, the probable economic cost to persons required to comply with the amendments is $200. If a pharmacy engages in activities that require the purchase of a containment primary engineering control, the estimated cost of the device is $5,000 to $14,000.

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Cancer Prevention and Research Institute of Texas

Proposed Rules Re:

Amending 25 TAC §701.3, to define the term “tranche” in the Institute’s defined terms.

CHAPTER 701. POLICIES AND PROCEDURES
25 TAC §701.3

OVERVIEW

The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amending 25 Texas Administrative Code §701.3 by adding a definition of “tranche” to the Institute’s defined terms.

BACKGROUND AND JUSTIFICATION

The proposed rule change defines the term “tranche” used CPRIT’s administrative rules to refer to the portion of total Grant Award funds that is released to the Grant Recipient upon a Grant Recipient’s successful completion of predefined milestones or adherence to specific timelines as outlined in the Grant Contract.

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Amending 25 TAC §§703.10, 703.21, 703.23, to use the term “tranche” in a way that is consistent with its definition in §701.3.

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH
25 TAC §§703.10, 703.21, 703.23

OVERVIEW

The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amending 25 Texas Administrative Code §§703.10, 703.21, and 703.23 to consistently use the term “Tranche” as defined in §701.3.

BACKGROUND AND JUSTIFICATION

The proposed changes to Chapter 703 capitalize “Tranche” to consistently refer to the term as written and defined in §701.3. The proposed amendments do not change any substantive requirements in Chapter 703.

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Texas Department of Insurance, Division of Workers’ Compensation

Proposed Rules Re:

Amending 28 TAC §180.2, to prevent health care providers or their agents from using the DWC’s complaint process to submit complaints for medical billing issues from more than 12 months before the date of the complaint, unless there is an MFDR exception.

CHAPTER 180. MONITORING AND ENFORCEMENT
SUBCHAPTER A. GENERAL RULES FOR ENFORCEMENT
28 TAC §180.2

OVERVIEW

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) proposes to amend 28 TAC §180.2, concerning filing a complaint. Section 180.2 implements Texas Labor Code §402.023.

The proposed amendments prevent health care providers or their agents from trying to use DWC’s complaint process to collect fees instead of submitting their medical fee disputes properly through the medical fee dispute resolution (MFDR) process established by Labor Code §413.031. Under the MFDR process, health care providers have one year after the date of service to bring a fee dispute, unless an exception applies. However, some health care providers and their agents have tried to use DWC’s complaint process to collect disputed fees when they fail to file a fee dispute before the MFDR deadline. To address this problem, the proposed amendments clarify that a health care provider cannot submit a complaint about a medical billing issue if the date of service for the medical billing issue was more than 12 months before the date of the complaint, unless an MFDR deadline exception applies. The restriction does not apply to a health care provider submitting a complaint under Insurance Code Chapter 1305.

The proposed amendments also include nonsubstantive editorial and formatting changes that make updates for plain language and agency style to improve the rule’s clarity.

BACKGROUND AND JUSTIFICATION

Amending §180.2 is necessary to ensure that no health care provider or agent can use the complaint process to circumvent the MFDR filing deadline in 28 TAC §133.307(c), concerning medical fee dispute resolution. Labor Code §402.023 requires the commissioner to adopt rules about filing complaints, including how to file a complaint and what constitutes a frivolous complaint. Labor Code §413.031 requires the commissioner to adjudicate disputes over the amount of payment due for services determined to be medically necessary and appropriate for treatment of a compensable injury. DWC’s MFDR rules, including §133.307, contain requirements for adjudicating those disputes. Amending §180.2 as proposed will prevent health care providers and their agents from using DWC’s complaint process to avoid the MFDR rules that the commissioner adopted to comply with Labor Code §§402.023 and 413.031.

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Texas State Board of Social Worker Examiners

Withdrawn Rules Re:

Withdrawing proposed amendment to 22 TAC §781.323, to provide information on telehealth practice.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.323

OVERVIEW

The Texas State Board of Social Worker Examiners withdraws proposed amendments to §781.323 which appeared in the November 17, 2023, issue of the Texas Register (48 TexReg 6722).

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Adopted 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 adopts amended §781.404, relating to Recognition as a Council-approved Supervisor and the Supervision Process. Section 781.404 is adopted with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5438) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments are intended to clarify the allowable fee arrangements between supervisor and supervisee.

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Amending 22 TAC §781.412, to remove the requirement that an applicant must receive a passing score on the ASWB national examination within two years prior to the initial or upgrade application.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.412

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §781.412, relating to Examination Requirement. Section 781.412 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6723) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments eliminate the requirement that an applicant must receive a passing score on the ASWB national examination within two years prior to the initial or upgrade application. The rule as adopted will still require a passing score before the date of application, but examination scores older than two years will no longer expire for licensure purposes. The licensure exams for other types of behavioral health licensees, such as psychologists and marriage and family therapists, do not have a time limit or expiration for their examination scores. Therefore, this two year expiration for a passing scores has been deleted.

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Amending 22 TAC §781.501, to allow field and practicum instructors to earn up to ten hours of continuing education credit for providing instruction to social work students.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.501

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §781.501, relating to Requirements for Continuing Education. Section 781.501 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5441) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted 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.

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Texas State Board of Examiners of Psychologists

Adopted Rules Re:

Amending 22 TAC §463.9, to allow applicants 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 meets other requirements.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.9

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §463.9, relating to Licensed Specialist in School Psychology. Section 463.9 is adopted with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5435) and will be republished.

BACKGROUND AND JUSTIFICATION

The adopted 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.

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Texas State Board of Examiners of Professional Counselors

Adopted Rules Re:

Amending 22 TAC §681.72, to remove the requirement that an applicant must get a passing score on the NCE or NCMHCE within five years of the date of application.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.72

OVERVIEW

The Texas Behavioral Health Executive Council adopts amended §681.72, relating to Required Application Materials. Section 681.72 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6720) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments delete the requirement that an applicant must receive a passing score on either the NCE or NCMHCE within five years of the date of application. The licensure exams for other types of behavioral health licensees, such as psychologists and marriage and family therapists, do not have a time limit or expiration for their examination scores. Therefore, this five year expiration for a passing scores is deleted.

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Texas State Board of Examiners of Marriage and Family Therapists

Adopted 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 adopts amended §801.2, relating to Definitions. Section 801.2 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5443) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendment adds a definition for independent practice for the purpose of providing greater clarity in the rules.

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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 adopts amended §801.48, relating to Record Keeping, Confidentiality, Release of Records, and Required Reporting. Section 801.48 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5446) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendment provides greater clarity in the rules, to make it clear that any licensee in private practice must establish a plan of custody and control for a client’s records.

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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 adopts amended §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5447) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted 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.

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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 adopts amended §801.143, relating to Supervisor Requirements. Section 801.143 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5449) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted 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 adopted amendments make it clear that a supervisor must establish a plan of custody and control for records of supervision for their LMFT Associates.

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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 adopts the repeal of §801.305, relating to Schedule of Sanctions. The repeal of §801.305 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5451) and will not be republished.

BACKGROUND AND JUSTIFICATION

This rule is repealed and replaced with a new schedule of sanctions that is adopted elsewhere in this issue of the Texas Register.

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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 adopts new §801.305, relating to Schedule of Sanctions. Section 801.305 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5453) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted 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 was re-proposed and now adopted, 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 adopted 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 adopted 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 subsection (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.

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Texas Behavioral Health Executive Council

Adopted Rules Re:

Amending 22 TAC §882.23, to provide clarification on when an individual is conducting a professional service in Texas.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER B. LICENSE
22 TAC §882.23

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §882.23, relating to License Required to Practice. Section 882.23 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6725) and will be republished. The changes to the adopted rule are made in response to public comments.

BACKGROUND AND JUSTIFICATION

The adopted amendments clarify when an individual is conducting a professional service in Texas, which is regulated by the Executive Council. The determining factor is, if the recipient of the professional service is physically located in Texas, then the individual is conducting the regulated practice of marriage and family therapy, professional counseling, psychology, or social work in Texas.

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Amending 22 TAC §882.28, to add a process which updates the degree listed on a license.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER B. LICENSE
22 TAC §882.28

OVERVIEW

The Texas Behavioral Health Executive Council adopts new §882.28, relating to Update to Degree on a License. Section 882.28 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6726) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted new rule implements a process to update the degree listed on a license.

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Amending 22 TAC §883.1, to add the requirement that licenses which are selected for audit during renewal must obtain and submit a National Practitioner Data Base self-query.

CHAPTER 883. RENEWALS
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §883.1

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §883.1, relating to Renewal of a License. Section 883.1 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6727) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments require licensees selected for audit during renewal to obtain and submit a National Practitioner Data Base self-query. Council rule §882.2 requires new applicants to submit an NPDB self-query with their application, but previously there was no Council rule that required current licensees to submit an NPDB self-query. In a recent audit conducted by the State Auditor’s Office, the lack of any required NPDB self-query for licensure renewal was identified as an area of concern for the licensing functions of the Council. Section 507.258 of the Occupations Code requires the Council to establish a process to search a national practitioner database to determine whether another state has taken any disciplinary or other legal action against an applicant or license holder before issuing an initial or renewal license. Therefore, these rule amendments have been adopted to address this identified area of concern, and to further implement §507.258 of the Occupations Code.

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Amending 22 TAC §884.1, to clarify that the rule of limitation for timeliness of a complaint does not apply to applications for reinstatement.

CHAPTER 884. COMPLAINTS AND ENFORCEMENT
SUBCHAPTER A. FILING A COMPLAINT
22 TAC §884.1

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §884.1, relating to Timeliness of Complaints. Section 884.1 is adopted without changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6729) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments provide notice and clarity that the rule of limitations for the timeliness of a complaint does not apply to applications for reinstatement.

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Amending 22 TAC §885.1, to notify applicants and licensees that attempting to refund fees paid to the Council may result in potential disciplinary action.

CHAPTER 885. FEES
22 TAC §885.1

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §885.1, relating to Executive Council Fees. Section 885.1 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6730) and will be republished. The changes to the adopted rule are made to correct typographical errors.

BACKGROUND AND JUSTIFICATION

The adopted amendments provide additional notice to applicants and licensees of the potential disciplinary action that may result from attempting to refund fees paid to the Council. Additionally, a new rule has been adopted, §882.28, regarding updates to degrees on licenses, so a new fee of $54.00 has been adopted for these types of applications.

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Texas Health and Human Services Commission

Adopted Rule Reviews Re:

Adopting the review of Title 26, Part 1, concerning Nursing Facility Requirements for Licensure and Medicaid Certification.

The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC): Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification

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In Addition Re:

Public Notice – Amendments to the Texas State Plan for Medical Assistance

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit the following amendment: Transmittal number 24-0001 to amend the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed effective date of the amendment is January 1, 2024.

The purpose of this amendment is to provide children under age 19 with 12 months of continuous eligibility in Medicaid, in accordance with Section 1902(e)(12) of the Social Security Act, as amended by Section 5112 of the Consolidated Appropriations Act, 2023. Children under age 19 will remain continuously eligible for the full 12-month certification period, regardless of changes in circumstances with certain exceptions.

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Texas Department of State Health Services

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Nutrition Services.

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 31, Nutrition Services

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Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter regarding Stock Medication in Schools and Other Entities.

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 40, Stock Medication in Schools and Other Entities

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Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Birthing Centers.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services, 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 137, Birthing Centers

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Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter regarding Health Professions Regulation.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services, 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 140, Health Professions Regulation

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Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Milk and Dairy.

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 217, Milk and Dairy

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Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter regarding Manufacture, Distribution, And Retail Sale of Consumable Hemp Products.

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 300, Manufacture, Distribution, And Retail Sale of Consumable Hemp Products

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Adopted Rule Reviews Re:

Adopting the review of Title 25, Part 1, concerning Standard of Care.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code:

Chapter 448, Standard of Care

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Texas Department of Aging and Disability Services

Proposed Rule Reviews Re:

Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Employment Practices.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Aging and Disability Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 77, Employment Practices

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