Texas Register June 21, 2024 Volume: 49 Number: 25

Texas Register Table of Contents

1 Texas Department of Licensing and Regulation
- - 1.0.1 Proposed Rules Re:
2 Texas Board of Veterinary Medical Examiners
- - 2.0.1 Proposed Rules Re:
    - 2.0.1.1 Amending 22 TAC §577.15, to increase the license application fees for all licenses issued under the statute.
3 Department of Aging and Disability Services
- - 3.0.1 Transferred Rules Re:
    - 3.0.1.1 Rule transfer, to transfer certain rule sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 89, Advisory Committees to Texas Administrative Code, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 1, Committees.
4 Texas Health and Human Services Commission
5 Texas Department of Assistive and Rehabilitative Services
- - 5.0.1 Transferred Rules Re:
    - 5.0.1.1 Rule transfer, to transfer the former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter C, Councils, Board, and Committees, Division 4, Board for Evaluation of Interpreters Advisory Board to 1 TAC Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 2, Board for Evaluation of Interpreters Advisory Board.
6 Texas Department of State Health Services
- - 6.0.1 Proposed Rule Reviews Re:
    - 6.0.1.1 Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Freestanding Emergency Medical Care Facilities.
  - 6.0.2 In Addition Re:
    - 6.0.2.1 Correction of Error
7 Texas Optometry Board
- - 7.0.1 In Addition Re:
    - 7.0.1.1 Correction of Error

Texas Department of Licensing and Regulation

Proposed Rules Re:

Amending 16 TAC §130.1, §130.2, to change the name of the section from “Authority” to “Authority and Applicability,” update definitions for “Podiatric Medical Radiological Technician” and “Practitioner,” remove unnecessary language, and add clarifying language.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §130.1, §130.2

OVERVIEW

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC) Chapter 130, Subchapter A, §130.1 and §130.2; Subchapter B, §§130.20, 130.23,130.27, and 130.28; Subchapter C, §130.30 and §130.32; Subchapter D §§130.40 – 130.42; Subchapter E, §§130.50, 130.51, 130.54, 130.55, and §§130.57 – 130.59; Subchapter F, §130.60; and Subchapter G, §§130.70, 130.72, and 130.73; proposes new rules at Subchapter B, §§130.21. 130.22, and 130.24, Subchapter C, §§130.31, 130.34 – 130.37; and Subchapter D, §§130.43 – 130.48; and proposes the repeal of existing rules at Subchapter B, §§130.21, 130.22, and 130.24, Subchapter C, §130.31, Subchapter D, §§130.43 – 130.49; and Subchapter E, §130.52 and §130.53, regarding the Podiatric Medicine Program. These proposed changes are referred to as “proposed rules.”

BACKGROUND AND PURPOSE

The rules under 16 TAC, Chapter 130, implement Texas Occupations Code, Chapter 202, Podiatrists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 112, 116, and 601.

The proposed rules are necessary to implement changes recommended as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department’s Notice of Intent to Review 16 TAC, Chapter 130, was published in the September 3, 2021, issue of the Texas Register (46 TexReg 5598). At its meeting on October 18, 2022, the Commission readopted the rule chapter in its entirety without changes. The readoption notice was published in the February 25, 2022, issue of the Texas Register (47 TexReg 988).

In response to the Notice of Intent to Review that was published, the Department received one public comment from one interested party regarding Chapter 130. The comment questioned whether there is a fee for an inactive status license. The comment has been addressed in the proposed rules by explaining that there is not a fee for an inactive license.

The proposed rules also include changes recommended by Department staff during the rule review process to reorganize and streamline the entire chapter. These recommendations include changes to consolidate the existing rules, reorganize provisions by subject matter, expand existing Subchapter C, eliminate duplicative provisions, and apply plain language principles to improve clarity.

The proposed rules also change the license terms for the Podiatric Medical Radiological Technician license, the Hyperbaric Oxygen Certificate, and the Nitrous Oxide/Oxygen Inhalation Conscious Sedation Registration. Beginning January 1, 2025, all three license types will change from one-year to two-year terms and application and renewal fees will be updated to reflect this change. Existing licenses renewed by the Department will be valid for one year if renewed before January 1, 2025, or for two years if renewed on or after January 1, 2025.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §130.1, Authority. The proposed rules change the name of the section from “Authority” to “Authority and Applicability.” The proposed rules amend subsection (a) to identify other statutes that are implemented by the rules in Chapter 130. The proposed rules also add new subsection (b) to explain that the Chapters 60 and 100 rules also apply to the Podiatry program.

The proposed rules amend §130.2, Definitions. The proposed rules update the definition of “Podiatric Medical Radiological Technician” to clarify that the term includes a Podiatry X-ray Machine Operator. The proposed rules update the definition of “Practitioner” to clarify that the term includes a podiatrist and a podiatric physician. The proposed rules also remove unnecessary language from the definition of “Act” and add clarifying language to the definition of “License.”

Amending 16 TAC §§130.20 – 130.24, 130.27, 130.28, to streamline references to these sections.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER B. ADVISORY BOARD
16 TAC §§130.20 – 130.24, 130.27, 130.28

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules amend §130.20, Board Membership. The proposed rules streamline this section by referring to the Occupations Code instead of repeating it verbatim.

The proposed rules add new §130.21, Public Member Eligibility. The proposed rules streamline this section by referring to the Occupations Code instead of repeating it verbatim.

The proposed rules add new §130.22, Membership and Employee Restrictions. The proposed rules streamline this section by referring to the Occupations Code instead of repeating it verbatim.

The proposed rules amend §130.23, Terms; Vacancies. The proposed rules streamline this section by referring to the Occupations Code instead of repeating it verbatim.

The proposed rules add new §130.24, Grounds for Removal. The proposed rules streamline this section by referring to the Occupations Code instead of repeating it verbatim.

The proposed rules amend §130.27, Advisory Board Meetings and Duties of Department. The proposed rules merge subsection (i) into subsection (g).

The proposed rules amend §130.28, Training. The proposed rules streamline this section by referring to the Occupations Code instead of repeating it verbatim.

Amending 16 TAC §§130.21, 130.22, 130.24, to replace the existing sections with the new sections.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER B. ADVISORY BOARD
16 TAC §§130.21, 130.22, 130.24

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules repeal existing §130.21, Public Member Eligibility. This section is replaced with new §130.21, Public Member Eligibility.

The proposed rules repeal existing §130.22, Membership and Employee Restrictions. This section is replaced with new §130.22, Membership and Employee Restrictions.

The proposed rules repeal existing §130.24, Grounds for Removal. This section is replaced with new §130.24, Grounds for Removal.

Amending 16 TAC §§130.30 – 130.32, 130.34 – 130.37, to change chapter names, amend language, and rearrange sections for increased readability.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER C. TEMPORARY RESIDENCY
16 TAC §§130.30 – 130.32, 130.34 – 130.37

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules amend §130.30, Temporary Residency License–General Requirements and Application. The proposed rules remove the word “successfully” and replace the word “shall” with “must.”

The proposed rules add new §130.31, Temporary Residency License–License Term; Residency Requirements; Program Responsibilities. The proposed rules rename the section from “Temporary Residency License–Residency Requirements; Program Responsibilities; License Term” to “Temporary Residency License–License Term; Residency Requirements; Program Responsibilities.” The proposed rules rearrange the order of the section to increase readability.

The proposed rules amend §130.32, Temporary Residency License–Final Year of Residency. The proposed rules streamline the section to increase readability, rearrange the order of the section, and establish requirements a resident must follow in their final year of residency.

The proposed rules add new §130.34, Limited Faculty License–Requirements; License Term. The proposed rules create a standalone section for a limited faculty license by relocating existing §130.40(b) and §130.42(d) to this section. The proposed rules explain the requirements for procuring a limited faculty license and establish that the term of this license is up to two years. The proposed rules also establish when a limited faculty license will be terminated and that termination does not preclude a podiatrist from applying for or holding another license type issued under this subchapter.

The proposed rules add new §130.35, Podiatric Medical Radiological Technicians. The proposed rules relocate existing §130.53 to this section and update the number of training hours needed for podiatric medical radiological technicians. The proposed rules also change the length of the registration term from one year to two years. A registration is valid for one year if the registration was issued before January 1, 2025, or two years if the registration was issued on or after January 1, 2025. Similarly, the proposed rules establish that a registration renewed by the department is valid for one year if the renewal was issued before January 1, 2025, and must be renewed annually, or two years if the renewal was issued on or after January 1, 2025, and must be renewed every two years. The proposed rules explain the process for completing a renewal application, establish that human trafficking prevention training is required for each renewal, and explain when the department may refuse to issue or renew a registration.

The proposed rules add new §130.36, Hyperbaric Oxygen Certificate–Application Requirements and Guidelines. The proposed rules relocate existing §130.47 to this section and change the length of the certificate term from one year to two years. A certificate is valid for one year if the certificate was issued before January 1, 2025, or two years if the certificate was issued on or after January 1, 2025. Similarly, the proposed rules establish that a certificate renewed by the department is valid for one year if the renewal was issued before January 1, 2025, and must be renewed annually, or two years if the renewal was issued on or after January 1, 2025, and must be renewed every two years.

The proposed rules add new §130.37, Nitrous Oxide/Oxygen Inhalation Conscious Sedation-Registration Requirements, Guidelines, and Direct Supervision. The proposed rules relocate existing §130.48 to this section and change the length of the certificate term from one year to two years. A registration is valid for one year if the registration was issued before January 1, 2025, or two years if the registration was issued on or after January 1, 2025. Similarly, the proposed rules establish that a registration renewed by the department is valid for one year if the renewal was issued before January 1, 2025, and must be renewed annually, or two years if the renewal was issued on or after January 1, 2025, and must be renewed every two years.

Amending 16 TAC §130.31, to replace this section with new §130.31 regarding licensing.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER C. TEMPORARY RESIDENCY
16 TAC §130.31

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules repeal existing §130.31, Temporary Residency License–Residency Requirements; Program Responsibilities; License Term. This section is replaced with new §130.31, Temporary Residency License–License Term; Residency Requirements; Program Responsibilities.

Amending 16 TAC §§130.40 – 130.48, to change the name of some sections, relocate the limited faculty license language to the new section, and streamline the remaining language to improve readability.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE
16 TAC §§130.40 – 130.48

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules amend §130.41, Doctor of Podiatric Medicine License–Jurisprudence Exam. The proposed rules replace the word “shall” with “must.”

The proposed rules amend §130.42, Doctor of Podiatric Medicine License–Term; Renewal. The proposed rules remove language relating to a limited faculty license and relocate it to new §130.34. The proposed rules also remove outdated language and add clarifying language.

The proposed rules add new §130.43, Doctor of Podiatric Medicine License–Provisional License. The proposed rules remove duplicative language located elsewhere in the chapter and streamline the remaining language to make it easier to read.

The proposed rules add new §130.44, Continuing Medical Education–General Requirements. The proposed rules streamline the section and relocate the continuing medical education audit process to new §130.45.

The proposed rules add new §130.45, Continuing Medical Education–Audit Process. The proposed rules relocate audit information from current §130.44 and establish that the Department will select random license holders to ensure compliance with CME hours.

The proposed rules add new §130.46, Continuing Medical Education–Exceptions and Allowances; Approval of Hours. The proposed rules relocate the requirements of existing §130.45 to this new section.

The proposed rules add new §130.47, Inactive Status. The proposed rules relocate the requirements of existing §130.46 to this new section and establish that a practitioner may place a license on inactive status at no cost.

The proposed rules add new §130.48, Voluntary Charity Care Status. The proposed rules relocate the requirements of existing §130.49 to this new section.

Amending 16 TAC §§130.43 – 130.49, to repeal existing sections and replace them with the new versions of the sections.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE
16 TAC §§130.43 – 130.49

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules repeal existing §130.43, Doctor of Podiatric Medicine License–Provisional License. This section is replaced with new §130.43, Doctor of Podiatric Medicine License–Provisional License.

The proposed rules repeal existing §130.44, Continuing Medical Education–General Requirements. This section is replaced with new §130.44, Continuing Medical Education–General Requirements.

The proposed rules repeal §130.45, Continuing Medical Education–Exceptions and Allowances; Approval of Hours. The proposed rules relocate the repealed provisions to new §130.46.

The proposed rules repeal §130.46, Inactive Status. The proposed rules relocate the repealed provisions to new §130.47.

The proposed rules repeal §130.47, Hyperbaric Oxygen Certificate–Application Requirements and Guidelines. The proposed rules relocate the repealed provisions to new §130.36.

The proposed rules repeal §130.48, Nitrous Oxide/Oxygen Inhalation Conscious Sedation–Registration Requirements, Guidelines, and Direct Supervision. The proposed rules relocate the repealed provisions to new §130.37.

The proposed rules repeal §130.49, Voluntary Charity Care Status. The proposed rules relocate the repealed provisions to new §130.48.

Amending 16 TAC §§130.50, 130.51, 130.54, 130.55, 130.57 – 130.59, to streamline the section and improve readability.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER E. PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS
16 TAC §§130.50, 130.51, 130.54, 130.55, 130.57 – 130.59

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules amend §130.50, Practitioner Identification; Professional Corporations or Associations. The proposed rules remove language regarding the purpose of this section and streamline the rest of the section to make it easier to read.

The proposed rules amend §130.51, Advertising. The proposed rules streamline the section and remove language relating to certifying boards that are not recognized by the Council of Podiatric Medical Education of the American Podiatric Medical Association.

The proposed rules amend §130.54, Records. The proposed rules streamline the section to make it easier to read.

The proposed rules amend §130.55, Practitioner Code of Ethics. The proposed rules add new subsection (g) to establish that treatment must be consistent with best practices and standards observed in the podiatry community.

The proposed rules amend §130.57, Sexual Misconduct. The proposed rules streamline the section to make it easier to read.

The proposed rules amend §130.58, Standards for Prescribing Controlled Substances and Dangerous Drugs. The proposed rules streamline the section to make it easier to read.

The proposed rules amend §130.59, Opioid Prescription Limits and Required Electronic Prescribing. The proposed rules streamline the section to make it easier to read.

Amending 16 TAC §130.52, §130.53, to relocate the repealed provisions to the new §130.35.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER E. PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS
16 TAC §130.52, §130.53

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules repeal §130.52, Medical Offices, because the Department does not regulate medical offices, but individual licensees.

The proposed rules repeal §130.53, Podiatric Medical Radiological Technicians. The proposed rules relocate the repealed provisions to new §130.35.

Amending 16 TAC §130.60, to update the fees for the hyperbaric oxygen certificate, the nitrous oxide registration, and the podiatric medical radiological technician registration.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER F. FEES
16 TAC §130.60

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules amend §130.60, Fees. The proposed rules update the fees for the hyperbaric oxygen certificate, the nitrous oxide registration, and the podiatric medical radiological technician registration, because the certificate and registration terms are changed from one year to two years. The fees are $25 if the certificate or registration is issued or renewed before January 1, 2025, or $50 if the certificate or registration is issued or renewed on or after January 1, 2025. The proposed rules add a $0 fee for an Inactive Status License (Initial and Renewal). The proposed rules also make clean-up changes to the cross-referenced fees under Chapter 60.

Amending 16 TAC §§130.70, 130.72, 130.73, to streamline the section to improve readability and clarify the consequences for a violation of the Occupations Code.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER G. ENFORCEMENT
16 TAC §§130.70, 130.72, 130.73

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed rules amend §130.70, Complaints and Claims. The proposed rules replace the word “shall” with “must” and streamline the section to make it easier to read.

The proposed rules amend §130.72, Administrative Penalties and Sanctions. The proposed rules clarify that a person or entity who violates or attempts to violate the Occupations Code, this chapter, or any rule of the commission may face proceedings against them.

The proposed rules amend §130.73, Conditions of Suspension of License. The proposed rules streamline the section to make it easier to read.

Texas Board of Veterinary Medical Examiners

Proposed Rules Re:

Amending 22 TAC §577.15, to increase the license application fees for all licenses issued under the statute.

CHAPTER 577. GENERAL ADMINISTRATIVE DUTIES
SUBCHAPTER B. STAFF
22 TAC §577.15

OVERVIEW

The Texas Department of Licensing and Regulation (Department), on behalf of the Texas Board of Veterinary Medical Examiners (TBVME), proposes amendments to an existing rule at 22 Texas Administrative Code (TAC), Chapter 577, Subchapter B, §577.15, regarding the General Administrative Duties. These proposed changes are referred to as the “proposed rules.”

BACKGROUND AND PURPOSE

The rules under 22 TAC, Chapter 577, implement Texas Occupations, Chapter 801, Veterinarians.

The proposed rules amend §577.15, Fee Schedule. The proposed rules are required to comply with the General Appropriations Act, House Bill (HB) 1, 88th Legislature Regular Session (2023) at Article VIII, Section 1, which requires certain agencies, including the TBVME, to bring in enough revenue to cover the appropriations given to the TBVME. Therefore, the TBVME is required to increase its revenue through assessed fees to cover the additional appropriations.

The increased appropriation amount of this biennium is expected to decrease next biennium since the amount of funding the TBVME needs will decrease once a new licensing system has been procured. At that time the TBVME will propose rules to decrease the fee amounts so revenue projections for these proposed rules are only for the first two years following adoption.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §577.15, Fee Schedule. The proposed rules increase the license application fees for all licenses issued under the statute and rules.

Department of Aging and Disability Services

Transferred Rules Re:

Rule transfer, to transfer certain rule sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 89, Advisory Committees to Texas Administrative Code, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 1, Committees.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. Certain rule sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 89, Advisory Committees are being transferred to Texas Administrative Code, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 1, Committees.

The rules will be transferred in the Texas Administrative Code effective July 19, 2024.

Texas Health and Human Services Commission

Transferred Rules Re:

Rule transfer, to transfer certain rule sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 89, Advisory Committees to Texas Administrative Code, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 1, Committees.

OVERVIEW

The rules will be transferred in the Texas Administrative Code effective July 19, 2024.

Rule transfer, to transfer certain rule sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 89, Advisory Committees to Texas Administrative Code, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 1, Committees.

OVERVIEW

The rules will be transferred in the Texas Administrative Code effective July 19, 2024.

Proposed Rule Reviews Re:

Reviewing Title 1, Part 25, to consider for readoption, revision, or repeal of the chapter concerning the State Children’s Health Insurance Program.

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 370, State Children’s Health Insurance Program

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Special Care Facilities.

Chapter 506, Special Care Facilities

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 Transmittal Number 24-0006 to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act.

The purpose of this proposed amendment is to implement state statutory requirements in House Bill (H.B.) 1575, related to expanding the types of providers who can provide Case Management for Children and Pregnant Women (CPW) services. The two new provider types are doulas and community health workers.

Additionally, the 88th Legislature modified the eligible postpartum period in H.B. 12 to require continued medical assistance to eligible pregnant women for 12 months. This amendment includes conforming changes made by TN 23-0028 implementing H.B. 12. Other non-substantive updates have been done to formatting and language.

Public Notice – Texas Managed Care Quality Strategy

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit to the Centers for Medicare & Medicaid Services (CMS) an updated Texas Managed Care Quality Strategy.

In accordance with 42 CFR §438.340, each state contracting with a managed care organization (MCO) must draft and implement a written quality strategy for assessing and improving the quality of health care and services furnished by the MCO. The state must review and update the quality strategy as needed, but no less than once every three years. The current quality strategy was posted to the HHSC website and submitted to CMS in September 2021. HHSC will submit the 2024 Texas Managed Care Quality Strategy to CMS in September 2024.

Texas Department of Assistive and Rehabilitative Services

Transferred Rules Re:

Rule transfer, to transfer the former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter C, Councils, Board, and Committees, Division 4, Board for Evaluation of Interpreters Advisory Board to 1 TAC Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 2, Board for Evaluation of Interpreters Advisory Board.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(a), specified the Department of Assistive and Rehabilitative Services (DARS) be abolished September 1, 2017, after all its functions were transferred to HHSC or the Department of Family and Protective Services in accordance with Texas Government Code, §531.0201. The former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter C, Councils, Board, and Committees, Division 4, Board for Evaluation of Interpreters Advisory Board are being transferred to 1 TAC Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Advisory Committees, Division 2, Board for Evaluation of Interpreters Advisory Board.

The rules will be transferred in the Texas Administrative Code effective July 19, 2024.

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 Freestanding Emergency Medical Care Facilities.

The Texas Health and Human Services Commission (HHSC) 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 131, Freestanding Emergency Medical Care Facilities

In Addition Re:

Correction of Error

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposed amendments to 25 TAC Chapter 289 in the June 14, 2024, issue of the Texas Register (49 TexReg 4200). Due to an error by the Texas Register, the proposed amendments included an incorrect symbol for “microcuries”. The symbol was published as “Ci”. The correct symbol should be “µCi”.

Texas Optometry Board

In Addition Re:

Correction of Error

OVERVIEW

The Texas Optometry Board proposed the repeal of 22 TAC §280.2 in the June 14, 2024, issue of the Texas Register (49 TexReg 4143).

Due to an error by the Texas Register, the rule was incorrectly listed in the proposed repeal.

The first paragraph of the proposed repeal should read as follows:

The Texas Optometry Board proposes the repeal of 22 TAC Chapter 280 Therapeutic Optometry. The Board is repealing the following rules: §280.2 Required Education; §280.3 Certified Therapeutic Optometrist Examination; and §280.8 Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation.

Also, the repeal was published with the wrong section number. The information should have been published as follows:

§280.2. Required Education.