Texas Register Table of Contents
- 1
- 2 Governor
- 3 Texas Health and Human Services Commission
- 4 Texas Health and Human Services Commission
- 5 Texas Department of Insurance
- 6 Texas Health and Human Services Commission
- 7 Texas Health and Human Services Commission
- 8 Texas Department on Aging and Disability Services
- 9 Texas Health and Human Services Commission
- 10 Texas Health and Human Services Commission
- 11 Texas Health and Human Services Commission
- 12 Texas Health and Human Services Commission
- 13 Texas Health and Human Services Commission
- 14 Texas Department of State Health Services
- 15 Texas Department of State Health Services
- 16 Texas Behavioral Health Executive Council
- 17 Texas Behavioral Health Executive Council
- 18 Texas Behavioral Health Executive Council
- 19 Texas Behavioral Health Executive Council
- 20 Texas Behavioral Health Executive Council
- 21 Texas Behavioral Health Executive Council
- 22 Texas Behavioral Health Executive Council
- 23 Texas Behavioral Health Executive Council
- 24 Texas Behavioral Health Executive Council
- 25 Texas Behavioral Health Executive Council
- 26 Texas Behavioral Health Executive Council
- 27 Texas Behavioral Health Executive Council
- 28 Texas Behavioral Health Executive Council
- 29 Texas Behavioral Health Executive Council
- 30 Texas Behavioral Health Executive Council
- 31 Texas Behavioral Health Executive Council
- 32 Texas Behavioral Health Executive Council
- 33 Texas Behavioral Health Executive Council
- 34 Texas Behavioral Health Executive Council
- 35 Texas Behavioral Health Executive Council
- 36 Texas Behavioral Health Executive Council
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Governor
Appointments
Governor appoints four members to the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council
Appointments for April 13, 2020Appointed pursuant to HB 2783, 86th Legislature, Regular Session, to the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council, for terms to expire August 31, 2021, the following individuals:Anne M. Esquivel, Ph.D. of New Braunfels, TexasDaniel V. “Dan” Freeland, D.O. of Lakeway, TexasSarah Rosen Garrett of Spicewood, TexasSuzanne K. Gazda, M.D. of San Antonio, Texas
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §500.21, updating requirements to reduce treatment barriers for End Stage Renal Disease facilities in response to COVID-19
CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER B. END STAGE RENAL DISEASE FACILITIES26 TAC §500.21OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis new Section §500.21, ESRD Facility Requirements in Response to COVID-19, in Texas Administrative Code (TAC), Title 26, Chapter 500, Subchapter B, concerning an emergency rule to update regulatory requirements for end stage renal disease (ESRD) facilities to reduce barriers to treatment in response to COVID-19.To protect current and future patients in health care facilities and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rules to reduce barriers to treatment for dialysis patients by updating ESRD regulatory guidelines regarding staffing ratios, in-home visits, telemedicine, incident reporting, and education and training requirements for staff.BACKGROUND AND PURPOSEAs authorized by Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state exists and requires immediate adoption of this new rule to ensure that dialysis patients receive safe treatment.
Texas Health and Human Services Commission
Emergency Rule
CHAPTER 745. LICENSINGSUBCHAPTER X. EMERGENCY RULESDIVISION 1. RULES FOR CERTAIN DAY CARE OPERATIONS IN RESPONSE TO COVID-1926 TAC §745.10001OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 745 Licensing, new §745.10001, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19. To protect children in day care and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting this emergency rule to restrict entry into a day care operation and require screening of certain persons authorized to enter a day care operation.BACKGROUND AND PURPOSEAs authorized by Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency adoption is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Certain Day Care Operations Response to COVID-19.
Texas Department of Insurance
Emergency Rule
Division of Workers’ Compensation adopts new 28 TAC §167.1, requiring healthcare providers to bill for telemedicine and telehealth services using the same billing and reporting procedures used for in-person services
PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATIONCHAPTER 167. EMERGENCY RULESSUBCHAPTER A. COVID-19 EMERGENCY RULES28 TAC §167.1OVERVIEWThe Commissioner of Workers’ Compensation adopts on an emergency basis new 28 Texas Administrative Code §167.1, relating to telemedicine and telehealth services, effective immediately. The emergency adoption is necessary to ensure enhanced access to telemedicine and telehealth services in response to the COVID-19 disaster declaration.This emergency rule builds on the existing telemedicine and telehealth rules, as adopted by DWC and described in the section below, by creating an exception to current CMS distant site practitioner requirements. This rule allows health care providers licensed to perform physical medicine and rehabilitation services, including physical therapists, occupational therapists, and speech pathologists to bill and be reimbursed for services currently allowed under CMS telemedicine and telehealth billing codes.Health care providers must bill for telemedicine or telehealth services using the same billing, coding, reporting, and documentation requirements used for in-person services and include a place of service code “02 – telehealth” on the bill. Services will be reimbursed at DWC’s fee schedule rate or network contracted rate, whether provided in person or through telemedicine or telehealth. An originating site facility fee is not eligible for reimbursement.BACKGROUND AND PURPOSETexas workers’ compensation allows for billing and reimbursement of certain telemedicine and telehealth services when they are available as an alternative to office-based health care. Physicians licensed in Texas provide telemedicine services. Health care professionals other than physicians, as defined in Occupations Code §111.001, provide telehealth services. 28 TAC §134.203 sets the reimbursement rates for telemedicine and telehealth services for non-network claims. For certified network claims and claims receiving telemedicine and telehealth services under Labor Code §504.053(b)(2), reimbursement rates are determined by network contracts. 28 TAC §133.30 provides health care provider procedures for billing and reimbursement of certain telemedicine and telehealth services in the Texas workers’ compensation system. Health care providers must bill for services according to Medicare payment policies and provisions in Chapters 133 and 134. Medicare policies adopted by the Division of Workers’ Compensation (DWC) do not allow or pay for a full array of physical medicine and rehabilitation services when delivered through telemedicine or telehealth. Medicare also does not currently reimburse for asynchronous telemedicine services.
Texas Health and Human Services Commission
Proposed Rules
Amending 1 TAC §353.1305 to include non-state-owned institutions for mental diseases (IMDs) as a class of hospital eligible for rate increases under the Uniform Hospital Rate Increase Program (UHRIP)
CHAPTER 353. MEDICAID MANAGED CARESUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES1 TAC §353.1305OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §353.1305, concerning Uniform Hospital Rate Increase Program.HHSC proposed to include non-state-owned institutions for mental diseases (IMDs) as a class of hospital eligible for rate increases under the uniform hospital rate increase program (UHRIP). Rate increases will apply only to payments made for inpatient psychiatric hospital services provided by non-state-owned IMDs to individuals under the age of 21 or inpatient hospital services provided by non-state-owned IMDs to individuals 65 years of age or older. Expanding UHRIP to these providers will increase the availability of services for eligible Medicaid beneficiaries with behavioral health needs.HHSC also proposes to clarify that UHRIP rate increases apply only to the in-network managed care claims billed under the primary National Provider Identifier (NPI) number associated with the hospital. This proposed change clarifies that a non-hospital sub-provider owned or operated by a hospital is not eligible to receive the increase.BACKGROUND AND EXPLANATIONUHRIP is a Medicaid managed care directed payment program authorized by 42 CFR §438.6(c). HHSC launched UHRIP as a pilot project in December 2017 in the El Paso and Bexar managed care service delivery areas (SDAs). In September 2018, UHRIP expanded to the entire state. Through UHRIP, managed care organizations (MCOs) are contractually required to increase the reimbursement rate paid to hospitals for inpatient and outpatient services. The rate increase is a uniform percentage that varies by hospital class. UHRIP is a voluntary program and requires participation from all MCOs and network hospitals in an SDA.Federal regulation has largely prohibited states from receiving federal Medicaid funds for services provided to beneficiaries in IMDs. This restriction is commonly referred to as the “Medicaid IMD Exclusion.” However, two exemptions exist under §1905(a) of the Social Security Act: (1) inpatient hospital services and nursing facility services for individuals 65 years of age or older, and (2) inpatient psychiatric hospital services for individuals under age 21.
Texas Health and Human Services Commission
Proposed Rules
Amending 1 TAC §355.8212 to clarify processes and methodology for uncompensated charity care waiver payments to hospitals
CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT1 TAC §355.8212OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §355.8212, concerning Waiver Payments to Hospitals for Uncompensated Charity Care.The purpose of the rule amendment is to clarify how the uncompensated-care (UC) payment amount is calculated, including what constitutes total eligible UC costs and eligible hospital charity-care costs, as well as the process of returning to governmental entities the non-federal share of funds in the event of certain recoupments.BACKGROUND AND PURPOSECurrently, subsection (g) defines “total eligible uncompensated costs” for a hospital receiving both Disproportionate Share Hospital (DSH) payments and UC payments as the hospital’s DSH hospital-specific limit (HSL) plus the unreimbursed costs of inpatient and outpatient services provided to uninsured charity-care patients. The intent of this definition is to ensure that a hospital is not being reimbursed for the same costs in both DSH and UC. A hospital may have unreimbursed charity-care costs that are not included in the hospital’s DSH HSL. HHSC proposes to amend the definition of “total eligible uncompensated costs” to clarify the intended meaning, which is that a hospital’s total eligible uncompensated costs include the unreimbursed charity-care costs that are not included in the hospital’s DSH HSL for the corresponding program year.In addition, HHSC proposes to clarify that a hospital’s uninsured charity-care payments must be included in a hospital’s UC application and will be considered in the calculation of a hospital’s annual maximum uncompensated-care payment. The proposed change is consistent with the current UC protocol described in the Texas Healthcare Transformation and Quality Improvement Program 1115 Medicaid demonstration waiver, approved by the Centers for Medicare & Medicaid Services.HHSC also proposes to amend the recoupment provision to clarify that, in the event funds are recouped from a hospital, the non-federal share will be returned to the governmental entities in proportion to each entity’s initial contribution to funding the UC program.
Texas Department on Aging and Disability Services
Adopted Rules
HHSC adopts amendments to six provisions in 40 TAC, Subchapter D, relating to the Home and Community-Based Services Program and Community First Choice Program
CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §§9.153, 9.171, 9.181 – 9.183, 9.186, 9.188As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts amendments to the following sections in Subchapter D, Home and Community-based Services (HCS) Program and Community First Choice (CFC) with changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7494). Therefore, these rules will be republished:§9.153 (Definitions)§9.171 (HHSC Surveys and Residential Visits of a Program Provider) §9.181 (Administrative Penalties) §9.183 (Program Provider Compliance and Corrective Action)The Executive Commissioner of HHSC adopts amendments to the following sections in Subchapter D, Home and Community-based Services (HCS) Program and Community First Choice (CFC) without changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7494). These rules will not be republished:§9.186 (Programs Provider’s Right to Administrative Hearing)§9.188 (Approval of Residences)
Texas Health and Human Services Commission
Adopted Rules
HHSC repeals 40 TAC §9.185, relating to the Home and Community-Based Services Program and Community First Choice Program provider compliance
CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.185As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts he repeal of §9.185 (Program Provider Compliance and Corrective Action) in Subchapter D, Home and Community-based Services (HCS) Program and Community First Choice (CFC) without changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7494). The rule will not be republished.
Texas Health and Human Services Commission
Adopted Rules
HHSC adopts three amendments and three new rules in 40 TAC, Subchapter N, relating to the Texas Home Living (TxHML) Program and Community First Choice Program
CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER N. TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §§9.553, 9.575, 9.576, 9.581, 9.586, 9.587As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts the following changes in Subchapter N, Texas Home Living (TxHmL) Program and Community First Choice (CFC), with changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7494). Therefore, these rules will be republished:Amendment to §9.553 (Definitions)Amendment to §9.576 (HHSC Surveys of a Program Provider)New §9.587 (Program Provider Compliance and Corrective Action)The Executive Commissioner of HHSC adopts amendments to the following sections in Subchapter N, Texas Home Living (TxHmL) Program and Community First Choice (CFC), without changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7494). These rules will not be republished:Amendment to §9.575 (Program Provider’s Right to Administrative Hearing)New §9.581 (Administrative Penalties)New §9.586 (Amelioration)
Texas Health and Human Services Commission
Adopted Rules
HHSC repeals 40 TAC §9.577, relating to the Texas Home Living (TxHML) Program and Community First Choice Program provider compliance
CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER N. TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.577As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts the repeal of §9.577 (Program Provider Compliance and Corrective Action) in Subchapter N, Texas Home Living (TxHmL) Program and Community First Choice (CFC) without changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7494). This rule will not be republished.
Texas Health and Human Services Commission
Adopted Rules
HHSC adopts amendment to 40 TAC §49.209, regarding a standard contract for community services
CHAPTER 49. CONTRACTING FOR COMMUNITY SERVICESSUBCHAPTER B. CONTRACTOR ENROLLMENT40 TAC §49.209As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts amendments to §49.209 (Standard Contract) without changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7523). The rules will not be republished.
Texas Health and Human Services Commission
Adopted Rules
HHSC adopts three amendments and one new rule in 40 TAC, Subchapter E, relating to the enforcement of sanctions by HHSC
SUBCHAPTER E. ENFORCEMENT BY HHSC AND TERMINATION BY CONTRACTORDIVISION 4. SANCTIONS40 TAC §§49.531, 49.532, 49.534, 49.535As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts amendments to the following changes in Subchapter E (Enforcement by HHSC and Termination by Contractor), Division 4 (Sanctions), without changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7523). The rules will not be republished:Amendment to §49.531 (Sanctions by HHSC)Amendment to §49.532 (Vendor Hold)Amendment to §49.534 (Termination of Contract by HHSC)New §49.535 (Administrative Penalties in the HCS and TxHmL Programs)
Texas Department of State Health Services
In Addition
DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the first half of March 2020
OVERVIEWDuring the first half of March, 2020, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials. Licensing decisions pertaining to each applicant is included in the April 24, 2020 edition of the Texas Register. BACKGROUND AND JUSTIFICATIONIn issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.AFFECTED PERSONS’ RIGHT TO HEARINGA person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.
Texas Department of State Health Services
In Addition
DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the second half of March 2020
OVERVIEWDuring the second half of March, 2020, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials. Licensing decisions pertaining to each applicant is included in the April 24, 2020 edition of the Texas Register. BACKGROUND AND JUSTIFICATIONIn issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.AFFECTED PERSONS’ RIGHT TO HEARINGA person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§881.1 – 881.13, implementing general provisions for the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 881. GENERAL PROVISIONSSUBCHAPTER A. GENERAL PROVISIONS22 TAC §§881.1 – 881.13OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§881.1 – 881.13, relating to General Provisions for the Executive Council.These proposed rules are the general framework regarding the Executive Council’s operations and the implementation of its statutory duties.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §881.20 and §881.21, implementing a general framework for the Texas Behavioral Health Executive Council’s rulemaking procedures
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 881. GENERAL PROVISIONSSUBCHAPTER B. RULEMAKING22 TAC §881.20, §881.21OVERVIEWThe Texas Behavioral Health Executive Council proposes new §881.20 and §881.21, relating to Rulemaking for the Executive Council.These proposed rules are the general framework regarding the Executive Council’s rulemaking procedures and proceedings.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 507.153 Tex. Occ. Code limits the ability of the Executive Council to adopt rules pertaining to qualifications for licensure, the scope and standards of practice, continuing educations requirements, and a schedule of sanctions unless such a rule is first proposed by a member board. Additionally, §2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§881.30 – 881.32, implementing personnel requirements for the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 881. GENERAL PROVISIONSSUBCHAPTER C. PERSONNEL22 TAC §§881.30 – 881.32OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§881.30 – 881.32, relating to Personnel for the Executive Council.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.101 and 507.102 of the Tex. Occ. Code authorize the Executive Council to employ an executive director and develop policymaking and management responsibilities for the Executive Council and executive director. Additionally, §656.048 of the Tex. Gov’t Code requires state agencies to adopt rules relating to training and education for agency administrators and employees. Lastly, §661.002 of the Tex. Gov’t Code requires state agencies to adopt rules and prescribe procedures relating to the operation of the agency sick leave pool. These proposed rules implement these requirements.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §881.40, §881.41, implementing contracts and procurement procedures for the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 881. GENERAL PROVISIONSSUBCHAPTER D. CONTRACTS AND PROCUREMENT22 TAC §881.40, §881.41OVERVIEWThe Texas Behavioral Health Executive Council proposes new §881.40 and §881.41, relating to Contracts and Procurement for the Executive Council.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 2155.076 of the Tex. Gov’t Code requires state agencies to develop and adopt protest procedures for resolving vendor protests relating to purchasing issues, which must be consistent with the comptroller’s rules. Section 2156.005 of the Tex. Gov’t Code requires state agencies making purchases to adopt the comptroller’s rules related to bid opening and tabulation. Section 2260.052 of the Tex. Gov’t Code requires state agencies with rulemaking authority to develop rules to govern the negotiation and mediation of a claim for breach of contract. Section 2261.202 of the Tex. Gov’t Code requires state agencies that make procurements to establish and adopt by rule a policy that clearly defines the contract monitoring roles and responsibilities. Section 2161.003 of the Tex. Gov’t Code requires a state agency to adopt the comptroller’s rules adopted under §2161.002 of the Tex. Gov’t Code, pertaining to historically underutilized businesses, as the agency’s own rules. These proposed rules implement these requirements.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§882.1 – 882.13, implementing license application procedures for the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER A. LICENSE APPLICATIONS22 TAC §§882.1 – 882.13OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§882.1 – 882.13, relating to License Applications.Generally, these proposed new rules implement the application process and procedures which will be used by the Executive Council.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§882.20 – 882.27, providing the form and function for the licenses issued by the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER B. LICENSE22 TAC §§882.20 – 882.27OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§882.20 – 882.27, relating to License.Generally, these proposed new rules provide the form and function for the licenses issued by the Executive Council.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§882.30 – 882.36, implementing the rights and duties of Texas Behavioral Health Executive Council applicants and licensees
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER C. DUTIES AND RESPONSIBILITIES22 TAC §§882.30 – 882.36OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§882.30 – 882.36, relating to Duties and Responsibilities.These proposed new rules pertain to the duties and responsibilities of applicants going through the application process and licensee once they have obtained a license, which generally prohibit false or deceptive statements or practices.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board.
Texas Behavioral Health Executive Council
Proposed Rules
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER D. CRIMINAL HISTORY AND LICENSE ELIGIBILITY22 TAC §§882.40 – 882.42OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§882.40 – 882.42, relating to Criminal History and License Eligibility.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board; and §507.156 of the Tex. Occ. Code requires the Executive Council to adopt rules pertaining to the Executive Council’s authority to revoke, suspend, or deny a license based upon a criminal conviction. These proposed new rules implement this statutory duty.
Texas Behavioral Health Executive Council
Proposed Rules
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER E. CONTINUING EDUCATION22 TAC §882.50OVERVIEWThe Texas Behavioral Health Executive Council proposes new §882.50, relating to Continuing Education and Audits, in new Subchapter E, relating to Continuing Education.In order to maintain and renew a license, each license holder is required to obtain a minimum amount of education per renewal period in order to renew a license. Each applicable board will determine the minimum amount of required education and the Executive Council will ensure compliance. This proposed new rule pertains to the Executive Council’s ability to audit license holders for compliance purposes.BACKGROUND AND JUSTIFICATIONThe proposed new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §882.60 and §882.61, implementing Texas Behavioral Health Executive Council licensing requirements for military service members, veterans, and spouses
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER F. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES22 TAC §882.60, §882.61OVERVIEWThe Texas Behavioral Health Executive Council proposes new §882.60 and §882.61, relating to Licensing Provisions Related to Military Service Members, Veterans, and Military Spouses.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. Chapter 55 of the Tex. Occ. Code requires state agencies that issue a license to adopt rules pertaining to licensing eligibility requirements for military service members, veterans, and spouses. These proposed new rules implement this statutory duty.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §882.70, implementing emergency temporary license procedures for the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER G. EMERGENCY TEMPORARY LICENSE22 TAC §882.70OVERVIEWThe Texas Behavioral Health Executive Council proposes new §882.70, relating to Emergency Temporary License.BACKGROUND AND JUSTIFICATIONThe proposed new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. Sections 501.263, 502.258, 503.308, and 505.357 of the Tex. Occ. Code require the adoption of rules for the Executive Council to issue a temporary license. This proposed new rule implements this statutory duty.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§883.1 – 883.3, implementing procedures for Texas Behavioral Health Executive Council license renewal
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 883. RENEWALSSUBCHAPTER A. GENERAL PROVISIONS22 TAC §§883.1 – 883.3OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§883.1-883.3, relating to General Provisions for the Renewal of a License.Generally, these proposed new rules establish the requirements for the biennial renewal of a license, and this biennial renewal period will be based upon the last day of the license holder’s birth month.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.255 of the Tex. Occ. Code authorizes the Executive Council to renew licenses issued by the Executive Council, which must also include the name of the applicable board, and these proposed new rules implement this statutory duty.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §883.10, implementing Texas Behavioral Health Executive Council license renewal procedures for military personnel on active duty
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 883. RENEWALSSUBCHAPTER B. RENEWAL PROVISIONS FOR MILITARY PERSONNEL22 TAC §883.10OVERVIEWThe Texas Behavioral Health Executive Council proposes new §883.10, relating to Renewal Terms for Military Personnel on Active Duty.BACKGROUND AND JUSTIFICATIONThe proposed new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.255 of the Tex. Occ. Code authorizes the Executive Council to renew licenses issued by the Executive Council, which must also include the name of the applicable board; and §55.002 of the Tex. Occ. Code requires state licensing agencies to adopt a rules regarding licensing renewal exemptions for individuals serving as military service members. This proposed new rule implements the statutory duty.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§884.1 – 884.6, implementing a general framework for Texas Behavioral Health Executive Council complaint procedures
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER A. FILING A COMPLAINT22 TAC §§884.1 – 884.6OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§884.1 – 884.6, relating to Filing a Complaint.These proposed rules are the general framework regarding the Executive Council’s procedures for filing a complaint.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§884.10 – 884.12, implementing procedures for the Texas Behavioral Health Executive Council to investigate and resolve complaints
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER B. INVESTIGATIONS AND DISPOSITION OF COMPLAINTS22 TAC §§884.10 – 884.12OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§884.10 – 884.12, relating to Investigation and Disposition of Complaints.These proposed rules are the general framework regarding the Executive Council’s procedures for investigating and potentially resolving a complaint.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §884.20 and §884.21, implementing sanctions procedures for the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER C. DISCIPLINARY GUIDELINES AND SCHEDULE OF SANCTIONS22 TAC §884.20, §884.21OVERVIEWThe Texas Behavioral Health Executive Council proposes new §884.20 and §884.21, relating to Disciplinary Guidelines and Schedule of Sanctions.These proposed rules are the general framework regarding the Executive Council’s procedures for imposing sanctions.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§884.30 – 884.32, implementing Texas Behavioral Health Executive Council licensees’ duties with regard to complaints and enforcement
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER D. DUTIES AND RESPONSIBILITIES22 TAC §§884.30 – 884.32OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§884.30 – 884.32, relating to Duties and Responsibilities.These proposed rules require licensees to provide notice to the public of the complaint process, they require licensees to cooperate with Executive Council investigations, and they require licensees to report legal actions and a discipline.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §884.40, §884.41, implementing procedures for the Texas Behavioral Health Executive Council to temporarily suspend a license
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER E. LICENSE SUSPENSION22 TAC §884.40, §884.41OVERVIEWThe Texas Behavioral Health Executive Council proposes new §884.40 and §884.41, relating to License Suspension.These proposed rules pertain to the Executive Council’s proceedings to temporarily suspend a license.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §884.50 and §884.51, requiring the Texas Behavioral Health Executive Council to employ special evaluation ad planning for persons licensed to practice psychology
Proposed Rules
New 22 TAC §884.55, implementing compliance monitoring procedures for the Texas Behavioral Health Executive Council
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER G. COMPLIANCE22 TAC §884.55OVERVIEWThe Texas Behavioral Health Executive Council proposes new §884.55, relating to Compliance.This proposed rule pertains to the Executive Council’s procedures for monitoring and ensuring compliance with Executive Council orders.BACKGROUND AND JUSTIFICATIONThe proposed new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
New 22 TAC §§884.60 – 884.65, implementing Texas Behavioral Health Executive Council procedures for conducting a contested case
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER H. CONTESTED CASES22 TAC §§884.60 – 884.65OVERVIEWThe Texas Behavioral Health Executive Council proposes new §§884.60 – 884.65, relating to Contested Cases.These proposed rules pertain to the Executive Council’s procedures for conducting a contested case to resolve a complaint.BACKGROUND AND JUSTIFICATIONThe proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
Texas Behavioral Health Executive Council
Proposed Rules
***This rule has been proposed by the newly created Texas Behavioral Health Executive Council in reference to its own operations***TITLE 22. EXAMINING BOARDSPART 41. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCILCHAPTER 885. FEES22 TAC §885.1OVERVIEWThe Texas Behavioral Health Executive Council proposes new §885.1, relating to Fees.BACKGROUND AND JUSTIFICATIONThe proposed new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 507.154 of the Tex. Occ. Code authorizes the Executive Council to set fees necessary to cover the costs of administering Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code. This proposed new rule implements this statutory duty.
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