Texas Register August 16, 2019 Volume: 44 Number: 33

Texas Register Table of Contents

Texas Health and Human Services Commission

 

Proposed Rules

Proposes new §553.44, concerning Emergency Preparedness and Response in Chapter 553, governing Licensing Standards for Assisted Living Facilities

PART 1. HEALTH AND HUMAN SERVICES COMMISSIONCHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §553.44The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §553.44, concerning Emergency Preparedness and Response in Chapter 553, governing Licensing Standards for Assisted Living Facilities, in Subchapter C, Standards for Licensure, which was administratively transferred from Title 40, Part 1, Chapter 92, effective May 1, 2018.BACKGROUND AND PURPOSEThe purpose of the proposal is to provide greater detail and specificity to the current requirement in §553.62(d) for assisted living facilities to have a written emergency preparedness and response plan that addresses a minimum of eight specified core functions. Proposed new §553.44 describes components of the eight core functions in more detail and provides additional guidance for developing and implementing a written plan to ensure adequate emergency preparedness and response. The proposed new rule includes requirements for facilities to perform a risk assessment, enhance staff training, plan and map out potential evacuation routes, and develop systems for communication and coordination with state and local resources.


Texas Department of State Health Services

Adopted Rules

Adopts the repeal and new §§146.1 – 146.8, concerning Training and Certification of Promotores or Community Health Workers

PART 1. DEPARTMENT OF STATE HEALTH SERVICESCHAPTER 146. TRAINING AND CERTIFICATION OF PROMOTORES OR COMMUNITY HEALTH WORKERSThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal and new §§146.1 – 146.8, concerning Training and Certification of Promotores or Community Health Workers.The repeal of §§146.1 – 146.8 and new §§146.1 – 146.8 are adopted without changes to the proposed text as published in the March 22, 2019, issue of the Texas Register (44 TexReg 1501), and therefore will not be republished.The chapter name has been updated to Training and Certification of Promotores or Community Health Workers.BACKGROUND AND JUSTIFICATIONThe repeal and new §§146.1 – 146.8 are necessary to comply with Texas Health and Safety Code, Chapter 48, which requires DSHS to establish a program designed to train and educate persons who act as promotores or community health workers. This chapter also states that the executive commissioner of HHSC shall adopt rules that provide minimum standards and guidelines for issuance of a certificate for persons who act as promotores or community health workers. A promotor(a) or community health worker, is a member of the community who acts as a liaison between patients and health care providers through (among other things) patient education, referrals, home visits, or bilingual language services.


Texas Board of Occupational Therapy Examiners

Adopted Rules

Revises the definition of “Investigation Committee” to remove the facilities reference therein

TITLE 40. SOCIAL SERVICES AND ASSISTANCEPART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERSCHAPTER 362. DEFINITIONS40 TAC §362.1The Texas Board of Occupational Therapy Examiners adopts an amendment to §362.1, concerning definitions. The amendment is adopted pursuant to changes to the OT Practice Act, Occupations Code, Chapter 454, made by SB 317 from the 85th Regular Legislative Session, pertaining to the repeal of occupational therapy facility registration. The amendment is adopted without changes to the proposed text as published in the June 14, 2019, issue of the Texas Register (44 TexReg 2931). The rules will not be republished.The amendment is adopted to revise the definition of “Investigation Committee” to remove the facilities reference therein in accordance with changes in statute to the OT Practice Act pursuant to SB 317, which repeals requirements concerning the registration of occupational therapy facilities.Other adopted rule changes regarding facility registration have also been submitted to the Texas Register for publication, including the repeal of Chapter 376, concerning registration of facilities, and amendments to §374.1, concerning disciplinary actions, and §374.2, concerning detrimental practice.


Texas Board of Occupational Therapy Examiners

Adopted Rules

Amends §367.1, concerning continuing education, §367.2, concerning categories of education, and §367.3, concerning continuing education audit

CHAPTER 367. CONTINUING EDUCATION40 TAC §367.1 – 367.3The Texas Board of Occupational Therapy Examiners adopts amendments to §367.1, concerning continuing education, §367.2, concerning categories of education, and §367.3, concerning continuing education audit, with changes to the proposed text as published in the June 14, 2019, issue of the Texas Register (44 TexReg 2934). The change upon adoption will add the clarifying phrase “or hours” to §367.3(e) so that the phrase will read “When continuing education units (CEUs), professional development units (PDUs), or other units or credits are listed on the documentation, such must be accompanied by documentation from the continuing education provider noting the equivalence of the units or credits in terms of hours or contact hours.” The rules will be republished.The amendments to the sections are adopted to revise continuing education (CE) requirements including to change the number of continuing education hours required for renewal, to remove certain courses from the list of unacceptable activities, to add a provision concerning under what circumstances a licensee may count continuing education hours earned outside of the renewal cycle toward the required continuing education, to revise requirements concerning pre-approved continuing education, to expand the categories of continuing education and make changes therein, to revise a provision concerning requests for special consideration for continuing education, and to clarify and cleanup provisions in the sections.


Texas Board of Occupational Therapy Examiners

Adopted Rules

Repeals Chapter 376, concerning registration of occupational therapy facilities

CHAPTER 376. REGISTRATION OF FACILITIES40 TAC §§376.1 – 376.10The Texas Board of Occupational Therapy Examiners adopts the repeal of Chapter 376, concerning registration of occupational therapy facilities, pursuant to changes to the OT Practice Act, Occupations Code, Chapter 454, made by SB 317 from the 85th Regular Legislative Session, pertaining to the repeal of occupational therapy facility registration. The repeal is adopted without changes to the proposed text as published in the June 14, 2019, issue of the Texas Register (44 TexReg 2940). The rules will not be republished.The repeal is adopted in order to discontinue the registration of occupational therapy facilities as mandated by changes to the OT Practice Act pursuant to SB 317 in the 85th Regular Legislative Session. The repeal removes from the OT Rules requirements to register an occupational therapy facility with the Board and renew the registration annually and the requirement that occupational therapy practitioners may only practice in an occupational therapy facility if that facility is registered or exempt from the registration requirement.