Texas Health and Human Services Commission
Proposed Rules Re:
Adding new 1 TAC §351.853, to establish the Hospital Payment Advisory Committee (HPAC) as a standalone advisory committee, increase membership to 15, and maintain the Rural Hospital Advisory Committee (RHAC) as its subcommittee.
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.853
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §351.853, concerning the Hospital Payment Advisory Committee (HPAC), in Texas Administrative Code (TAC) Title 1, Part 15, Chapter 351, Subchapter B, Advisory Committees, Division 1, Committees.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to establish HPAC as a standalone advisory committee under its own TAC section. Historically, HPAC existed as a subcommittee of the Medical Care Advisory Committee (MCAC). HPAC advises the executive commissioner and HHSC on matters related to hospital reimbursements, payment rates, supplemental payment programs, and adjustments for disproportionate share hospitals. In December 2024, the executive commissioner approved the separation of HPAC from MCAC after changes to the federal regulation required separate committees for beneficiaries and providers. Subsequently, HPAC has been functioning as a standalone committee. This proposal increases HPAC membership from the 14-member subcommittee to 15 members for the standalone committee and updates categories to better reflect Texas demographics.
Rural Hospital Advisory Committee (RHAC) is a statutorily required body under Texas Government Code §526.0302. The RHAC advises HHSC on issues relating specifically to rural hospitals. The proposal maintains the current structure of RHAC as a subcommittee of HPAC.
SECTION-BY-SECTION SUMMARY
Proposed new §351.853(a) provides the statutory authority for HPAC and that RHAC will be a subcommiteee of HPAC.
Proposed new §351.853(b) describes the purpose of HPAC.
Proposed new §351.853(c) lists tasks performed by HPAC.
Proposed new §351.853(d) provides that a written report is not required.
Proposed new §351.853(e) describes the meeting requirements.
Proposed new §351.853(f) lists the membership composition and appointment terms.
Proposed new §351.853(g) lists the selection of officers and terms.
Proposed new §351.853(h) provides the required training that will be provided by HHSC.
Proposed new §351.853(i) lists the travel reimbursement of members.
Proposed new §351.853(j) provides the abolishment date.
Amending 1 TAC §353.1155, to add diversion slots and clinical criteria to the Medically Dependent Children Program (MDCP), allowing eligible medically fragile children to enroll before reaching the top of the interest list and without requiring admission to a nursing facility.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER M. HOME AND COMMUNITY BASED SERVICES IN MANAGED CARE
1 TAC §353.1155
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §353.1155, concerning the Medically Dependent Children Program.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to add diversion slots and clinical criteria to the Medically Dependent Children Program (MDCP). Adding diversion slots allows HHSC to enroll eligible medically fragile children in the MDCP waiver before the child reaches the top of the interest list and without requiring admission to a nursing facility.
The proposed amendment supports HHSC’s goal of providing home and community-based services in the most appropriate and cost-effective setting by expanding timely access to waiver services and reducing unnecessary institutionalization.
The proposed amendment does not change MDCP financial or functional eligibility criteria, service array, or service limits. Medicaid Buy-In for Children Program was removed from the rule for consistency with existing eligibility policy. HHSC also updated the rule for formatting, clarity, and consistency.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §353.1155 adds criteria for MDCP as the diversion slot model is intended to strengthen the program’s ability to meet its core mission of serving medically fragile children safely in the community. Additionally, edits correct out-of-date Texas Administrative Code citations and update the rule for formatting, clarity, and readability.
Adopted Rules Re:
Adopting amendments to 1 TAC §§373.101, 373.103, and 373.105, to clarify Medicaid Estate Recovery Program (MERP) provisions consistent with federal law and implement House Bill 4611.
CHAPTER 373. MEDICAID ESTATE RECOVERY PROGRAM
SUBCHAPTER A. GENERAL
1 TAC §§373.101, 373.103, 373.105
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), adopts in the Texas Administrative Code Title 1, Part 15, Chapter 373, Subchapter A, amendments to §§373.101, 373.103, 373.105, 373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, and 373.219; and Subchapter C, amendments to §§373.301, 373.303, 373.305, and 373.307.
Sections 373.101, 373.103, 373.105, 373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, 373.219, 373.301, 373.303, 373.305, and 373.307 are adopted without changes to the proposed text as published in the March 20, 2026, issue of the Texas Register (51 TexReg 1777). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to clarify provisions in the Medicaid Estate Recovery Program (MERP) rules, consistent with applicable federal law at 42 U.S.C. §1396p(b)(1). HHSC, as the State Medicaid Agency, is required to operate a MERP and recover the costs of Medicaid long-term care benefits received by certain Medicaid recipients. HHSC submitted a proposed State Plan Amendment (SPA) to the Centers for Medicare & Medicaid Services seeking approval to send MERP notices to the last known address of the Medicaid recipient upon their death to ensure the decedent’s heirs are aware of a possible MERP claim. The SPA was approved on July 31, 2026, with an effective date of July 2, 2026. The amendments also implement House Bill 4611, 88th Legislature, Regular Session, 2023, which makes non-substantive amendments to the Texas Government Code that make the statute more accessible, understandable, and usable.
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Government Code §546.0403, which requires the executive commissioner to ensure Medicaid implements 42 United States Code §1396p(b)(1), Adjustments or recovery of medical assistance correctly paid under a State Plan, which has been done with the Medicaid Estate Recovery Program.
Adopting amendments to 1 TAC §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, and 373.219, to clarify Medicaid Estate Recovery Program (MERP) recovery claims provisions consistent with federal law and implement House Bill 4611.
CHAPTER 373. MEDICAID ESTATE RECOVERY PROGRAM
SUBCHAPTER B. RECOVERY CLAIMS
1 TAC §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, 373.219
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), adopts in the Texas Administrative Code Title 1, Part 15, Chapter 373, Subchapter A, amendments to §§373.101, 373.103, 373.105, 373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, and 373.219; and Subchapter C, amendments to §§373.301, 373.303, 373.305, and 373.307.
Sections 373.101, 373.103, 373.105, 373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, 373.219, 373.301, 373.303, 373.305, and 373.307 are adopted without changes to the proposed text as published in the March 20, 2026, issue of the Texas Register (51 TexReg 1777). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to clarify provisions in the Medicaid Estate Recovery Program (MERP) rules, consistent with applicable federal law at 42 U.S.C. §1396p(b)(1). HHSC, as the State Medicaid Agency, is required to operate a MERP and recover the costs of Medicaid long-term care benefits received by certain Medicaid recipients. HHSC submitted a proposed State Plan Amendment (SPA) to the Centers for Medicare & Medicaid Services seeking approval to send MERP notices to the last known address of the Medicaid recipient upon their death to ensure the decedent’s heirs are aware of a possible MERP claim. The SPA was approved on July 31, 2026, with an effective date of July 2, 2026. The amendments also implement House Bill 4611, 88th Legislature, Regular Session, 2023, which makes non-substantive amendments to the Texas Government Code that make the statute more accessible, understandable, and usable.
Adopting amendments to 1 TAC §§373.301, 373.303, 373.305, and 373.307, to clarify Medicaid Estate Recovery Program (MERP) notice provisions consistent with federal law and implement House Bill 4611.
CHAPTER 373. MEDICAID ESTATE RECOVERY PROGRAM
SUBCHAPTER C. NOTICE
1 TAC §§373.301, 373.303, 373.305, 373.307
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), adopts in the Texas Administrative Code Title 1, Part 15, Chapter 373, Subchapter A, amendments to §§373.101, 373.103, 373.105, 373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, and 373.219; and Subchapter C, amendments to §§373.301, 373.303, 373.305, and 373.307.
Sections 373.101, 373.103, 373.105, 373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, 373.219, 373.301, 373.303, 373.305, and 373.307 are adopted without changes to the proposed text as published in the March 20, 2026, issue of the Texas Register (51 TexReg 1777). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to clarify provisions in the Medicaid Estate Recovery Program (MERP) rules, consistent with applicable federal law at 42 U.S.C. §1396p(b)(1). HHSC, as the State Medicaid Agency, is required to operate a MERP and recover the costs of Medicaid long-term care benefits received by certain Medicaid recipients. HHSC submitted a proposed State Plan Amendment (SPA) to the Centers for Medicare & Medicaid Services seeking approval to send MERP notices to the last known address of the Medicaid recipient upon their death to ensure the decedent’s heirs are aware of a possible MERP claim. The SPA was approved on July 31, 2026, with an effective date of July 2, 2026. The amendments also implement House Bill 4611, 88th Legislature, Regular Session, 2023, which makes non-substantive amendments to the Texas Government Code that make the statute more accessible, understandable, and usable.
Repealing 1 TAC §§392.201, 392.203, 392.205, and 392.207, to remove duplicative Children’s Autism Program rules now consolidated in 26 TAC Chapter 358.
CHAPTER 392. PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS
SUBCHAPTER C. AUTISM PROGRAM
1 TAC §§392.201, 392.203, 392.205, 392.207
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of §392.201, concerning Definitions; §392.203, concerning Staff Qualifications; §392.205, concerning Criminal Background Checks; and §392.207, concerning Safety.
Sections 392.201, 392.203, 392.205, and 392.207 are adopted without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2855). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The Children’s Autism Program rules were located in two Titles in the Texas Administrative Code (TAC). The adopted repeals remove duplicative rules from 1 TAC Chapter 392, Subchapter C, Autism Program. The Children’s Autism program rules were consolidated in 26 TAC Chapter 358, published elsewhere in this issue of the Texas Register.
Adopting amendments to 26 TAC §358.101 and §358.105, and new §358.107 and §358.109, to update Children’s Autism Program definitions and contractor qualifications, expand the definition of qualified professional to include nurse practitioners and physician assistants, and replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER A. GENERAL RULES
26 TAC §§358.101, 358.105, 358.107, 358.109
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
Sections 358.105 and 358.311 are adopted with changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will be republished.
Sections 358.101, 358.107, 358.109, 358.201, 358.307, 358.309, 358.313, 358.315, 358.507, 358.515, 358.605, and 358.607 – 358.609 are adopted without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments, new sections, and repeals update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The updates also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
The adopted rules change the program eligibility requirement based on age. This change aligns with the other program within the Children’s Autism and Blindness Services section, the Blind Children’s Program.
Additionally, the Children’s Autism Program rules were in two titles in TAC. The adopted rules consolidate program rules into 26 TAC Chapter 358. The repealed rules in 1 TAC Chapter 392, Subchapter C, Autism Program, are published elsewhere in this issue of the Texas Register.
Adopting new 26 TAC §358.201, concerning staff requirements for the Children’s Autism Program.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER B. STAFF REQUIREMENTS
26 TAC §358.201
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
Sections 358.105 and 358.311 are adopted with changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will be republished.
Sections 358.101, 358.107, 358.109, 358.201, 358.307, 358.309, 358.313, 358.315, 358.507, 358.515, 358.605, and 358.607 – 358.609 are adopted without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments, new sections, and repeals update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The updates also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
The adopted rules change the program eligibility requirement based on age. This change aligns with the other program within the Children’s Autism and Blindness Services section, the Blind Children’s Program.
Additionally, the Children’s Autism Program rules were in two titles in TAC. The adopted rules consolidate program rules into 26 TAC Chapter 358. The repealed rules in 1 TAC Chapter 392, Subchapter C, Autism Program, are published elsewhere in this issue of the Texas Register.
Repealing 26 TAC §358.309 and adopting amendments to §358.307, §358.311, §358.313, and §358.315, and new §358.309, to update Children’s Autism Program eligibility and Focused ABA services requirements.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER C. DARS FOCUSED ABA SERVICES
26 TAC §§358.307, 358.309, 358.311, 358.313, 358.315
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
Sections 358.105 and 358.311 are adopted with changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will be republished.
Sections 358.101, 358.107, 358.109, 358.201, 358.307, 358.309, 358.313, 358.315, 358.507, 358.515, 358.605, and 358.607 – 358.609 are adopted without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments, new sections, and repeals update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The updates also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
The adopted rules change the program eligibility requirement based on age. This change aligns with the other program within the Children’s Autism and Blindness Services section, the Blind Children’s Program.
Additionally, the Children’s Autism Program rules were in two titles in TAC. The adopted rules consolidate program rules into 26 TAC Chapter 358. The repealed rules in 1 TAC Chapter 392, Subchapter C, Autism Program, are published elsewhere in this issue of the Texas Register.
Repealing 26 TAC §358.507 and §358.515, concerning Autism Program Rights, as part of the consolidation of Children’s Autism Program rules into Chapter 358.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER E. AUTISM PROGRAM RIGHTS
26 TAC §358.507, §358.515
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
Sections 358.105 and 358.311 are adopted with changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will be republished.
Sections 358.101, 358.107, 358.109, 358.201, 358.307, 358.309, 358.313, 358.315, 358.507, 358.515, 358.605, and 358.607 – 358.609 are adopted without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments, new sections, and repeals update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The updates also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
The adopted rules change the program eligibility requirement based on age. This change aligns with the other program within the Children’s Autism and Blindness Services section, the Blind Children’s Program.
Additionally, the Children’s Autism Program rules were in two titles in TAC. The adopted rules consolidate program rules into 26 TAC Chapter 358. The repealed rules in 1 TAC Chapter 392, Subchapter C, Autism Program, are published elsewhere in this issue of the Texas Register.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER F. COST SHARE
26 TAC §§358.605, 358.607 – 358.609
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
Sections 358.105 and 358.311 are adopted with changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will be republished.
Sections 358.101, 358.107, 358.109, 358.201, 358.307, 358.309, 358.313, 358.315, 358.507, 358.515, 358.605, and 358.607 – 358.609 are adopted without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2869). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments, new sections, and repeals update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The updates also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
The adopted rules change the program eligibility requirement based on age. This change aligns with the other program within the Children’s Autism and Blindness Services section, the Blind Children’s Program.
Additionally, the Children’s Autism Program rules were in two titles in TAC. The adopted rules consolidate program rules into 26 TAC Chapter 358. The repealed rules in 1 TAC Chapter 392, Subchapter C, Autism Program, are published elsewhere in this issue of the Texas Register.
State Board of Dental Examiners
Withdrawn Rules Re:
Withdrawing proposed amendments to 22 TAC §101.8, concerning dental licensure, which appeared in the July 3, 2026, issue of the Texas Register.
CHAPTER 101. DENTAL LICENSURE
22 TAC §101.8
OVERVIEW
The State Board of Dental Examiners withdraws proposed amendments to §101.8 which appeared in the July 3, 2026, issue of the Texas Register (51 TexReg 4329).
Withdrawing proposed amendments to 22 TAC §116.3, concerning dental laboratories, which appeared in the July 3, 2026, issue of the Texas Register.
CHAPTER 116. DENTAL LABORATORIES
22 TAC §116.3
OVERVIEW
The State Board of Dental Examiners withdraws proposed amendments to §116.3 which appeared in the July 3, 2026, issue of the Texas Register (51 TexReg 4332).
Adopted Rules Re:
Adopting amendments to 22 TAC §117.2, to remove repetitive language duplicated in Chapter 267, Texas Occupations Code, and make grammatical changes to dental faculty licensure requirements.
CHAPTER 117. FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS
22 TAC §117.2
OVERVIEW
The State Board of Dental Examiners (Board) adopts amendments to rule 22 TAC §117.2, pertaining to dental faculty licensure. The amendments remove repetitive language that is currently found in Chapter 267, Texas Occupations Code, and make grammatical changes. The amendments are adopted without changes to the proposed text as published in the July 3, 2026, issue of the Texas Register (51 TexReg 4334) and will not be republished.
Adopting amendments to 22 TAC §117.3, to remove repetitive language duplicated in Chapter 267, Texas Occupations Code, and make grammatical changes to dental hygiene faculty licensure requirements.
CHAPTER 117. FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS
22 TAC §117.3
OVERVIEW
The State Board of Dental Examiners (Board) adopts amendments to rule 22 TAC §117.3, pertaining to dental hygiene faculty licensure. The amendments remove repetitive language that is currently found in Chapter 267, Texas Occupations Code, and make grammatical changes. The amendments are adopted without changes to the proposed text as published in the July 3, 2026, issue of the Texas Register (51 TexReg 4335) and will not be republished.
Texas Optometry Board
Adopted Rules Re:
Repealing 22 TAC §271.8, concerning conversion of an optometric license to a therapeutic optometric license, as no longer necessary given the small number of affected licensees and the Board’s ability to verify competency.
CHAPTER 271. EXAMINATIONS
22 TAC §271.8
OVERVIEW
The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 271 Examinations – §271.8 – Converting Optometric License to Therapeutic Optometric License. The Board adopts the repeal without changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3769). The repeal will not be republished.
BACKGROUND AND JUSTIFICATION
This rule provided a mechanism for optometrists to convert an optometrist license to a therapeutic optometrist license. There are approximately 100 licensees who are licensed as optometrists. Given the number of licensees and the ability of the Board to verify competency, the rule is unnecessary and is being repealed.
Amending 22 TAC §271.12, to remove license designation provisions that simply restate statute, reducing regulatory burden and increasing transparency for licensees.
CHAPTER 271. EXAMINATIONS
22 TAC §271.12
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Part 14 Chapter 271 Examinations – §271.12 – License Designation with no changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3770). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
This rule is being amended to remove sections that simply restate statute. By eliminating the sections of the rules that restate statute, the agency is reducing the regulatory burden and increasing transparency for licensees.
Repealing 22 TAC §272.4, concerning public participation in Board meetings, in conjunction with adopting a separate public participation policy on the Board’s website.
CHAPTER 272. ADMINISTRATION
22 TAC §272.4
OVERVIEW
The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 272 Administration – §272.4 – Public Participation in Meetings. The Board adopts the repeal without changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3771). The repeal will not be republished.
BACKGROUND AND JUSTIFICATION
This rule is derived from Texas Occupations Code 351.202 which requires the Board to “develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board’s jurisdiction.”
In conjunction with the repeal of this rule, the Board will adopt a policy regarding public participation at meetings. The policy will be available on the Board’s public facing website for public review.
Repealing 22 TAC §273.1, concerning surrender of an optometric license upon nonrenewal, as an unnecessary step given the availability of online license verification.
CHAPTER 273. GENERAL RULES
22 TAC §273.1
OVERVIEW
The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 273 General Rules – §273.1 – Surrender of License. The Board adopts the repeal as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3772). The repeal will not be republished.
BACKGROUND AND JUSTIFICATION
This rule originated in 1984 – the Board’s purpose was to ensure that optometrists who do not renew a license would not be in possession of a valid license and therefore could not practice optometry. By requiring the return of the license and/or an affidavit stating the optometrist would not practice, the Board was protecting the health and welfare of the general public.
However, online searches of the Board’s licensees now provide a way for member of the public to verify that a person has a valid therapeutic license. As such, this rule is an unnecessary step for licensees and an unnecessary burden for staff to maintain the affidavits. The Board has other disciplinary tools for those licensees who practice without a license.
CHAPTER 273. GENERAL RULES
22 TAC §273.10
OVERVIEW
The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 273 General Rules – §273.10 – Nonrenewal for Failure to Pay Child Support. The Board adopts the repeal without changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3773). The repeal will not be republished.
BACKGROUND AND JUSTIFICATION
This rule is derived from the Family Code §232.0135 which directs the Board to hold license renewals for non-payment of child support. This rule is unnecessary as it simply restates the statute related to child support payments. The Board has full authority to withhold a license renewal based on the statute.
Amending 22 TAC §277.1, to simplify the Board’s complaint procedures and remove complaint-disposition options already found in statute.
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.1
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.1 – Complaint Procedures with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4077). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments clarify the Board’s complaint process for the public and licensees by reducing the word count and simplifying the classification system. The rule repeals current (e)(3) related to options the Board has regarding the disposition of complaint as these options are found in statute and do not need to be repeated in the rule.
Amending 22 TAC §277.2, to align the Board’s disciplinary proceedings with the Administrative Procedure Act and add a provision on Alternative Dispute Resolution.
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.2
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.2 – Disciplinary Proceedings with changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4080). The rule will be republished.
The change to the text adds a period to the end of the sentence at subsection (d)(4).
BACKGROUND AND JUSTIFICATION
The amendments clarify the Board’s disciplinary proceedings process for the public and licensees by reducing word count and ensuring the Board’s proceedings comply with the Administrative Procedures Act (APA). By referencing compliance with the APA, the Board does not need to amend its rule if the APA is amended by the Texas Legislature at a future date. Additionally, the rule adds a section referencing the option for Alternative Dispute Resolution as that rule is being repealed in a separate rule submission.
Amending 22 TAC §277.3, to update terminology from “practitioner” to “licensee” for Board-offered probation.
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.3
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.3 – Probation with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4082). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment simply updates the terminology found in the rule from “practitioner” to “licensee” to clarify that the Board may offer probation to a licensee. It further clarifies that the Board “may” act without the unnecessary language related to a majority vote as a majority vote is needed for all Board actions.
Amending 22 TAC §277.4, to update terminology and clarify the Board may decide license reinstatement without a hearing at the State Office of Administrative Hearings.
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.4
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.4 – Reinstatement with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4083). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment simply updates the terminology found in the rule from “practitioner” to “person” to clarify that the person seeking reinstatement of a license should not be practicing. Additionally, it provides that the Board may make the decision to reinstate a license without holding a hearing at the State Office of Administrative Hearings (SOAH). Implied is that if the Board makes an adverse action, the person may appeal the decision to SOAH under the provisions of the Administrative Procedures Act.
Amending 22 TAC §277.5, to remove language restating statute or providing subjective commentary regarding review of licensee convictions.
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.5
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.5 – Convictions with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4084). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment removes unnecessary language which only restates statute or provides subjective commentary about the rule.
Amending 22 TAC §277.8, to give the Board Chair discretion in appointing the emergency committee and allow the committee to meet by video or telephone.
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.8
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.8 – Emergency Temporary Suspension or Restriction with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4086). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment provides the Chair of the Board has discretion when appointing the emergency committee and the appointments would not need to be approved by the full Board. Finally, the amendment allows the committee to meet by video or telephone call if necessary.
Repealing 22 TAC §277.9, concerning Alternative Dispute Resolution, with the substance relocated into amended §277.2.
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.9
OVERVIEW
The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 277 Administration – §277.9 – Alternative Dispute Resolution. The Board adopts the repeal as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4087). The repeal will not be republished.
BACKGROUND AND JUSTIFICATION
This rule is derived from Texas Government Code Chapter 2009 which outlines the Alternative Dispute Resolution process for government agencies. In conjunction with this repeal, the Board amended Rule 277.2 to include the following: “The Board may seek to resolve a contested matter through any Alternative Dispute Resolution (ADR) procedure. Such procedures may include, but are not limited to, those applied to resolve matters pending at the State Office of Administrative Hearing (SOAH) and in the state’s district courts.”
CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.12
OVERVIEW
The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.12 – Denial Of License And Disciplinary Action By Board with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4088). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
As currently written, the rule simply restated Texas Occupations Code §351.501 which is redundant and could be confusing for stakeholders. The amendment simplifies and clarifies the Board’s authority to discipline a licensee or applicant.
Additionally, based on a recent State Office of Administrative Hearing’s ruling, the Board is attempting to define “wilful” by stating “An applicant or license holder is considered to have committed a wilful violation if the person intentionally disregarded the Optometry Act. Unless the person can prove he or she did not know how to review and understand the law, the Board deems every violation as intentional as each person is required to take and pass the Board’s jurisprudence exam prior to licensure and to take one hour of continuing education related to professional responsibility each year once licensed.”