Texas Register August 5, 2022 Volume: 47 Number: 31

The Governor

Proclamation 41-3918

The Governor issued Proclamation 41-3918 to renew the COVID-19 disaster proclamation.

OVERVIEW

In accordance with the authority vested by Section 418.014 of the Texas Government Code, the Governor hereby renews the disaster proclamation for all counties in Texas.

BACKGROUND AND JUSTIFICATION

Pursuant to Section 418.017, the Governor authorizes the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.

Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to cope with this declared disaster, the Governor hereby suspends such statutes and rules for the duration of this declared disaster for that limited purpose.

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Texas Health and Human Services Commission

Emergency Rules Re:

Adopting 26 TAC §500.4 to permit a licensed hospital to participate in the Centers for Medicare & Medicaid Services (CMS) Acute Hospital Care at Home Program.

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSING
SUBCHAPTER A. HOSPITALS
26 TAC §500.4

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 500, COVID-19 Emergency Health Care Facility Licensing, new §500.4, concerning an emergency rule in response to COVID-19 in order to permit a licensed hospital to participate in the Centers for Medicare & Medicaid Services (CMS) Acute Hospital Care at Home Program to expand hospital capacity in response to the COVID-19 pandemic.

HHSC is adopting an emergency rule to temporarily permit a currently licensed hospital to participate in the CMS hospitals at home program to expand hospital capacity in response to the COVID-19 pandemic.

BACKGROUND AND JUSTIFICATION

As authorized by Texas 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 Texas 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 July 29, 2021, proclamation relating to the continued response to the COVID-19 disaster. 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 requires immediate adoption of this emergency rule for Participating in the Centers for Medicare and Medicaid Services Acute Hospital Care at Home Program During the COVID-19 Pandemic.

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Proposed Rules Re:

Amending 1 TAC §354.1341, §354.1342, concerning audiology services.

CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
1 TAC §354.1341, §354.1342

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §354.1341, concerning Benefits and Limitations; and §354.1342, concerning Conditions for Participation.

BACKGROUND AND JUSTIFICATION

The School Health and Related Services (SHARS) program is jointly administered by HHSC and the Texas Education Agency (TEA). The SHARS program allows independent school districts and public charter schools to obtain Medicaid reimbursement for the provision of certain direct medical and transportation services to Medicaid enrolled students who receive benefits to meet federal and state laws guaranteeing the students a free and appropriate public education. Currently SHARS must be prescribed in a student’s individualized education program (IEP) as required by the Texas Education Code, §29.001(7), and implemented through Commissioner of Education rule at Title 19 Texas Administrative Code (TAC) §89.1001.

The proposed rule amendment to §354.1341 adds text to align with the implementation of House Bill (H.B.) 706, 86th Legislature, Regular Session, 2019. H.B. 706 amended the Texas Education Code to permit SHARS providers to bill and receive reimbursement for allowable audiology services provided to Medicaid-eligible children as prescribed in a plan created under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794). H.B. 706 requires HHSC to adopt rules necessary to implement Texas Education Code Section 38.033 (redesignated as Section 38.034 by H.B. 3607, 87th Legislature, Regular Session, 2021) in consultation with the Texas Education Association and as approved by the Centers for Medicare and Medicaid Services.

The proposed amendment to §354.1342 implements H.B. 2658, 87th Legislature, Regular Session, 2021, effective September 1, 2021. H.B. 2658 added Human Resources Code §32.0317. The proposed amendment will restate and clarify the federal requirement to obtain parental consent to access a student’s Medicaid in order to receive Medicaid reimbursement for all SHARS services.

HHSC is also proposing language to align these rules with 1 TAC §355.8443, concerning Reimbursement Methodology for School Health and Related Services (SHARS), and other clarifying language.

SECTION-BY-SECTION SUMMARY

• The proposed amendment to §354.1341 adds subsection (c) to require SHARS audiology services to be prescribed either in an IEP or in a written Section 504 Plan. The proposed amendment reformats the rule because of the addition of new subsection (c) and makes minor editorial changes.
• The proposed amendment to §354.1342 adds a reference to §354.1341 and adds language in paragraphs (1)(B) and (C) to permit school districts to claim for SHARS audiology services prescribed in either an IEP or Section 504 Plan, as required by proposed §354.1341(c). The proposed amendment replaces “school district” with “Local Education Agency (LEA)” to align with 1 TAC §355.8443.
• The proposed amendment to §354.1342 also combines current paragraphs (3) and (4) into paragraph (3) and clarifies that LEAs must abide by the rules and regulations of both HHSC and TEA. The proposed amendment adds new paragraph (4) outlining training requirements for LEAs. The proposed amendment moves the requirement to comply with all applicable federal, state, and local laws and regulations regarding the services provided from paragraph (5) to new paragraph (12) and replaces the language in paragraph (5) with the requirement to comply with federal parental consent and notification requirements for accessing a student’s Medicaid to pay for SHARS.
• The proposed amendment to §354.1342 also reformats the rule as necessary and makes minor editorial changes.

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Amending 26 TAC §§ 553.3, 553.17, 553.103, 553.257, 553.259 to update requirements concerning construction and licensing of Assisted Living Facilities (ALF).

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 553, Licensing Standards for Assisted Living Facilities, amendments to §553.3, relating to Definitions; §553.17, relating to Criteria for Licensing; §553.103, relating to Site and Location for all Assisted Living Facilities; §553.257, relating to Human Resources; and §553.259, relating to Admission Policies and Procedures.

BACKGROUND AND JUSTIFICATION

The purpose of the proposed amendments to §553.17 and §553.103 is to implement House Bill (H.B.) 1681, 87th Legislature, Regular Session, 2021. H.B. 1681 prohibits new construction of assisted living facilities (ALFs) in a 100-year flood plain in counties of more than 3.3 million residents. The proposed amendments also update outdated procedural information related to the licensing process.

The purpose of the proposed amendment to §553.257 is to implement Senate Bill (S.B.) 271, 87th Legislature, Regular Session, 2021. S.B. 271 requires ALFs to obtain a signed disclosure, on an HHSC prescribed form, from applicants for employment regarding out-of-state criminal convictions and to perform a name-based criminal history check in any state the applicant has lived in during the previous five years.

The purpose of the proposed amendment to §553.259 is to implement S.B. 383, 87th Legislature, Regular Session, 2021. S.B. 383 requires an ALF that advertises, markets, or otherwise promotes that it provides memory care services to provide an additional HHSC-prescribed memory care disclosure statement to each resident.

The proposed amendments also update rule references that became outdated as a result of the administrative transfer of rules from 40 TAC Chapter 92 to 26 TAC Chapter 553, reflect the transfer of functions from the Texas Department of Human Services or the Texas Department of Aging and Disability Services to HHSC, update terminology, and remove outdated references and requirements.

SECTION-BY-SECTION SUMMARY

• The proposed amendment to §553.3 adds new definitions for “Assisted Living Facility Memory Care Disclosure Statement form” and “memory care services” to implement S.B. 383 and renumbers the paragraphs accordingly.
• The proposed amendment to §553.17 adds subsections (c)(1)(D) and (h) with the requirement that a newly constructed ALF cannot be located in a 100-year flood plain if the facility is located in a county of more than 3.3 million residents for initial license applications submitted or licenses issued after the effective date of the new rule. Subsections 553.17(d), (f), (h), and (i) update the licensing process to account for the change to the online licensing system.
• The proposed amendment to §553.103 adds subsection (h) with the requirement that an ALF that applies for an initial license or that is initially licensed after November 1, 2022, must not be located in a 100-year floodplain if the facility is located in a county of more than 3.3 million residents.
• The proposed amendment to §553.257 adds subsection (a)(7) with the requirement that an ALF include a signed disclosure statement, prescribed by HHSC, indicating whether a potential employee has been convicted of an offense described in Texas Health and Safety Code §250.006 and identifying any states in which the employee has lived other than Texas within the past five years. This disclosure statement must be included in the employee’s personnel record. Section 553.257(b)(7) requires an ALF to conduct a name-based criminal history check for each state in which an applicant resided within the previous five years.
• The proposed amendment to §553.259 adds subsection (a)(4) with the requirement that an ALF that advertises, markets, or otherwise promotes that it provides memory care services to residents provide a HHSC-prescribed memory care disclosure statement to each resident. The amendment also requires an ALF that is Alzheimer’s certified to provide HHSC Form 3641 in addition to the memory care disclosure statement and make minor editorial changes to improve readability.

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Amending 26 TAC §§ 554.101, 554.204, 554.403, 554.1913, 554.1921, 554. 1935, 554.2002, 554.2326 to implement required disclosure statements for nursing facilities that advertise, market, or promote that it provides memory care facilities.

CHAPTER 554. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification, amendments to §554.101, relating to Definitions; §554.204, relating to Application Requirements; §554.403, relating to Notice of Rights and Services; §554.1921, relating to General Requirements for a Nursing Facility; §554.1935, relating to Automated External Defibrillators; §554.2002, relating to Procedural Requirements-Licensure Inspections and Surveys; and §554.2326, relating to Medicaid Swing Bed Program for Rural Hospitals. HHSC proposes the repeal of §554.1913, relating to Clinical Records Service Supervisor.

BACKGROUND AND JUSTIFICATION

The purpose of the proposed amendments to §§554.101, 554.204, 554.403, and 554.1921 is to implement Senate Bill (S.B.) 383, 87th Legislature, Regular Session, 2021. S.B. 383 requires a nursing facility (NF) that advertises, markets, or otherwise promotes that it provides memory care services to provide an additional HHSC prescribed memory care disclosure statement to each resident or resident representative and to each person applying for services from the facility or that person’s next of kin or guardian.

The purpose of the proposed repeal of §554.1913 and amendment to §554.2326 is to remove the requirement for a NF to employ a clinical records supervisor or other medical records keeper.

The purpose of the proposed amendment to §554.1935 is to implement S.B. 199, 87th Legislature, Regular Session, 2021. S.B. 199 requires a NF to conduct monthly inspections of its automated external defibrillator.

The purpose of the proposed amendment to §554.2002 is to implement House Bill (H.B.) 1423, 87th Legislature, Regular Session, 2021. H.B. 1423 increases the survey frequency of required unannounced NF inspections from two per three-year licensing period to one annually. H.B. 1423 also allows HHSC to conduct a follow-up inspection for evaluation and monitoring purposes to ensure HHSC is citing deficiencies consistently.

The proposed amendments also update rule references that became outdated as a result of the administrative transfer of rules from 40 TAC Chapter 19 to 26 TAC Chapter 554, reflect the transfer of functions from the Texas Department of Human Services or the Texas Department of Aging and Disability Services to HHSC, update terminology, and remove outdated references and requirements.

SECTION-BY-SECTION SUMMARY

• The proposed amendment to §554.101 adds paragraphs (10), (40), (81), and (82) with new definitions for “Alzheimer’s Disclosure Statement for Nursing Facilities,” “Essential Caregiver,” “Memory Care Disclosure Statement for Nursing Facilities,” and “Memory care services.”
• The proposed amendment to §554.204(a) and (b) revises requirements for the application process to account for the online application system. The proposed amendment also removes the outdated requirement that a NF provide with its application for licensure the required disclosure statement regarding a NF’s care and treatment of residents with Alzheimer’s disease and related disorders, a certificate of good standing issued by the Comptroller of Public Accounts, and a certificate of incorporation or partnership agreement.
• The proposed amendment to §554.403 adds new subsections (n) and (o). New subsection (n)(1) adds language requiring a NF that advertises, markets, or otherwise promotes that it provides memory care services to residents, to provide an HHSC prescribed memory care disclosure statement to each resident or resident representative and to each person applying for services from the facility or that person’s next of kin or guardian. New subsection (n)(2) adds language requiring a NF that advertises, markets, or otherwise promotes that it provides services to residents with Alzheimer’s disease and related disorders, to provide HHSC Form 3641-A, Alzheimer’s Disclosure Statement for Nursing Facilities, to each resident or resident representative, each person applying for services from the facility or that person’s next of kin or guardian, and a person seeking information about the facility’s care and treatment of residents with Alzheimer’s disease and related disorders. This new subsection replaces §554.1921(f). New subsection (o) requires a NF to provide an amended disclosure statement, required by subsection (n)(1) and (2) of this section, to a resident, responsible party, or legal guardian at least 30 days before the change in the operation of the facility reflected in the amended disclosure statement is effective.
• The proposed repeal of §554.1913 removes the requirement that a NF employ a clinical records supervisor or other medical records keeper. The proposed amendment to §554.2326(e) removes a reference to this requirement for a NF to employ a clinical records supervisor or other medical records keeper.
• The proposed amendment to §554.1921 deletes subsection (f) to remove the outdated requirement that a NF provide a disclosure statement if it advertises, markets, or otherwise promotes that it provides services to residents with Alzheimer’s disease and related disorders. This subsection is replaced by §554.403(n)(2).
• The proposed amendment to §554.1935 adds a new subsection (f). This new subsection requires a NF to conduct monthly inspections to verify that the automated external defibrillator in the NF is in its designated location, is ready for use, and does not appear to be damaged.
• The proposed amendment to §554.2002(g) adds language that increases the survey frequency of required unannounced NF inspections from two per three-year licensing period to one annually and deletes references to certain organizations that no longer participate in HHSC inspections. HHSC is not proposing any rule changes to allow HHSC to conduct a follow-up inspection for evaluation and monitoring purposes to ensure HHSC is citing deficiencies consistently. HHSC believes the language currently in §554.2002(i) allows these follow-up inspections.

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New 26 TAC §967.1, describing the death reporting timeline for state supported living centers (SSLCs).

CHAPTER 967. STATE SUPPORTED LIVING CENTER INDEPENDENT MORTALITY REVIEW
26 TAC §967.1

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §967.1, concerning Independent Mortality Review.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to comply with Texas Government Code §531.851(d), which requires HHSC to identify the manner in which the state supported living centers (SSLCs) must report the death of an individual served to the independent mortality review organization contracted pursuant to §531.851(c) to conduct an independent mortality review. Additionally, this proposal places HHSC rules in Title 26 and the repeal of Texas Administrative Code (TAC) Title 40, Chapter 3, Subchapter E, concerning Death of an Individual, is being simultaneously proposed in this issue of the Texas Register.

SECTION-BY-SECTION

Proposed new §967.1, concerning Independent Mortality Review, describes the timeframe the SSLC must follow when there is a death of a person with an intellectual or developmental disability in a SSLC.

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Texas State Board of Examiners of Psychologist

Proposed Rules Re:

Repealing 22 TAC §463.35, which concerned rules relating to professional development.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35

OVERVIEW

The Texas Behavioral Health Executive Council proposes the repeal of §463.35, relating to Professional Development. This rule is proposed to be repealed and replaced by a new §465.35, pertaining to Requirements for Professional Development, which is formatted similarly to the other Boards under the Executive Counsel.

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New 22 TAC §463.35, streamlining continued education rules and describing new requirements for each application renewal cycle.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35

OVERVIEW

This proposed new rule is intended to streamline all the continuing education into a rule formatted similarly to the other Boards under the Executive Counsel. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, licensees will be able to carry forward up to ten hours from the previous cycle if they were not used, licensees can opt to take the jurisprudence examination for one hour of ethics credit, and lastly licensees can now claim up to one hour of self-study continuing education credit.

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Texas Board of Examiners of Marriage and Family Therapist

Proposed Rules Re:

Amending 26 TAC § 801.2 to add the definition of direct clinical services to couples or families.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC § 801.2

OVERVIEW

The proposed amendment adds a definition for direct clinical services to couples or family for the purpose of providing greater clarity in the rules.

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Amending 22 TAC §801.43 to clarify how supervisees must represent themselves to clients and the public.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.43

OVERVIEW

The proposed amendment clarifies how supervisees must represent themselves to clients and the public.

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Amending 22 TAC §801.302 to outline the schedule of suspensions relating to the licensure and regulation of marriage and family therapists.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.302

OVERVIEW

This amended rule is proposed to make the rule clearer and to simplify the guide by combining levels 2 and 3 into a suspension for any amount of time. Additionally, the possible penalty amount for a suspension is increased to a maximum of $5,000 to align with Occupations Code Section 507.352.

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Repealing 22 TAC §801.305 which concerned the schedule of sanctions for marriage and family therapists.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.305

OVERVIEW

This rule is proposed to be repealed and replaced with a new schedule of sanctions that is proposed elsewhere in the edition of the Texas Register.

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New 22 TAC §801.305, replacing the schedule of sanctions relating to the licensure and regulation of marriage and family therapists.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 YAC §801.305

OVERVIEW

This new rule has been proposed to replace the current schedule of sanctions and make it easier to use. The format of this new schedule of sanctions will more closely resemble the format used by the other behavioral health boards. There are a few substantive changes being proposed to the schedule currently in effect. Rules that are currently split between an extended and moderate suspension are proposed to be a Level 2 suspension which aligns with the proposed changes to §801.302, which combines the two suspension levels into one, see §§801.44(t) and (v), 801.47, and 801.57(e). Additionally, typographical errors are being corrected with this proposed change and the sanction for 801.47 is now split into subsections (a) and (b) which are a suspension and revocation respectively. And §801.44(s) – (v) have been updated to correspond more accurately to the correct rule and sanction. Lastly, in the April 22, 2022, edition of the Texas Register, §801.143(h) – (l) were proposed to be amended so corresponding amendments have been made to match those previously proposed changes.

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Texas Behavioral Health Executive Council

Proposed Rules Re:

Amending 22 TAC §885.1 to reduce fees for licensing applications.

CHAPTER 885. FEES
22 TAC §885.1

OVERVIEW

On October 8, 2019, Governor Greg Abbott sent a letter to all Texas State agency heads instructing agencies to reform occupational-licensing rules in several areas. One such area the Governor focused on was the reduction of fees, specifically the Governor instructed agencies to develop and implement plans to reduce license applications fees to 75% or less of the national average for equivalent or comparable occupations, whenever possible. This proposed amendment is intended to do just that, all application and renewal licensing fees have either been reduced to 75% of the national average or if the fee was already below 75% of the national average then the fee stayed the same. The current fee schedule will remain in effect until September 1, 2023, on this date these new fee changes are scheduled to take effect. Applications fees are proposed to be reduced for the following license types: LCSW by $9.00, LPC and LPC-Associate by $56.00, LPA by $189.00, LP by $426.00, and LSSP by $36.00. Renewal fees are proposed to be reduced for the following license types: LBSW and LMSW by $33.00, LCSW and LMSW-AP by $55.00, and LP by $129.00. Additionally, the $4.00 Texas.gov fee is proposed to be removed from the temporary license application for social workers and the application for criminal history evaluation. The implementation of these proposed fee changes is scheduled to take effect on September 1, 2023, to provide all interested parties the opportunity to comment on these changes. Based upon future comments and information gathered these proposed fee changes may be subject to future proposed changes.

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Department of Aging and Disability Services

Proposed Rules Re:

Repealing 40 TAC §§3.501-3.506, 3.508, 3.509 to update internal operating procedures for the death of an individual.

CHAPTER 3. RESPONSIBILITIES OF STATE FACILITIES
SUBCHAPTER E. DEATH OF AN INDIVIDUAL
40 TAC §§3.501 – 3.506, 3.508, 3.509

OVERVIEW

As 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 Texas Administrative Code (TAC) Title 40, Part 1, and will be repealed or administratively transferred to 26 TAC, Health and Human Services, as appropriate. Until such action is taken, the rules in 40 TAC 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 40 TAC Part 1. Therefore, the Executive Commissioner of HHSC proposes the repeal of 40 TAC Chapter 3, Subchapter E, concerning Death of an Individual, which comprises §§3.501, concerning Discovery, 3.502, concerning Reporting and Notification, 3.503, concerning Medical Certification of Death and Autopsies, 3.504, concerning Disposition, 3.505, concerning Clinical Death Review, 3.506, concerning Administrative Death Review, 3.508, concerning State Office Mortality Review, and 3.509, concerning Independent Mortality Review.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to facilitate updates to internal operating procedures for which there are no statutory requirements for adoption in the TAC by repealing the rules in Title 40, Chapter 3, Subchapter E, concerning Death of an Individual. While the state supported living centers (SSLCs) will continue to conduct both facility-level and state office-level reviews of the deaths of individuals served, the adoption of these procedures in the TAC impedes the SSLCs’ ability to make necessary and timely updates to the procedures. This proposal also complies with Texas Government Code §531.851(d), which requires HHSC to identify the manner in which the SSLCs must report the death of an individual served to the independent mortality review organization contracted pursuant to Section 531.851(c) to conduct an independent mortality review. This independent mortality review is in addition to the reviews conducted at the facility and state office levels. This proposal repeals HHSC rules in Title 40 and a new rule is proposed in 26 TAC 967, concerning State Supported Living Center Independent Mortality Review, which is being simultaneously proposed in this issue of the Texas Register.

SECTION-BY-SECTION SUMMARY

Proposed repeal of Chapter 3, Subchapter E, concerning Death of an Individual, is necessary to facilitate updates to internal operating procedures for which there are no statutory requirements for adoption.

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Texas Board of Nursing

Adopted Rules Re:

New 22 TAC §211.11, outlining the requirements regarding the sick leave pool and family leave pool.

CHAPTER 211. GENERAL PROVISIONS
22 TAC §211.11

OVERVIEW

The Texas Board of Nursing (Board) adopts new §211.11, relating to Employee Leave Pools, without changes to the proposed text published in the June 17, 2022, edition of the Texas Register (47 TexReg 3524) and will not be republished.

BACKGROUND AND JUSTIFICATION

The new section is being adopted under the authority of the Government Code Chapter 661 and is necessary to implement the statutory requirements of that chapter. Pursuant to §661.002(a), the governing body of a state agency, through the establishment of a program, must allow an agency employee to voluntarily transfer to a sick leave pool sick leave earned by the employee. Section 661.002(b) and (c) require agencies to administer a sick leave pool and adopt rules and prescribe procedures relating to the operation of the agency sick leave pool. Section 661.004 provides that an agency employee may use time contributed to an agency sick leave pool if the employee has exhausted the employee’s sick leave because of a catastrophic illness or injury or a previous donation of time to the pool. Adopted new §211.11(a) establishes the Board’s sick leave pool pursuant to these statutory directives.

Pursuant to §661.022(a), the governing body of a state agency, through the establishment of a program, must allow an agency employee to voluntarily transfer sick or vacation leave earned by the employee to a family leave pool. Section 661.022(b) and (c) require agencies to administer a family leave pool and adopt rules and prescribe procedures relating to the operation of the agency family leave pool. Section 661.021 provides that the purpose of the state employee family leave program is to provide eligible state employees more flexibility in bonding with and caring for children during a child’s first year following birth, adoption, or foster placement; and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic; and allow employees to apply for leave time under the family leave pool. Adopted new §211.11(b) establishes the Board’s family leave pool pursuant to these statutory directives.

The remainder of the adopted new section designates the Sick and Family Leave Pool Administrator for the Board; requires policies and procedures to effectuate the operation of the pools; and clarifies that all employee donations to the Board’s sick and family leave pools will be voluntary only and in writing.

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Texas Department of State Health Services

Agency Rules Re:

Title 25, Part 1

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

Chapter 101, Tobacco

§101.1 – Purpose

§101.2 – Definitions

§101.3 – General Requirements for Annual Reports by Manufacturers

§101.4 – Ingredient Reporting Requirements

§101.5 – Cigarette Nicotine Yield Rating Reporting Requirements

§101.6 – Tobacco Products–Excluding Cigars, Nicotine Reporting Requirements

§101.7 – Security of Report Information

§101.10 – Public Information

Notice of the review of this chapter was published in the April 29, 2022, issue of the Texas Register (47 TexReg 2572). HHSC received no comments concerning this chapter.

DSHS has reviewed Chapter 101 in accordance with §2001.039 of the Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting §§101.1 – 101.4, 101.7, and 101.10 in this chapter continue to exist and readopts these rules. DSHS determined that the original reasons for adopting §101.5 and §101.6 do not continue to exist. At a later date, the agency anticipates repealing §101.5 and §101.6 since the statutory authority no longer exists. Any appropriate amendments to Chapter 101 identified by the agency during the rule review will be published in the Proposed Rules section of a future issue of the Texas Register, and will be open for public comment prior to final adoption by the agency.

This concludes the agency’s review of 25 TAC Chapter 101, Tobacco, as required by the Texas Government Code, §2001.039.

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In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s issue of the Texas Register at 47 Tex Reg 4734.

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Order Adding Daridorexant to Schedule IV, Permanently Placing Five Synthetic Cannabinoids in Schedule I, and Temporarily Placing Seven Synthetic Benzimidazole-opiod Substances in Schedule I

For more information, please visit this week’s issue of the Texas Register at 47 Tex Reg 4740.