Texas Register Table of Contents
- 1 Texas Department of State Health Services
- 2 Texas State Board of Pharmacy
- 2.0.1 Adopted Rules Re:
- 2.0.1.1 Amending 22 TAC §291.8 to clarify the situations in which a pharmacist at all classes of pharmacies may re-dispense a prescription drug.
- 2.0.1.2 Amending 22 TAC §291.33, to describe situations in which a pharmacist at a community pharmacy may re-dispense a prescription drug.
- 2.0.1.3 Amending 22 TAC §291.73 to correct a citation reference and eliminate a grammatical error.
- 2.0.1.4 Amending 22 TAC §295.8 to update the required human trafficking prevention course for renewal of a license to practice pharmacy.
- 2.0.1.5 Amending 22 TAC §297.8, concerning the requirement of pharmacy technicians to complete a human trafficking prevention course.
- 2.0.1 Adopted Rules Re:
- 3 Cancer Prevention and Research Institute of Texas
- 4 Texas State Board of Examiners of Marriage and Family Therapists
Texas Department of State Health Services
Proposed Rules Re:
New 25 TAC §133.53, describing disclosure requirements to promote hospital price transparency.
CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.53
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §133.53, concerning Hospital Price Transparency Reporting and Enforcement in Texas Administrative Code, Title 25, Part 1, Chapter 133, Subchapter C, concerning Operational Requirements.
Proposed new §133.53 requires a hospital to comply with the pricing disclosure requirements under Texas Health and Safety Code Chapter 327 and submit any updates to the list of standard charges or list of shoppable services to HHSC as specified on HHSC’s website. The proposed rule also sets forth the administrative penalties HHSC may impose against a hospital that fails to comply with Health and Safety Code Chapter 327 or §133.53.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement Senate Bill (S.B.) 1137, 87th Legislature, Regular Session, 2021, which requires hospitals licensed under Texas Health and Safety Code Chapter 241 to disclose price information and maintain and make publicly available a list of standard charges for certain hospital items and services, including by publishing the list or a link to the list in a prominent location on the home page of the hospital’s website. The proposed new rule also implements HHSC’s authority under S.B. 1137 to impose an administrative penalty on a hospital that violates HSC Chapter 327.
Texas State Board of Pharmacy
Adopted Rules Re:
Amending 22 TAC §291.8 to clarify the situations in which a pharmacist at all classes of pharmacies may re-dispense a prescription drug.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.8
OVERVIEW
The Texas State Board of Pharmacy adopts amendments to §291.8, concerning Return of Prescription Drugs. These amendments are adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5398). The rule will not be republished.
The amendments clarify that a pharmacist may re-dispense a prescription drug as authorized by exceptions in Chapters 431 and 442 of the Health and Safety Code and correct a grammatical error.
The Board received a comment from Jack Schaeffer with MediCircle in support of the amendments.
BACKGROUND AND JUSTIFICATION
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 – 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 – 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.
Amending 22 TAC §291.33, to describe situations in which a pharmacist at a community pharmacy may re-dispense a prescription drug.
CHAPTER 291. PHARMACIES
SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.33
OVERVIEW
The Texas State Board of Pharmacy adopts amendments to §291.33, concerning Operational Standards. These amendments are adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5400) and will not be republished.
The amendments clarify that a pharmacist may re-dispense a prescription drug as authorized by exceptions in Chapters 431 and 442 of the Health and Safety Code and correct grammatical errors.
The Board received a comment from Jack Schaeffer with MediCircle in support of the amendments.
BACKGROUND AND JUSTIFICATION
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 – 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 – 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.
Amending 22 TAC §291.73 to correct a citation reference and eliminate a grammatical error.
CHAPTER 291. PHARMACIES
SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)
22 TAC §291.73
OVERVIEW
The Texas State Board of Pharmacy adopts amendments to §291.73, concerning Personnel. These amendments are adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5411) and will not be republished.
The amendments correct a citation reference and a grammatical error.
No comments were received.
BACKGROUND AND JUSTIFICATION
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 – 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 – 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.
Amending 22 TAC §295.8 to update the required human trafficking prevention course for renewal of a license to practice pharmacy.
CHAPTER 295. PHARMACISTS
22 TAC §295.8
OVERVIEW
The Texas State Board of Pharmacy adopts amendments to §295.8, concerning Continuing Education Requirements. These amendments are adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5415). The rule will not be republished.
The amendments clarify that the requirement to complete a human trafficking prevention course for renewal of a license to practice pharmacy does not expire on September 1, 2022.
No comments were received.
BACKGROUND AND JUSTIFICATION
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 – 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 – 569, Texas Occupations Code.
Amending 22 TAC §297.8, concerning the requirement of pharmacy technicians to complete a human trafficking prevention course.
CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES
22 TAC §297.8
OVERVIEW
The Texas State Board of Pharmacy adopts amendments to §297.8, concerning Continuing Education Requirements. These amendments are adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5419). The rule will not be republished.
The amendments clarify that the requirement to complete a human trafficking prevention course for renewal of a registration as a pharmacy technician does not expire on September 1, 2022.
No comments were received.
BACKGROUND AND JUSTIFICATION
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 – 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 – 569, Texas Occupations Code.
Cancer Prevention and Research Institute of Texas
Adopted Rules Re:
Amending 25 TAC §§703.10, 703.11, 703.15, 703.24, 703.26 to update requirements concerning grant recipients.
CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH
25 TAC §§703.10, 703.11, 703.15, 703.24, 703.26
OVERVIEW
The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) adopts the amendments to 25 Texas Administrative Code §§703.10, 703.11, 703.15, 703.24 and 703.26 without changes to the proposed amendments as published in the September 2, 2022, issue of the Texas Register (47 TexReg 5229); therefore, the rules will not be republished. The amendments relate to eligible matching funds, deadlines for corrections to Financial Status Report supporting documentation, and references to Texas Grant Management Standards.
BACKGROUND AND JUSTIFICATION
The amendment to §703.11(c) adds a new paragraph (7) to allow a grant recipient to use relocation costs to Texas as a source matching grant funds. The proposed amendment to §703.24(a)(5) requires a grant recipient to provide more information to or correct a deficiency in the supporting documentation of a Financial Status Report (FSR) within five (5) business days of a request from the Institute. The amendments to §§703.10, 703.15, and 703.26 replace references to Uniform Grant Management Standards with Texas Grant Management Standards.
CPRIT received no public comments regarding the proposed amendments to Chapter 703; CPRIT staff recommends moving forward with adoption of the amendments.
The rule changes are adopted under the authority of the Texas Health and Safety Code Annotated, § 102.108, which provides the Institute with broad rule-making authority to administer the chapter.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.
Texas State Board of Examiners of Marriage and Family Therapists
In Addition Re:
Correction of Error regarding an effective date.
The Texas State Board of Examiners of Marriage and Family Therapists adopted amended 22 TAC §801.2 in the November 18, 2022, issue of the Texas Register (47 TexReg 7692). Due to an error by the Texas Register, the incorrect effective date was published for the adoption. The correct effective date for the adoption is November 23, 2022.