Texas Register Table of Contents
- 1 State Board of Dental Examiners
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 22 TAC §111.5, to replace the requirement for a written statement for waivers with a requirement that a dentist attest to the circumstances necessitating a waiver.
- 1.0.1.2 New 22 TAC §114.8, to allow dental assistance to apply to the Board to retire or reinstate their retired registrations.
- 1.0.1.3 New 22 TAC §115.10, to describe the standards and certification for administration of local anesthetic agent by a dental hygienist.
- 1.0.1 Proposed Rules Re:
- 2 Texas Board of Nursing
- 3 Texas Board of Pharmacy
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 22 TAC §283.9, to clarify the fees for failure to timely submit the initial renewal application and license fee for a license to practice pharmacy.
- 3.0.1.2 Amending 22 TAC §315.9, to clarify that the requirement for the dispensing of a Schedule II controlled substance prescription which is issued by a practitioner in another state apply to electronic prescriptions.
- 3.0.2 Proposed Rule Reviews Re:
- 3.0.2.1 Reviewing Title 22, Part 15, Chapter 283, to determine whether the reasons for adopting the rule related to licensing requirements for pharmacists still exists.
- 3.0.2.2 Reviewing Title 22, Part 15, Chapter 291, to determine whether the reasons for adopting the rule related to Class A Community Pharmacies still exists.
- 3.0.2.3 Reviewing Title 22, Part 15, Chapter 315, to determine whether the reasons for adopting the rule related to Controlled Substances still exists.
- 3.0.1 Proposed Rules Re:
- 4 Texas Health and Human Services Commission
- 4.0.1 Proposed Rule Reviews Re:
- 4.0.1.1 Reviewing Title 26, Part 1 to consider for readoption, revision, or repeal the chapter related to Substance Use Services.
- 4.0.1.2 Reviewing Title 26, Part 1 to consider for readoption, revision, or repeal the chapter related to Volunteer and Community Engagement.
- 4.0.1.3 Reviewing Title 26, Part 1 to consider for readoption, revision, or repeal the chapter related to Anatomical Gift.
- 4.0.2 In Addition Re:
- 4.0.1 Proposed Rule Reviews Re:
- 5 Texas Department of State Health Services
State Board of Dental Examiners
Proposed Rules Re:
Amending 22 TAC §111.5, to replace the requirement for a written statement for waivers with a requirement that a dentist attest to the circumstances necessitating a waiver.
CHAPTER 111. STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS
22 TAC §111.5
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §111.5, concerning electronic prescribing waivers. The proposed amendment removes the requirement that a dentist must submit a written statement and supporting documentation describing the circumstances necessitating a waiver, and instead requires a dentist to attest to the circumstances necessitating a waiver. This amendment will make it less burdensome on the dentist when submitting a waiver request to the Board, and it will make the Board’s waiver process more efficient.
New 22 TAC §114.8, to allow dental assistance to apply to the Board to retire or reinstate their retired registrations.
CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL ASSISTANTS
22 TAC §114.8
OVERVIEW
The State Board of Dental Examiners (Board) proposes this new rule 22 TAC §114.8, concerning the retired status of a dental assistant registration. This rule will allow registered dental assistants to apply to the Board to retire their registrations and also to reinstate their retired registrations.
New 22 TAC §115.10, to describe the standards and certification for administration of local anesthetic agent by a dental hygienist.
CHAPTER 115. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL HYGIENE
22 TAC §115.10
OVERVIEW
The State Board of Dental Examiners (Board) proposes new rule 22 TAC §115.10, concerning the administration of local infiltration anesthesia by a dental hygienist. The proposed new rule pertains to the certification and standards for the administration of a local anesthetic agent by a dental hygienist as set out in House Bill 3824 of the 88th Texas Legislature, Regular Session (2023), and codified at Sections 258.001 and 262.002 of the Texas Occupations Code.
Texas Board of Nursing
Proposed Rules Re:
Amending 22 TAC §217.5, to allow for the recognition of out-of-state occupational licenses for spouses of military service members.
CHAPTER 217. LICENSURE, PEER ASSISTANCE, AND PRACTICE
22 TAC §217.5
OVERVIEW
The Texas Board of Nursing (Board) proposes amendments to 22 Texas Administrative Code §217.5, relating to Temporary License and Endorsement. The amendment is being proposed under the authority of the Occupations Code §301.151 and Senate Bill 422, effective September 1, 2023.
BACKGROUND AND JUSTIFICATION
In 2019, the Texas Legislature passed S.B. 1200 which created §55.0041, Occupations Code, to recognize out-of-state occupational licenses for a spouse of a military service member. This allows the portability of a license for the spouse of a service member, so the spouse does not have to redo any curriculum and testing from one state to another when the service member changes duty station. In 2021, during the 87th Regular Legislative Session, the Legislature enacted HB 139 that further amended §55.0041 requiring that a state agency that issues a license that has a residency requirement for license eligibility to adopt rules regarding the documentation necessary for a military spouse applicant to establish residency, including by providing to the agency a copy of the permanent change of station order for the military service member to whom the spouse is married.
Texas Board of Pharmacy
Proposed Rules Re:
Amending 22 TAC §283.9, to clarify the fees for failure to timely submit the initial renewal application and license fee for a license to practice pharmacy.
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.9
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §283.9, concerning Fee Requirements for Licensure by Examination, Score Transfer and Reciprocity. The amendments, if adopted, clarify how the board calculates the fee for failing to timely submit the initial renewal application and license fee for a license to practice pharmacy and correct grammatical errors.
Amending 22 TAC §315.9, to clarify that the requirement for the dispensing of a Schedule II controlled substance prescription which is issued by a practitioner in another state apply to electronic prescriptions.
CHAPTER 315. CONTROLLED SUBSTANCES
22 TAC §315.9
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §315.9, concerning Pharmacy Responsibility – Out-of-State Practitioner – Effective September 1, 2016. The amendments, if adopted, clarify that the requirements for dispensing a Schedule II controlled substance prescription issued by a practitioner in another state apply to an electronic prescription and remove the effective date from the short title.
Proposed Rule Reviews Re:
OVERVIEW
The Texas State Board of Pharmacy files this notice of intent to review Chapter 283, (§§283.1 – 283.12), concerning Licensing Requirements for Pharmacists, pursuant to Texas Government Code §2001.039, regarding Agency Review of Existing Rules.
OVERVIEW
The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, Subchapter B (§§291.31 – 291.36), concerning Pharmacies (Community Pharmacy (Class A)), pursuant to Texas Government Code §2001.039, regarding Agency Review of Existing Rules.
OVERVIEW
The Texas State Board of Pharmacy files this notice of intent to review Chapter 315, (§§315.1 – 315.16), concerning Controlled Substances, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.
Texas Health and Human Services Commission
Proposed Rule Reviews Re:
OVERVIEW
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 321, Substance Use Services
OVERVIEW
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 901, Volunteer and Community Engagement
OVERVIEW
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 990, Anatomical Gift
In Addition Re:
Public Notice: Change in Composition to the Drug Utilization Review Board
OVERVIEW
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 23-0040 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The proposed amendment requires a change in composition to the Drug Utilization Review Board (DURB). Changes include one additional managed care organization (MCO) representative, which will raise the number of MCO representatives from 2 to 3, as well as allowing MCO representatives to vote on changes. The proposed amendment implements House Bill 3286, 88th Texas Legislature, Regular Session, 2023. This change increases the total number of DURB members from 18 to 19. Texas covers travel expenses for DURB members and adding one more member may increase travel costs. The proposed amendment is effective March 1, 2024.
Public Notice: House Bill 54 – Personal Needs Allowance (PNA)
OVERVIEW
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 23-0027 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to increase the minimum monthly personal needs allowance (PNA) for residents of a nursing facility (NF), assisted living facility, intermediate care facilities for individuals with intellectual disabilities (ICFs/IID), or other similar long-term care facility from $60 to $75 for individuals and from $120 to $150 for couples. The proposed amendment implements House Bill 54, 88th Texas Legislature, Regular Session, 2023. The proposed amendment is effective January 1, 2024.
Texas Department of State Health Services
Adopted Rule Reviews Re:
Adopting the review of Title 25, Part 1, concerning Indoor Air Quality
The Texas Health and Human Services Commission (HHSC), on behalf of Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):
Chapter 297, Indoor Air Quality