Texas Register December 16, 2022 Volume: 47 Number: 50

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments Re:
    - 1.0.1.1 The Governor appointed Ricky P. Garcia to the State Board of Dental Examiners.
2 Texas State Board of Examiners of Psychologists
- - 2.0.1 Proposed Rules Re:
    - 2.0.1.1 Amending 22 TAC §465.38, to allow a licensed specialist in school psychology (LSSP) to use the title school psychologist, as referenced in the Education Code.
3 Texas State Board of Examiners of Professional Counselors
- - 3.0.1 Proposed Rules Re:
4 Texas State Board of Examiners of Marriage and Family Therapists
- - 4.0.1 Proposed Rules Re:
5 Texas Health and Human Services Commission
- - 5.0.1 Adopted Rules Re:
6 Department of Aging and Disability Services
- - 6.0.1 Adopted Rules Re:
    - 6.0.1.1 Repealing 40 TAC §§3.701 – 3.708, regarding electronic monitoring.

Governor

Appointments Re:

The Governor appointed Ricky P. Garcia to the State Board of Dental Examiners.

Appointments for November 30, 2022

Appointed to the State Board of Dental Examiners for a term to expire February 1, 2027, Ricky P. Garcia of Pasadena, Texas (replacing Marquita F. Pride of Little Elm, who resigned).

Texas State Board of Examiners of Psychologists

Proposed Rules Re:

Amending 22 TAC §465.38, to allow a licensed specialist in school psychology (LSSP) to use the title school psychologist, as referenced in the Education Code.

CHAPTER 465. RULES OF PRACTICE
22 TAC §465.38

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §465.38, relating to Psychological Services for Schools.

BACKGROUND AND JUSTIFICATION

The proposed amendments are made to allow a licensed specialist in school psychology (LSSP) to use the title school psychologist, as referenced in the Education Code. The Council has received comments regarding the public’s confusion and unfamiliarity with the title LSSP. The intent behind this rule change is to help address the public’s confusion regarding this license type, so the public can better understand and recognize who they are and what activities they are licensed to perform.

Texas State Board of Examiners of Professional Counselors

Proposed Rules Re:

New 22 TAC §681.140, which would consolidate all continuing education requirements.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.140

OVERVIEW

The Texas Behavioral Health Executive Council proposes new §681.140, relating to Requirements for Continuing Education.

BACKGROUND AND JUSTIFICATION

This proposed new rule consolidates all the continuing education requirements contained in multiple rules into this single rule. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, LPCs will now be required to complete three hours of cultural diversity or competency; licensees with supervisor status will be required to complete six hours in supervision, but these hours will count towards the minimum required hours instead of in addition to the required hours; licensees may carry up to 10 unclaimed continuing education hours of from one renewal period to the next; and lastly licensees can now claim up to one hour of self-study continuing education credit.

Repealing 22 TAC §§681.141 – 681.143, 681.145, which related to General Continuing Education Requirements; Acceptable Continuing Education; Activities Unacceptable as Continuing Education; and Determination of Clock-hours Granted.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §§681.141 – 681.143, 681.145

OVERVIEW

The Texas Behavioral Health Executive Council proposes the repeal of §681.141, relating to General Continuing Education Requirements; §681.142, relating to Acceptable Continuing Education; §681.143, relating to Activities Unacceptable as Continuing Education; and §681.145, relating to Determination of Clock-hours Granted.

BACKGROUND AND JUSTIFICATION

These rules are proposed to be repealed because these same requirements have been added to new §681.140, pertaining to requirements for continuing education, which is proposed elsewhere in this issue of the Texas Register.

Amending 22 TAC §681.147, to update requirements related to 40-Clock-Hour Supervisor Training Course.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.147

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §681.147, relating to 40-Clock-Hour Supervisor Training Course.

BACKGROUND AND JUSTIFICATION

§681.142 has been proposed to be repealed and replaced with §681.140, so corresponding amendments have been made to this rule.

Texas State Board of Examiners of Marriage and Family Therapists

Proposed Rules Re:

Amending 22 TAC §801.142 to allow students in doctoral programs to count certain supervised experience hours toward licensure requirements.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.142

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §801.142, relating to Supervised Clinical Experience Requirements and Conditions.

BACKGROUND AND JUSTIFICATION

The proposed amendments add new subsection (10) which allows for students in doctoral programs to count supervised experience hours toward licensure requirements when obtained after the conferral of their master’s degree that meets licensure requirements. Additionally, other amendments have been proposed to correct typographical errors.

Amending 22 TAC §801.202, to change the LMFT Associate license to a five-year non-renewable term.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.202

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §801.202, relating to LMFT Associate License.

BACKGROUND AND JUSTIFICATION

The proposed amendments change the LMFT Associate license to a five year non-renewable term, similar to the LPC Associate license structure.

Amending 22 TAC §801.261, to include new hospitals and hospital systems to the continuing education requirements under subsection (f).

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.261

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §801.261, relating to Requirements for Continuing Education.

BACKGROUND AND JUSTIFICATION

The proposed amendments to this rule add hospitals and hospital systems to subsection (f) and makes the effective date of subsection (f) January 1, 2024. Additionally, amendments to §801.202 are being proposed in this issue of the Texas Register so corresponding amendments to subsection (a)(2) are also being proposed.

Texas Health and Human Services Commission

Adopted Rules Re:

Amending 1 TAC §355.105, to allow for preliminary rate setting before a public hearing for non-discretionary items.

CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER A. COST DETERMINATION PROCESS
1 TAC §355.105

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.105, concerning General Reporting and Documentation Requirements, Methods, and Procedures.

The amendment to §355.105 is adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5379). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment is necessary to allow for preliminary rate setting without a public hearing for non-discretionary items (e.g., Health Care Common Procedure Coding System (HCPCS) Updates, Indian Health Services (IHS), and the Medical Transportation Program (MTP)). These non-discretionary rates are published in the Federal Register or by the Texas Comptroller either on January 1 of each year or as deemed appropriate by the regulating entity. This rule amendment also corrects references to the HHSC Rate Analysis Department, now known as the HHSC Provider Finance Department.

Amending 26 TAC §§87.101, 87.103, 87.105, 87.107, 87.111, 87.113, 87.117, 87.119, concerning consumer complaints and contact methods for the Office of the Ombudsman (OO).

CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER A. OFFICE OF THE OMBUDSMAN
26 TAC §§87.101, 87.103, 87.105, 87.107, 87.111, 87.113, 87.117, 87.119

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §§87.101, 87.103, 87.105, 87.107, 87.111, 87.113, 87.117, 87.119, 87.205, 87.207, 87.211, 87.213, 87.215, 87.217, 87.301, 87.311, 87.319, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, and 87.419; and new §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519 in Title 26, Part 1, Chapter 87, concerning Ombudsman Services. New §87.513 is adopted with changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5423) and will be republished. The amendments to §§87.101, 87.103, 87.105, 87.107, 87.111, 87.113, 87.117, 87.119, 87.205, 87.207, 87.211, 87.213, 87.215, 87.217, 87.301, 87.311, 87.319, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, and 87.419; and new §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.515, 87.517, and 87.519 are adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5423), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

The adoption of the rules reflects operational procedures that have been modified by the Health and Human Services (HHS) Office of the Ombudsman (OO) since the chapter was adopted in January 2019. The amendments add a new subsection detailing how OO may structure communication with consumers if a consumer’s or the consumer’s legally authorized representative’s conduct hinders the effective investigation and resolution of a case. The amendments also replace a repealed reporting requirement with Texas Insurance Code §1355.2572(b), as added by House Bill 2595, 87th Legislature, Regular Session, 2021, which requires the Texas Department of Insurance to collaborate with the Ombudsman for Behavioral Health (OBH) on an annual report related to behavioral health parity. The amendments also add a new subchapter to outline how the Intellectual or Developmental Disability Ombudsman (IDDO), transferred to OO in January 2019, assists individuals with an intellectual or developmental disability (IDD) with inquiries and complaints.

Amending 26 TAC §§87.205, 87.207, 87.211, 87.213, 87.215, 87.217, to add the acronym LAR for the term legally authorized representative.

CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER B. OMBUDSMAN MANAGED CARE ASSISTANCE
26 TAC §§87.205, 87.207, 87.211, 87.213, 87.215, 87.217

OVERVIEW

BACKGROUND AND JUSTIFICATION

Amending 26 TAC §§87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, to update definitions and acronyms relating to ombudsman behavioral health services.

CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER D. OMBUDSMAN FOR BEHAVIORAL HEALTH
26 TAC §§87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419

OVERVIEW

BACKGROUND AND JUSTIFICATION

Amending 26 TAC §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, 87.519, to outline the responsibilities and goals for Intellectual or Developmental Disability Ombudsman (IDDO).

CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER E. INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN
26 TAC §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, 87.519

OVERVIEW

BACKGROUND AND JUSTIFICATION

New 26 TAC §§965.1 – 965.9, outlining general information about electronic monitoring in an individual’s bedroom in a state supported living center.

CHAPTER 965. ELECTRONIC MONITORING IN AN INDIVIDUAL’S BEDROOM IN A STATE SUPPORTED LIVING CENTER
26 TAC §§965.1 – 965.9

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts in Texas Administrative Code (TAC), new Chapter 965, Electronic Monitoring in an Individual’s Bedroom in a State Supported Living Center, which is comprised of §965.1, concerning Definitions; §965.2 concerning Electronic Monitoring; 965.3 concerning Information Regarding Electronic Monitoring; §965.4, concerning Request to Conduct Electronic Monitoring; 965.5, concerning Annual Consent by a Roommate; §965.6 concerning Capacity to Request or Consent to Electronic Monitoring; §965.7, concerning Conducting Electronic Monitoring; §965.8, concerning Required Facility Notice and Accommodation; and §965.9, concerning Reporting Abuse, Neglect, or Exploitation.

Sections 965.1 – 965.9 are adopted without changes to the proposed text as published in the September 16, 2022, issue of the Texas Register (47 TexReg 5741). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adoption places HHSC rules in 40 TAC Chapter 3, Subchapter G regarding Electronic Monitoring rules in 26 TAC. The repeal of 40 TAC Chapter 3, Subchapter G is being adopted elsewhere in this issue of the Texas Register.

Department of Aging and Disability Services

Adopted Rules Re:

Repealing 40 TAC §§3.701 – 3.708, regarding electronic monitoring.

CHAPTER 3. RESPONSIBILITIES OF STATE FACILITIES
SUBCHAPTER G. ELECTRONIC MONITORING
40 TAC §§3.701 – 3.708

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 the Texas Administrative Code (TAC) Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, 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 Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts the repeal of Title 40, Part 1, Chapter 3, Subchapter G, Electronic Monitoring, which is comprised of §3.701, concerning Electronic Monitoring; §3.702, concerning Information Regarding Electronic Monitoring; §3.703, concerning Request to Conduct Electronic Monitoring; §3.704, concerning Annual Consent of Other Individuals; §3.705, concerning Capacity to Request or Consent to Electronic Monitoring; §3.706, concerning Conducting Electronic Monitoring; §3.707, concerning Required Facility Notice and Accommodation; and §3.708, concerning Reporting Abuse, Neglect, or Exploitation.

Sections 3.701 – 3.708 are adopted without changes to the proposed text as published in the September 16, 2022, issue of the Texas Register (47 TexReg 5766). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of 40 TAC Chapter 3, Subchapter G deletes the rules as no longer necessary because content of the rules is being adopted in 26 TAC Chapter 965, Electronic Monitoring In An Individual’s Bedroom In A State Supported Living Center, simultaneously in this issue of the Texas Register.