Texas Register Table of Contents
- 1 Texas State Board of Pharmacy
- 2 Texas Department of State Health Services
- 3 Texas Health and Human Services Commission
- 3.0.1 Adopted Rules Re:
- 3.0.1.1 Adopting 26 TAC §509.47, to add new subsections requiring a freestanding emergency medical care facility to comply with forensic medical examination training requirements.
- 3.0.1.2 Adopting 26 TAC §510.44, to require a private psychiatric hospital or a crisis stabilization to unit to comply with discharge requirements in HSC §256.003; update outdated information; align rule language with the other rules; and update references.
- 3.0.1.3 Adopting 26 TAC §511.62, to require a limited services rural hospital to comply with discharge requirements set forth by HSC §256.003.
- 3.0.2 In Addition Re:
- 3.0.1 Adopted Rules Re:
- 4 Texas Department of Insurance, Division of Workers’ Compensation
Texas State Board of Pharmacy
Proposed Rules Re:
Amending 22 TAC §291.133, to update procedures for pharmacies compounding sterile preparations.
CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.133
OVERVIEW
The Texas State Board of Pharmacy proposes amendments to §291.133, concerning Pharmacies Compounding Sterile Preparations. The amendments, if adopted, update the personnel, environment, compounding process, cleaning and disinfecting, beyond-use dating, cleansing and garbing, environmental testing, sterility testing, recall procedure, and recordkeeping requirements for pharmacies compounding sterile preparations.
Withdrawn Rules Re:
CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.133
OVERVIEW
The Texas State Board of withdraws proposed amendments to §291.133, which appeared in the September 20, 2024, issue of the Texas Register (49 TexReg 7588).
Adopted Rules Re:
Adopting 22 TAC §291.9, to clarify that U.S. Mail is a type of common carrier.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.9
OVERVIEW
The Texas State Board of Pharmacy adopts amendments to §291.9, concerning Prescription Pick Up Locations. These amendments are adopted without changes to the proposed text as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7576). The rule will not be republished.
The amendments clarify that U.S. Mail is a type of common carrier.
Adopting 22 TAC §291.33, to clarify recordkeeping requirements for certain donated prescription drugs.
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 20, 2024, issue of the Texas Register (49 TexReg 7577). The rule will not be republished.
The amendments clarify a recordkeeping requirement for a donated prescription drug dispensed under Chapter 442, Health and Safety Code, in accordance with House Bill 4332.
Texas Department of State Health Services
Adopted Rules Re:
Adopting 25 TAC §133.45, to add a new subsection (k), which requires general or special hospital compliance with the discharge requirements, and subsections (l) and (m), which require general or special hospital compliance with forensic medical examination training and basic sexual assault response training requirements.
CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.45
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §133.45, concerning Miscellaneous Policies and Protocols.
The amendment to §133.45 is adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5253). This rule will not be republished.
BACKGROUND AND PURPOSE
The adoption is necessary to implement Senate Bill (S.B.) 186 and S.B. 1402, 88th Legislature, Regular Session, 2023.
S.B. 186 added new Texas Health and Safety Code (HSC) §256.003, which prohibits a hospital or other health care facility from discharging or otherwise releasing a patient to a group home, boarding home facility, or similar group-centered facility, unless the person operating the group-centered facility holds a license or permit in accordance with applicable state law. New HSC §256.003 also contains provisions to allow a hospital or other health care facility to discharge a patient to a group-centered facility that does not hold an applicable license or permit under certain circumstances.
S.B. 1402 amended HSC §323.0045 and added new HSC §323.0046. Amended HSC §323.0045 requires a person who performs a forensic medical examination on a sexual assault survivor to complete at least two hours of basic forensic evidence collection training or equivalent education. Amended HSC §323.0045 also requires each health care facility with an emergency department that is not a sexual assault forensic exam-ready facility (SAFE-ready facility) to develop a written policy to require staff who perform forensic medical examinations on sexual assault survivors to complete at least two hours of basic forensic evidence collection training. New HSC §323.0046 requires each health care facility with an emergency department to provide at least one hour of basic sexual assault response training to certain facility employees and outlines the training content requirements. New HSC §323.0046 also requires each non-SAFE-ready health care facility with an emergency department to develop a written policy to ensure all appropriate facility personnel complete the basic sexual assault response training.
The adoption adds information regarding the new discharge requirements in HSC §256.003, new training requirements in HSC §323.0045 and §323.0046 to the general and special hospital rules, and more statutory language to further align the rule requirements for providing parents or caregivers of newborn infants with a resource pamphlet, as required by HSC §161.501.
In Addition Re:
Licensing Actions for Radioactive Materials (.pdf)
For more information, please visit this week’s edition of the Texas Register at 49 Tex. Reg. 10718.
Texas Health and Human Services Commission
Adopted Rules Re:
Adopting 26 TAC §509.47, to add new subsections requiring a freestanding emergency medical care facility to comply with forensic medical examination training requirements.
CHAPTER 509. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §509.47
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §509.47, concerning Emergency Services.
The amendment to §509.47 is adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5302). This rule will not be republished.
BACKGROUND AND PURPOSE
The adoption is necessary to implement Senate Bill (S.B.) 1402, 88th Legislature, Regular Session, 2023.
S.B. 1402 amended Texas Health and Safety Code (HSC) §323.0045 and added new HSC §323.0046. Amended HSC §323.0045 requires a person who performs a forensic medical examination on a sexual assault survivor to complete at least two hours of basic forensic evidence collection training or equivalent education. Amended HSC §323.0045 also requires each health care facility with an emergency department that is not a sexual assault forensic exam ready facility (SAFE-ready facility) to develop a written policy to require staff who perform forensic medical examinations on sexual assault survivors to complete at least two hours of basic forensic evidence collection training. New HSC §323.0046 requires each health care facility with an emergency department to provide at least one hour of basic sexual assault response training to certain facility employees and outlines the training content requirements. New HSC §323.0046 also requires each non-SAFE-ready health care facility with an emergency department to develop a written policy to ensure all appropriate facility personnel complete the basic sexual assault response training.
The adoption adds the new training requirements in HSC §323.0045 and §323.0046 to the freestanding emergency medical care facility rules.
Adopting 26 TAC §510.44, to require a private psychiatric hospital or a crisis stabilization to unit to comply with discharge requirements in HSC §256.003; update outdated information; align rule language with the other rules; and update references.
CHAPTER 510. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §510.44
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §510.44, concerning Miscellaneous Policies and Protocols.
The amendment to §510.44 is adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5304). This rule will not be republished.
BACKGROUND AND PURPOSE
The adoption is necessary to implement Senate Bill (S.B.) 186, 88th Legislature, Regular Session, 2023.
S.B. 186 added new Texas Health and Safety Code (HSC) §256.003, which prohibits a hospital or other health care facility from discharging or otherwise releasing a patient to a group home, boarding home facility, or similar group-centered facility, unless the person operating the group-centered facility holds a license or permit in accordance with applicable state law. New HSC §256.003 also contains provisions to allow a hospital or other health care facility to discharge a patient to a group-centered facility that does not hold an applicable license or permit under certain circumstances.
The adoption adds information regarding the new discharge requirements in HSC §256.003.
Adopting 26 TAC §511.62, to require a limited services rural hospital to comply with discharge requirements set forth by HSC §256.003.
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §511.62
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §511.62, concerning Discharge Planning.
The amendment to §511.62 is adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5306). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adoption is necessary to implement Senate Bill (S.B.) 186, 88th Legislature, Regular Session, 2023.
S.B. 186 added new Texas Health and Safety Code (HSC) §256.003, which prohibits a hospital or other health care facility from discharging or otherwise releasing a patient to a group home, boarding home facility, or similar group-centered facility unless the person operating the group-centered facility holds a license or permit in accordance with applicable state law. New HSC §256.003 also contains provisions to allow a hospital or other health care facility to discharge a patient to a group-centered facility that does not hold an applicable license or permit under certain circumstances.
The adoption adds information regarding the new discharge requirements in HSC §256.003.
In Addition Re:
Public Notice – Texas State Plan for Medical Assistance Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments will be effective January 1, 2025.