Texas Register – December 3, 2021 Volume: 46 Number: 49

Department of State Health Services

Emergency Rules Re:

Renewing 25 TAC §448.603 to allow a licensed chemical dependency treatment facility to provide abuse, neglect, and exploitation training through live, interactive electronic mediums.

CHAPTER 448. STANDARD OF CARE
SUBCHAPTER F. PERSONNEL PRACTICES AND DEVELOPMENT
25 TAC §448.603

OVERVIEW

The Department of State Health Services is renewing the effectiveness of emergency amended §448.603 for a 60-day period. The text of the emergency rule was originally published in the August 6, 2021, issue of the Texas Register (46 Tex Reg 4757).

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) renews on an emergency basis in Title 25, Texas Administrative Code, Chapter 448, Standard of Care, an amendment to §448.603, concerning Training, to expand a licensed chemical dependency treatment facility’s (CDTF) ability to provide staff training on abuse, neglect, and exploitation and nonviolent crisis intervention through live, interactive, instructor-led, electronic means in response to COVID-19.

HHSC is renewing an emergency rule amendment to §448.603(d)(1) to temporarily permit a licensed CDTF to provide abuse, neglect, and exploitation training to staff through live, interactive, instructor-led, electronic means to reduce the risk of COVID-19 transmission. HHSC is also adopting an emergency rule amendment to §448.603(d)(4) to temporarily permit a licensed CDTF to provide nonviolent crisis intervention training to staff through live, interactive, instructor-led, electronic means to reduce the risk of COVID-19 transmission. There are no other changes to §448.603.

BACKGROUND AND JUSTIFICATION

As authorized by Texas Government Code §2001.034, HHSC 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 March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. 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 amendment to §448.603, concerning Training.

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Health and Human Services Commission

Emergency Rules Re:

New 26 TAC §554.2802, allowing a nursing facility to request a temporary increase in capacity or Medicaid bed allocation as part of the facility’s response to COVID-19.

CHAPTER 554. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER CC. COVID-19 EMERGENCY RULE
26 TAC §554.2802

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification, new §554.2802. This emergency rule is adopted in response to COVID-19 and requires nursing facilities to take certain actions to reduce the risk of spreading COVID-19. The emergency rule also permits nursing facilities to request temporary increases in capacity and Medicaid bed allocations to aid in preventing the transmission of COVID-19 or caring for residents with COVID-19.

HHSC is adopting an emergency rule to mitigate and contain COVID-19 and to permit a nursing facility to request a temporary increase in capacity or Medicaid bed allocation as part of the facility’s response to COVID-19. The purpose of the new rule is to describe the requirements nursing facility providers must immediately put into place to mitigate and contain COVID-19 and the procedures and criteria for requesting a temporary capacity increase or a temporary Medicaid bed allocation increase.

BACKGROUND AND JUSTIFICATION

As authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing if it finds 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 March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. 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. 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 Nursing Facility Response to COVID-19.

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Proposed Rules Re:

New 1 TAC §351.843, moving the ECI advisory committee requirements from 40 TAC Chapter 101, Subchapter C, Division 3 to 1 TAC Chapter 351.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.843

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §351.843, concerning Early Childhood Intervention Advisory Committee, in Texas Administrative Code (TAC), Part 15, Chapter 351, Subchapter B, Division 1.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to move the ECI advisory committee requirements from 40 TAC Chapter 101, Subchapter C, Division 3 to 1 TAC Chapter 351 and format the advisory committee rule so it aligns with other HHSC advisory committee rules.

The proposed repeal of 40 TAC Chapter 101, Subchapter C, Division 3, will remove rules related to ECI from the chapter related to the Department of Assistive and Rehabilitative Services, which was abolished September 1, 2016, and relocate them to 1 TAC Chapter 351, where other HHSC advisory committee rules are located. The repeal is published elsewhere in this issue of the Texas Register.

SECTION-BY-SECTION SUMMARY

Proposed new §351.843 moves requirements related to the ECI advisory committee from 40 TAC Chapter 101, Subchapter C, Division 3, Early Childhood Intervention Advisory Committee, to 1 TAC Chapter 351, Subchapter B, Division 1, Committees.

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In Addition Re:

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on December 13, 2021, at 9:30 a.m., to receive public comments on proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.

Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:

https://attendee.gotowebinar.com/register/7233576367066930448

PROPOSAL

The payment rates for the Medicaid Biennial Calendar Fee Review are proposed to be effective March 1, 2022, for the following services:

• Physician Administered Drugs Vaccines and Toxoids
• Q Codes NDCX

BACKGROUND AND JUSTIFICATION

The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

• §355.8085, which addresses the reimbursement methodology for physicians and other practitioners;
• §355.8441, which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps)

A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or after December 3, 2021. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.

Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St., Austin, Texas 78751.

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Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Medical Policy Review of Physician Administered Drugs – Vaccines and Toxoids

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on December 13, 2021, at 9:30 a.m., to receive public comments on proposed Medicaid payment rates for the Medicaid Medical Policy Review of Physician Administered Drugs (PAD) – Vaccines and Toxoids.

Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:

https://attendee.gotowebinar.com/register/7233576367066930448

PROPOSAL

The payment rates for the Medicaid Medical Policy Review of PAD Vaccines are proposed to be effective May 1, 2022, for the following services:

• B(1) PAD Comprehensive Policy Review
• B(2) PAD Vaccine Administration Policy Review

PROPOSAL

The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

• §355.8085, which addresses the reimbursement methodology for physicians and other practitioners; and
• §355.8441, which addresses the reimbursement methodology for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps) and the THSteps Comprehensive Care Program (CCP).

A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or after December 3, 2021. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.

Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St., Austin, Texas 78751.

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Notice of Public Hearing on Proposed Medicaid Payment Rates for the Special Fee Review of RELiZORB
Hearing.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on December 13, 2021, at 9:30 a.m., to receive public comments on proposed Medicaid payment rates for the Special Fee Review of RELiZORB.

Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:

https://attendee.gotowebinar.com/register/7233576367066930448

PROPOSAL

The payment rates for the Medicaid Special Fee Review of RELiZORB are proposed to be effective March 1, 2022.

BACKGROUND AND JUSTIFICATION

The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

• §355.8023, which addresses the reimbursement methodology for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS); and
• §355.8085, which addresses the reimbursement methodology for physicians and other practitioners.

A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or after December 3, 2021. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.

Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St., Austin, Texas 78751.

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Texas Board of Chiropractic Examiners

Proposed Rules Re:

Repealing 22 TAC §78.1 to simplify the rules defining the scope of practice.

CHAPTER 78. SCOPE OF PRACTICE
22 TAC §78.1

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §78.1 (Scope of Practice). As part of the Board’s comprehensive rule revision effort, the overall purpose of the repeal is to make the Board’s rules simpler and easier to navigate.

BACKGROUND AND JUSTIFICATION

The Board will propose a new §78.1 in a separate rulemaking. The Board will also propose to repeal and replace §78.2 (Prohibitions on the Scope of Practice) and propose a new §78.9 (Instrumented Vestibular-Ocular-Nystagmus Testing) to accommodate the reorganization of the new §78.1. These rulemaking actions are to improve the readability and organization of the Board’s rules; there are no substantive changes to the effect of the Board’s current rules. None of these proposed rule change the current chiropractic scope of practice in Texas.

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New 22 TAC §78.1, simplifying the rules concerning the scope of practice.

CHAPTER 78. SCOPE OF PRACTICE
22 TAC §78.1

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.1 (Scope of Practice). As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to make the Board’s rules simpler and easier to navigate. The Board will also propose to repeal and replace §78.2 (Prohibitions on the Scope of Practice) and propose a new §78.9 (Instrumented Vestibular-Ocular-Nystagmus Testing) to accommodate the reorganization of the new §78.1.

BACKGROUND AND JUSTIFICATION

These rulemaking actions are to improve the readability and organization of the Board’s rules; there are no substantive changes to the effect of the Board’ current rules relating to the scope of practice. While the Board does have the authority to clarify the chiropractic scope of practice under Texas Occupations Code §201.1525, the Board does not have the authority to expand that scope by rule. The chiropractic scope of practice is determined solely by statute and other applicable law, including Texas Board of Chiropractic Examiners v. Texas Medical Association, 616 S.W.3d 558 (Tex. 2021).

Specifically, the proposed new rule strikes superfluous overly-technical language from the current rule, which licensees and others found confusing and unnecessary. It also removes out-of-date language referring to requirements for radiological procedures (updated language for which may be found in current §78.5). The Board further strikes language referring to the specific requirements to perform instrumented vestibular-ocular-nystagmus testing (VONT), which will be moved into a stand-alone rule (new §78.9). The proposed new §78.1 also removes language referring to the prohibition on chiropractors using surgical or invasive procedures, which will be moved into a new §78.2 (Prohibitions on the Scope of Practice).

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New 22 TAC §78.9, clarifying the rules regarding Instrumented Vestibular-Ocular-Nystagmus Testing.

CHAPTER 78. SCOPE OF PRACTICE
22 TAC §78.9

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.9 (Instrumented Vestibular-Ocular-Nystagmus Testing). As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to make the Board’s rules simpler and easier to navigate.

BACKGROUND AND JUSTIFICATION

This rulemaking action is simply taking the language referring to the requirements for a chiropractor to perform instrumented vestibular-ocular-nystagmus testing (VONT) that are in the current §78.1 (Scope of Practice) and placing them in a stand-alone rule. The new rule also cleans up the language for readability and makes it conform to drafting conventions. The new rule does not substantively change the effect of the Board’s current rules and does not add or subtract to the current chiropractic scope of practice.

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Repealing 22 TAC §72.18 to simplify the Board’s rules relating to the use of criminal convictions in determining an applicant’s fitness to receive a license to practice chiropractic.

CHAPTER 72. BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS
22 TAC §72.18

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.18 (Criminal History) without changes to the proposed text as published in the September 10, 2021, issue of the Texas Register (46 Tex Reg 5719). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The Board will adopt a new §72.18 in a separate rulemaking. As part of the Board’s comprehensive rule revision effort, the purpose of the repeal is to make the Board’s rules relating to the use of criminal convictions in determining an applicant’s fitness to receive a license to practice chiropractic simpler and easier to navigate.

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New 22 TAC §72.18, removing language concerning a licensee’s or applicant’s requirement to report criminal convictions and deferred adjudications to the Board.

CHAPTER 72. BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS
22 TAC §72.18

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §72.18 (Criminal History) without changes to the proposed text as published in the September 10, 2021, issue of the Texas Register (46 Tex Reg 5720). The rule will not be republished. The current rule is being repealed in a separate rulemaking action.

BACKGROUND AND JUSTIFICATION

The only purpose of this rulemaking is to remove language in the current rule about a licensee’s or applicant’s requirement to report criminal convictions and deferred adjudications to the Board. That language will be placed in a stand-alone rule (proposed new 22 TAC §72.19), making that information easier to find. Other than this change, the provisions about a licensee’s or applicant’s criminal history remain the same.

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New 22 TAC §72.19, moving the language in the current 22 TAC §72.18 about reporting convictions and deferred adjudications into a stand-alone rule.

CHAPTER 72. BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS
22 TAC §72.19

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §72.19 (Requirement to Report a Conviction or Deferred Adjudication), without changes to the proposed text as published in the September 10, 2021, issue of the Texas Register (46 TexReg 5721). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

This rulemaking simply moves the language in the current 22 TAC §72.18 (Criminal History) about reporting convictions and deferred adjudications into a stand-alone rule, making it easier for licensees and applicants to find the information. Other than this change, the provisions about a licensee’s or applicant’s criminal history remain the same.

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Repealing 22 TAC §77.1 to adjust the language related to advertising and public communications.

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS
22 TAC §77.1

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §77.1 (Advertising and Public Communications), without changes to the proposed text as published in the September 10, 2021, issue of the Texas Register (46 TexReg 5721). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The Board will adopt a new §77.1 in a separate rulemaking. This rulemaking action will remove the current language in §77.1 concerning the use of “D.C.” and similar terms in advertising and public communications and put that language into a stand-alone rule.

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New 22 TAC §77.1, removing the language in the current 22 TAC §77.1 about the use of “D.C.” and similar terms, which will be placed into a stand-alone rule (new §77.3).

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS
22 TAC §77.1

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §77.1 (Advertising and Public Communications), without changes to the proposed text as published in the September 10, 2021, issue of the Texas Register (46 Tex Reg 5722). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

This rulemaking simply removes the language in the current 22 TAC §77.1 about the use of “D.C.” and similar terms, which will be placed into a stand-alone rule (new §77.3). The purpose of the change is make finding this information in the Board’s rules easier.

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New 22 TAC §77.3, implementing the language in the current 22 TAC §77.1 about the proper use of “D.C.” and similar terms.

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS
22 TAC §77.3

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §77.3 (Proper Use of “D.C.” or Similar Terms and Restrictions), without changes to the proposed text as published in the September 10, 2021, issue of the Texas Register (46 TexReg 5723). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

This rulemaking simply removes the language in the current 22 TAC §77.1 about the proper use of “D.C.” and similar terms, and places it in this new stand-alone rule. The purpose of moving this language into a stand-alone rule is to make finding this information in the Board’s rules easier.

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Cancer Prevention and Research Institute of Texas

Proposed Rules Re:

Amending 25 TAC §703.26 to update rules related to the reimbursement of clinical trial participation costs to grantees.

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH
25 TAC §703.26

OVERVIEW

The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amendments to 25 Texas Administrative Code §703.26 relating to reimbursement of clinical trial participation costs to grantees, a statutory reference to the Cancer Clinical Trial Participation Program, and non-substantive edits.

BACKGROUND AND JUSTIFICATION

Section 703.26(f) became effective in September 2021 and relates to the reimbursement of certain costs that are part of a grant recipient’s approved budget and incurred by a cancer clinical trial participant. The proposed amendment to §703.26(f)(1) adds parking as a reimbursable clinical trial participation cost. In §703.26(f)(3), the Institute proposes changing the statutory reference of the Cancer Clinical Trial Participation Program (“the Program”) to Texas Health and Safety Code Chapter 51. During the 87th regular session, the Legislature redesignated the Program from Chapter 50 to Chapter 51.

In addition, the Institute proposes a new structure to §703.26(e)(15) and a grammatical edit to §703.26(f)(2). Neither of these proposed amendments change the substance or requirements found in § 703.26.

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Department of Assistive and Rehabilitative Services

Proposed Rules Re:

Repealing 40 TAC §§101.501, 101.503, 101.505, 101.507, 101.509, 101.511, 101.513, 101.515 to relocate rules related to ECI to 1 TAC Chapter 351, where other HHSC advisory committee rules are located.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER C. COUNCILS, BOARD, AND COMMITTEES
DIVISION 3. EARLY CHILDHOOD INTERVENTION ADVISORY COMMITTEE
40 TAC §§101.501, 101.503, 101.505, 101.507, 101.509, 101.511, 101.513, 101.515

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§101.501, 101.503, 101.505, 101.507, 101.509, 101.511, 101.513, and 101.515 in Texas Administrative Code (TAC) Title 40, Part 2, Chapter 101, Subchapter C, Division 3, concerning Early Childhood Intervention Advisory Committee.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to move the ECI advisory committee requirements from 40 TAC Chapter 101 to 1 TAC Chapter 351, Subchapter B, Division 1 and format the advisory committee rule so it aligns with other HHSC advisory committee rules.

The proposed repeal of 40 TAC Chapter 101, Subchapter C, Division 3, will remove rules related to ECI from the chapter related to the Department of Assistive and Rehabilitative Services, which was abolished September 1, 2016, and relocate them to 1 TAC Chapter 351, where other HHSC advisory committee rules are located. The new rules are published elsewhere in this issue of the Texas Register.

SECTION-BY-SECTION SUMMARY

Sections 101.501, 101.503, 101.505, 101.507, 101.509, 101.511, 101.513, 101.515 are repealed and the content is relocated to 1 TAC Chapter 351.

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Texas Board of Occupational Therapy Examiners

Proposed Rules Re:

Amending 40 TAC §§367.1 – 367.3 to update requirements related to continuing education.

CHAPTER 367. CONTINUING EDUCATION
40 TAC §§367.1 – 367.3

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §367.1, concerning Continuing Education; §367.2, concerning Categories of Education; and §367.3, concerning Continuing Education Audit. The amendments are proposed to revise current continuing education requirements and add activities eligible for continuing education credit.

SECTION-BY-SECTION SUMMARY

• The amendments to §367.2, Categories of Education, revise current continuing education requirements and include cleanups and clarifications. The revisions include the substitution of the phrase “Creation of a new” with “Development of a” in an item concerning the development of a formal academic course or courses from an occupational therapy program. Such a change will allow licensees to count the development of a course or courses, which includes the creation of a new course or courses, for continuing education credit. The amendments add that the required documentation for certain categories of continuing education, such as the development of a formal academic course from an occupational therapy program or the development of publications, includes an attestation by the licensee of the dates and duration of the corresponding activities completed. This documentation will ensure that licensees attest to the activities they have completed for credit for such categories. The revisions also include the replacement of an item concerning the development of practice-related or instructional materials using alternative media by an item concerning the development of practice-related or instructional software.
• The amendments to §367.2 would add additional categories of continuing education and activities eligible for continuing education. For example, the amendments would add that licensees may count the development of a professional or community/service presentation for continuing education credit.
• The amendments include changes that would allow licensees to count an independent study for continuing education. Due to the change, the amendments also include the removal of the phrase “Reading journals” from a provision in §367.1, Continuing Education, concerning unacceptable activities not eligible for continuing education. Continuing education activities completed by the licensee for license renewal shall be acceptable if falling under one or more of the categories of continuing education activities included in §367.2, Categories of Education, and meeting further requirements of Chapter 367, Continuing Education. The phrase “Reading journals” has been removed as part of the proposal, however, to reduce possible confusion concerning the new independent study category and the activities that may be counted for such, which may include the reading of journals, provided such meets other requirements of that category.
• Amendments to §367.3, Continuing Education Audit, revise continuing education documentation to clarify and expand the items that may be included for such. A change to the section, with regard to items that may serve as continuing education documentation, includes striking “an official transcript” and replacing such with “transcripts.” Additional changes include the information that must be on continuing education documentation. The section currently includes that documentation must include the signature of the authorized signer. The amendments would add that if an area designated for the signature of the authorized signer is not included, the official seal, letterhead, or logo of the authorized signer may be included, instead.

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New 40 TAC §370.4, to add language to the rules related to license renewals.

CHAPTER 370. LICENSE RENEWAL
40 TAC §370.4

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes new rule 40 Texas Administrative Code §370.4, concerning Administrative Suspension and Refusal to Renew a License. The new rule is proposed to add to the Board rules language regarding the delegation of Board authority to certain staff to administratively suspend or refuse to renew a license pursuant to Texas Occupations Code §454.255.

BACKGROUND AND JUSTIFICATION

The Occupational Therapy Practice Act, Texas Occupations Code §454.255(a), Criminal History Record information for License Renewal, provides that “An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 454.217.” Section 454.255(b) further specifies that “The board may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).”

Proposed rule §370.4 will specify that the Executive Director, the Executive Director’s designee, or the Director of Enforcement may administratively suspend or refuse to renew the license of a person who does not comply with the requirements of the Occupational Therapy Practice Act §454.217 (relating to Criminal History Record Information for License Issuance) and §454.255 (relating to Criminal History Record Information Requirement for License Renewal).

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Texas State Board of Pharmacy

Adopted Rules Re:

Amending 22 TAC §283.12 to specify licensing requirements for Military Service Members, Military Veterans, and Military Spouses.

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.12

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §283.12, concerning Licenses for Military Service Members, Military Veterans, and Military Spouses. These amendments are adopted without changes to the proposed text as published in the September 24, 2021, issue of the Texas Register (46 Tex Reg 6330). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments specify that a copy of a permanent change of station order may be used as proof of a military spouse’s residency and add a new service branch to the definition of armed forces of the United States, in accordance with House Bill 139.

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Amending 22 TAC §291.34 to clarify that a pharmacist may provide an emergency refill of insulin or insulin-related equipment or supplies under certain conditions.

CHAPTER 291. PHARMACIES
SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.34

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.34, concerning Records. These amendments are adopted without changes to the proposed text as published in the September 24, 2021, issue of the Texas Register (46 Tex Reg 6332) and will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments clarify that a pharmacist may provide an emergency refill of insulin or insulin-related equipment or supplies under certain conditions, in accordance with House Bill 1935.

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Amending 22 TAC §297.10 to specify requirements for establishing proof of a military spouse’s residency and add a new service branch to the definition of armed forces of the United States.

CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES
22 TAC §297.10

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §297.10, concerning Registration for Military Service Members, Military Veterans, and Military Spouses. These amendments are adopted without changes to the proposed text as published in the September 24, 2021, issue of the Texas Register (46 TexReg 6358). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments specify that a copy of a permanent change of station order may be used as proof of a military spouse’s residency and add a new service branch to the definition of armed forces of the United States, in accordance with House Bill 139.