Texas Register December 4, 2020 Volume: 45 Number: 49

Governor

 

Appointments

Governor reappoints four members to the One-Call Board of Texas

Appointments for November 18, 2020Appointed to the One-Call Board of Texas, for terms to expire August 31, 2023: Joseph W. “Joe” Costa of DeSoto, Texas (Mr. Costa is being reappointed).William O. “Bill” Geise of Austin, Texas (Mr. Geise is being reappointed).Christopher S. “Chris” Nowak of Cypress, Texas (Mr. Nowak is being reappointed).George Spencer of The Hills, Texas (Mr. Spencer is being reappointed).

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Texas Department of State Health Services

Emergency Rule

Renewing the emergency amendment to 25 TAC §448.603, allowing Chemical Dependency Treatment Facilities to conduct certain trainings virtually

CHAPTER 448. STANDARD OF CARESUBCHAPTER F. PERSONNEL PRACTICES AND DEVELOPMENT25 TAC §448.603OVERVIEWThe 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 14, 2020, issue of the Texas Register (45 TexReg 5567).HHSC is readopting this emergency 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, performed using a synchronous audiovisual interaction, 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, performed using a synchronous audiovisual interaction, to reduce the risk of COVID-19 transmission. There are no other changes to §448.603.BACKGROUND AND JUSTIFICATION 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. The Commission 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, Training.As authorized by Texas Government Code §2001.034, the Commission 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 Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §120.21 to update documentation requirements for a Dyslexia Therapist license

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS16 TAC §120.21OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.21, regarding the Dyslexia Therapy Program.The proposed rules amend §120.21, Dyslexia Therapist Licensing Requirements, by allowing a person who holds current certification as an academic language therapist issued by ALTA to apply for a dyslexia therapist license without being required to provide documentation that the person has earned a master’s degree from an accredited institution of higher education.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §120.22 to update documentation requirements for a Dyslexia Practitioner license

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS16 TAC §120.22OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.22, regarding the Dyslexia Therapy Program.The proposed rules amend §120.22, Dyslexia Practitioner Licensing Requirements, by allowing a person who holds current certification as an academic language practitioner issued by ALTA to apply for a dyslexia practitioner license without being required to provide documentation that the person has earned a bachelor’s degree from an accredited institution of higher education.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §120.25 to update continuing education requirements for licensed Dyslexia Therapists and Dyslexia Practitioners

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS16 TAC §120.25OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.25, regarding the Dyslexia Therapy Program.The proposed rules amend §120.25, Continuing Education, by clarifying that courses and programs provided by education service centers are included in the acceptable categories for continuing education credit; correcting erroneous cross-references; and allowing the human trafficking prevention training course required for license renewal to be accepted for up to one hour of continuing education credit.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §120.29 to allow Dyslexia Therapists and Practitioners to provide telehealth services without an initial in-person meeting

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS16 TAC §120.29OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 120, §120.29, regarding the Dyslexia Therapy Program.The proposed rules amend §120.90, Professional Standards and Basis for Disciplinary Action, by removing the prohibition against providing services solely by written, telephone, or electronic/video correspondence or communication; and renumbering the remaining provisions accordingly. This change will allow a license holder to provide telehealth services without the requirement for an initial in-person meeting with a client.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

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Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §121.10 to add definitions relevant to Behavior Analysts’ practice of telehealth

CHAPTER 121. BEHAVIOR ANALYST16 TAC §121.10OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to 16 Texas Administrative Code (TAC), Chapter 121, §121.10, regarding the Behavior Analysts Program.The proposed rules amend §121.10 by adding thirteen definitions relevant to the practice of telehealth, make minor edits in three existing definitions, and renumber the section accordingly.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020, to discuss and draft rule language.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §121.21 to require that Behavior Analysts be licensed in Texas to serve Texas clients

CHAPTER 121. BEHAVIOR ANALYST16 TAC §121.21OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to 16 Texas Administrative Code (TAC), Chapter 121, §121.21, regarding the Behavior Analysts Program.The proposed rules amend §121.21, Behavior Analyst Licensing Requirements, by adding a provision that clarifies that a behavior analyst must be licensed in Texas to serve clients in Texas unless exempt.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020, to discuss and draft rule language.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §121.22 to require that Assistant Behavior Analysts be licensed in Texas to serve Texas clients

CHAPTER 121. BEHAVIOR ANALYST16 TAC §121.22OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to 16 Texas Administrative Code (TAC), Chapter 121, §121.22, regarding the Behavior Analysts Program.The proposed rules amend §121.22, Assistant Behavior Analyst Licensing Requirements, by adding a provision that clarifies that an assistant behavior analyst must be licensed in Texas to serve clients in Texas unless exempt.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020, to discuss and draft rule language.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §121.70 to implement new administrative responsibilities for Behavior Analysts’ practice of telehealth

CHAPTER 121. BEHAVIOR ANALYST16 TAC §121.70OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to 16 Texas Administrative Code (TAC), Chapter 121, §121.70, regarding the Behavior Analysts Program.The proposed rules amend §121.70, Responsibilities of License Holders, by changing the section title to Administrative Practice Responsibilities of License Holders. Professional practice responsibilities are moved from this section to a newly created section, and a set of administrative practice responsibilities for telehealth service is added to §121.70, including minimum requirements for data transmission and technology, and specifying methods of practice and activities that may be conducted using telehealth. Minor editorial changes are also made in the section.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020, to discuss and draft rule language.

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Texas Department of Licensing and Regulation

Proposed Rules

Amending 16 TAC §121.75 to make editorial changes to the Behavior Analyst Code of Ethics

CHAPTER 121. BEHAVIOR ANALYST16 TAC §121.75OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes amendments to 16 Texas Administrative Code (TAC), Chapter 121, §121.70, regarding the Behavior Analysts Program.The proposed rules amend §121.75, Code of Ethics, to update cross references in accordance with renumbered provisions elsewhere in the chapter, and to make minor editorial changes.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020, to discuss and draft rule language.

Texas Department of Licensing and Regulation

Proposed Rules

New 16 TAC §121.71, updating Behavior Analysts’ professional responsibilities for practicing telehealth

CHAPTER 121. BEHAVIOR ANALYST16 TAC §121.71OVERVIEWThe Texas Department of Licensing and Regulation (Department) proposes a new rule at 16 Texas Administrative Code (TAC), Chapter 121, §121.71, regarding the Behavior Analysts Program. The proposed rules add new §121.71, Professional Services Practice Responsibilities of License Holders. Existing professional responsibilities are moved from §121.70 into the new section, and new requirements are added in the section for professional responsibilities for practicing telehealth. Requirements for disclosure and client consent are updated to include consent for treatment delivery using telehealth, and minimum standards for quality of services, including legal requirements, use of facilitators, supervision, complaints, and records are provided. Cross reference corrections and minor editorial changes are also made in the section.BACKGROUND AND JUSTIFICATION The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts, and Chapter 111, Telemedicine and Telehealth.The proposed rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth. The proposed rules also add relevant definitions, update cross references, and make minor editorial changes in the chapter. The proposed rules are necessary to provide uniform standards and guidelines for the way license holders may practice behavior analysis using telehealth services.The behavior analyst professional community is regulated by its national certifying entity but desired to create state telehealth standards for Texas. Telehealth as a method of providing behavior analysis services has long been practiced in the state and the rule amendments compile and organize minimum requirements in a framework that will promote consistency and uniform quality of care. The Standard of Care Workgroup of the Advisory Board met on July 20 and September 14 of 2020, to discuss and draft rule language.

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Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §75.9, establishing minimum procedures for closing a Chiropractic practice

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.9The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §75.9 (Closing a Practice). The purpose of the proposed rule is to provide a licensee with the minimum steps the licensee should take to avoid patient abandonment and to protect patient records when closing down a chiropractic practice.

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Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §78.10, establishing that treatment on animals is outside the scope of Chiropractic practice

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.10The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.10 (Prohibitions on Animal Chiropractic). Under Texas Occupations Code §201.1525, the Board is required, when necessary, to adopt rules to clarify what activities are outside the scope of chiropractic practice if the statutory limits in Chapter 201 prove insufficient. The Board has generally declined to propose rules to declare specific activities as outside the scope of practice because the statutory limits are sufficiently precise. However, the Board has found animal chiropractic to be an activity that does require clarification by rule under §201.1525.

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Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §80.4 to allow the proposal of an updated schedule of penalties in a separate rulemaking

CHAPTER 80. COMPLAINTS22 TAC §80.4The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §80.4 (Schedule of Penalties). The Board will propose a new §80.4 in a separate rulemaking. Because of the Board’s comprehensive rule revisions over the last two years, the cites to other rules contained in §80.4 are now out of date.

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Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §80.4, establishing an updated schedule of penalties

CHAPTER 80. COMPLAINTS22 TAC §80.4The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §80.4 (Schedule of Penalties); the current rule is being repealed in a separate rulemaking action. The purpose is to update the penalty schedule to show the current rule cites after the Board’s recently completed major revision of its rules. The new penalty schedule also organizes rule violations into functional areas for better readability. The text of the rule further clarifies the circumstances when the Board will not report certain administrative violations to national practitioner databases.

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Texas Board of Nursing

Proposed Rules

Amending 22 TAC §217.7 to establish new procedures for a name change within the Texas Nurse Portal

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.7OVERVIWThe Texas Board of Nursing (Board) proposes amendments to §217.7, relating to Change of Name and/or Address. Proposed amended §217.7(a) requires a nurse or applicant to notify the Board within ten days of a change of name by submitting a legal document reflecting the name change in the Texas Nurse Portal accessible through the Board’s website.Proposed amended §217.7(b) requires a nurse or applicant to notify the Board within ten days of a change of address by submitting the new address in the Texas Nurse Portal accessible through the Board’s website.BACKGROUND AND JUSTIFICATIONOn June 15, 2020, the Board launched the Texas Nurse Portal. The Texas Nurse Portal is a paperless, online system that allows individuals to apply for nurse licensure by examination, endorsement, or renewal. In an effort to continue moving the Board’s work flow to a paperless system, the proposed amendments require all name and address changes to be made online through the Texas Nurse Portal.

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Texas State Board of Examiners of Professional Counselors

Proposed Rules

Repealing current 22 TAC §681.92 and replacing with new §681.92 to update internship experience requirements

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §681.92OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of §681.92, relating to experience requirements (internship). The proposed repeal corresponds with the proposal of new §681.92, relating to experience requirements (internship).BACKGROUND AND JUSTIFICATION The proposed rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The proposed new rule pertains to the qualifications necessary to obtain a license and continuing education requirements for professional counselors; and incorporate changes necessary to implement H.B. 1501. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code.

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Texas State Board of Examiners of Professional Counselors

Proposed Rules

New 22 TAC §681.164, updating limitations on licensing persons with criminal convictions

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §681.164OVERVIEWThe Texas Behavioral Health Executive Council proposes new §681.164, relating to licensing persons with criminal convictions.BACKGROUND AND JUSTIFICATION The proposed rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The proposed rule pertains to licensing persons with criminal convictions as professional counselors; therefore, this rule is covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may propose this rule.

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Cancer Prevention and Research Institute of Texas

Proposed Rules

Amending 25 TAC §703.3 to require that applications specify minimum level of efforts for key personnel

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH25 TAC §703.3OVERVIEWThe Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes an amendment to 25 Texas Administrative Code §703.3(b)(4), requiring that a Request for Applications specify any minimum level of efforts for Principal Investigators, co-Principal Investigators, and other key personnel stated. BACKGROUND AND JUSTIFICATION The proposed amendment to §703.3(b)(4) clarifies that in the Request for Applications, the Institute may specify the minimum level of effort, if any, that a Principal Investigator, co-Principal Investigator, or other specified key personnel must maintain for the grant project. The proposed change to §703.26(e)(12) clarifies that professional association membership fees or dues for an individual employed by a grant recipient are not allowable for reimbursement. However, membership fees or dues paid by the grant recipient for the entity’s membership in business, technical, and professional organizations may be an allowable expense.

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Cancer Prevention and Research Institute of Texas

Proposed Rules

Amending 25 TAC §703.26 to update policies for reimbursement of a grant recipient’s professional association dues and fees

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH25 TAC §703.26OVERVIEWThe Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes an amendment to 25 Texas Administrative Code §703.26(e)(12), related to reimbursement of a grant recipient’s professional association dues and fees.BACKGROUND AND JUSTIFICATION The proposed amendment to §703.3(b)(4) clarifies that in the Request for Applications, the Institute may specify the minimum level of effort, if any, that a Principal Investigator, co-Principal Investigator, or other specified key personnel must maintain for the grant project. The proposed change to §703.26(e)(12) clarifies that professional association membership fees or dues for an individual employed by a grant recipient are not allowable for reimbursement. However, membership fees or dues paid by the grant recipient for the entity’s membership in business, technical, and professional organizations may be an allowable expense.

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Texas Department of Insurance

Proposed Rules

Amending 28 TAC §116.11 to update methods for submitting and receiving Subsequent Injury Fund (SIF) requests with the Division of Workers’ Compensation

CHAPTER 116. GENERAL PROVISIONS–SUBSEQUENT INJURY FUND28 TAC §116.11OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) proposes to amend 28 Texas Administrative Code §116.11, Request for Reimbursement from the Subsequent Injury Fund, to update its method for receiving Subsequent Injury Fund (SIF) requests from system participants.SUMMARY OF CHANGES The proposed amendments will require that all §116.11(a)(1) – (5) requests will be electronically submitted and on the appropriate SIF-request form. Subsections (c) and (f) will require electronic submission and use of DWC Form-095, Overturned Order or Designated Doctor Opinion. Subsection (d) will require electronic submission and use of DWC Form-096, Refund of Death Benefits. Subsection (e) will require electronic submission and use of DWC Form-097, Multiple Employment. Subsection (g) will require electronic submission and use of DWC Form-098, Pharmaceutical.BACKGROUND AND JUSTIFICATION Section 116.11 applies to an insurance carrier’s request to SIF for reimbursement pursuant to Texas Labor Code §403.006. Currently, §116.11 requires reimbursement requests be filed with the SIF administrator in writing, but the rule does not require an insurance carrier to use DWC forms when requesting reimbursement or specify the manner of delivery of the SIF request. DWC seeks to improve the security of protected private claim data contained in a SIF request. Submissions by mail lack the security and privacy protections required for protected health information. Use of electronic transmission and elimination on paper serves the interest of protecting private health data. Electronic submission is defined as transmission of information by facsimile, electronic mail, electronic data interchange, or any other similar method and does not include telephonic communication. SIF developed DWC forms for each type of SIF request. DWC has not required use of DWC forms for SIF requests. Requiring insurance carriers to use DWC forms to submit SIF requests should increase DWC’s efficiency in processing of the requests.To address these issues, DWC proposes amending 28 TAC §116.11, Request for Reimbursement from the Subsequent Injury Fund, to require insurance carriers to electronically submit requests for reimbursement using Forms DWC Form-095 through DWC Form-098 as it applies to their specific request. Requiring insurance carriers to electronically submit requests using the applicable DWC form should reduce the time and costs currently spent managing paper mail.

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Texas State Board of Examiners of Professional Counselors

Withdrawn Rule

Withdrawing proposed 22 TAC §681.164, which was part of the Board’s proposal of new Chapter 681, Subchapter C, outlining application and licensing requirements

CHAPTER 681. PROFESSIONAL COUNSELORSSUBCHAPTER C. APPLICATION AND LICENSING22 TAC §681.164The Texas State Board of Examiners of Professional Counselors withdraws the proposed new §681.164, which appeared in the July 17, 2020, issue of the Texas Register (45 TexReg 4892).

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Texas Health and Human Services Commission

Adopted Rules

Amending 1 TAC §§351.801, 351.815, 351.817, 351.827 & 351.833 to update administrative rules governing four advisory committees

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICESSUBCHAPTER B. ADVISORY COMMITTEESDIVISION 1. COMMITTEES1 TAC §§351.801, 351.815, 351.817, 351.827, 351.833OVERVIEWThe Executive Commissioner also adopts amendments to:§351.801, concerning Authority and General Provisions; §351.815, concerning the Policy Council for Children and Families; §351.817, concerning the Texas Council on Consumer Direction; §351.827, concerning the Palliative Care Interdisciplinary Advisory Council; and §351.833, concerning STAR Kids Managed Care Advisory Committee.The amendments are adopted without changes to the proposed text as published in the September 18, 2020, issue of the Texas Register (45 TexReg 6421). The rules will not be republished.BACKGROUND AND JUSTIFICATION The amendments and repeal are necessary to comply with Texas Government Code §531.012, which requires the Executive Commissioner of HHSC to adopt rules governing the purpose, tasks, reporting requirements, and date of abolition, among other things, of advisory committees the Executive Commissioner established under §531.012. Amendments to §351.827, concerning the Palliative Care Interdisciplinary Advisory Council, are necessary to align the rule with Texas Health and Safety Code Chapter 118, which establishes the Council.These amendments extend certain advisory committees that were set to be abolished; revise certain committees’ membership and tasks to incorporate duties related to persons on the autism spectrum; align the rules with statute and statutory interpretation; clarify terms; and repeal a rule for an advisory committee that no longer functions.

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Texas Health and Human Services Commission

Adopted Rules

Repealing 1 TAC §351.829, which governed the Promoting Independence Advisory Committee

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICESSUBCHAPTER B. ADVISORY COMMITTEESDIVISION 1. COMMITTEES1 TAC §351.829OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of §351.829, concerning the Promoting Independence Advisory Committee.The repeal is adopted without changes to the proposed text as published in the September 18, 2020, issue of the Texas Register (45 TexReg 6421). The rules will not be republished.BACKGROUND AND JUSTIFICATION The amendments and repeal are necessary to comply with Texas Government Code §531.012, which requires the Executive Commissioner of HHSC to adopt rules governing the purpose, tasks, reporting requirements, and date of abolition, among other things, of advisory committees the Executive Commissioner established under §531.012. 

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Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §78.5, regulating the delegation of radiologic procedures to unlicensed individuals

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.5OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §78.5 (Delegation of Radiologic Procedures) with nonsubstantive changes to the proposed text as published in the October 9, 2020, issue of the Texas Register (45 TexReg 7194). The rule will be republished.BACKGROUND AND JUSTIFICATION The rule is adopted under Texas Occupations Code §201.152, which authorizes the Board to adopt rules necessary to perform the Board’s duties and to regulate the practice of chiropractic, and Texas Occupations Code 601.252, which requires the Board to adopt rules to regulate how a chiropractor may delegate the performance of radiologic procedures to an unlicensed individual.

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Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §80.12, requiring record-keeping on investigative information about licensees

CHAPTER 80. COMPLAINTS22 TAC §80.12OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §80.12 (Retention of Investigative Records) without changes as published in the October 9, 2020, issue of the Texas Register (45 TexReg 7195). The rule will not be republished. The Board adopts this rule to comply with Texas Occupations Code §201.156.BACKGROUND AND JUSTIFICATION The rule is adopted under Texas Occupations Code §201.152, which authorizes the Board to adopt rules necessary to perform the Board’s duties and to regulate the practice of chiropractic, and with Texas Occupations Code §201.156, which requires the Board to adopt procedures by rule relating to retaining investigative information about licensees.

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