Texas Register February 05, 2021 Volume: 46 Number: 6

1. Texas Department of State Health Services

  • Adopted Rules re:
    • New 25 TAC §§40.11 – 40.18, establishing Epinephrine auto-injector policies for certain entities.
    • New 25 TAC §§40.21 – 40.28, establishing Epinephrine auto-injector policies for youth facilities.
  • Emergency Rule re:
    • Renewing 25 TAC §133.51, which requires hospitals to implement screening procedures and limit visitor access during the COVID-19 crisis.
    • Renewing the amendment to 25 TAC §135.2 and §135.26 to expand treatment capabilities and modify reporting requirements for Ambulatory Surgical Centers during the COVID-19 crisis.
    • Amending 25 TAC §448.603 to allow a Chemical Dependency Treatment Facility to conduct training using telecommunications.

2. Texas Health and Human Services Commission

  • Adopted Rules re:
    • Amending 1 TAC §370.602 to update external review procedures for the Children’s Health Insurance Program (CHIP).
    • New 26 TAC, Subchapter D, establishing provisions to govern Outpatient Competency Restoration programs.
  • Emergency Rule re:
    • Renewing 26 TAC §500.2, which allows hospitals to waive certain operational requirements for emergency off-site facilities during the COVID-19 crisis.
    • Renewing 26 TAC §500.20, which allows certain End Stage Renal Disease facilities to operate off-site facilities during the COVID-19 crisis.
    • Renewing 26 TAC §510.48, which requires private psychiatric hospitals and stabilization units to implement screening procedures in response to the COVID-19 crisis.
    • Renewing 26 TAC §550.213, which requires prescribed pediatric extended care centers to implement screening procedures in response to the COVID-19 crisis.
    • Renewing 26 TAC §558.960, which requires home and community support services agencies to offer alternative methods for providing non-essential services during the COVID-19 crisis.
  • In Addition re:
    • HHSC has published the Long-Term Care Plan for Persons with an Intellectual Disability or Related Condition for State Fiscal Years 2020-2021.
    • HHSC intends to submit an amended Texas Managed Care Quality Strategy.
  • Transferred Rule re:
    • HHSC will assume authority over early childhood intervention services.
    • HHSC will assume authority over deaf and hard of hearing services.

3. Texas Board of Physical Therapy Examiners

  • Adopted Rules re:
    • Amending 22 TAC §337.1 to require notice of the license verification system as part of the provision of telehealth services.
    • Amending 22 TAC §337.2 to require notice of complaint procedures as part of the provision of telehealth services.
    • Amending 22 TAC §341.3 to update requirements for license renewal.

4. Texas Department on Aging and Disability Services

  • Emergency Rule re:
    • Renewing 40 TAC §9.198 and §9.199, which established requirements related to visitation, personnel, and day habilitation for the Community-Based Services (HCS) program in response to COVID-19.
    • Renewing 40 TAC §9.597, which established COVID-19 protocols for the Texas Home Living (TXHML) and Community First Choice (CFC) programs.
    • Renewing 40 TAC §19.2803, which allows limited indoor and outdoor visitation at nursing facilities during the COVID-19 crisis.
    • Renewing 40 TAC §98.65, which requires day activity and health services facilities to implement screening procedures in response to the COVID-19 crisis.

5. Texas State Board of Examiners of Professional Counselors

  • Adopted Rules re:
    • Repealing 22 TAC §681.92 to allow for the adoption of updated experience requirements for interns.
    • New 22 TAC §681.92, establishing updated experience requirements for interns.
    • New 22 TAC §681.164, establishing updated requirements for licensing individuals with a criminal conviction.

6. Texas State Board of Examiners of Marriage and Family Therapists

  • Adopted Rules re:
    • New 22 TAC §801.204, establishing updated requirements for licensing military personnel.
    • New 22 TAC §801.206, establishing updated requirements for licensing individuals with a criminal conviction.
    • Amending 22 TAC §801.305 to update the schedule of sanctions.

7. Texas Behavioral Health Executive Council

  • Adopted Rules re:
    • Amending 22 TAC §881.21 to update requirements for petitions to amend a rule.
    • Amending 22 TAC §885.1 to update the fee schedule for Licensed Marriage and Family Therapist licensure.

8. Texas Department of Insurance

  • Adopted Rules re:
    • Division of Workers’ Compensation amends 28 TAC §112.101 to clarify the scope of compensation liability between general contractors and subcontractors.
    • Division of Workers’ Compensation amends 28 TAC §112.102 to clarify the scope of compensation liability between motor carriers and owner operators.
    • Division of Workers’ Compensation amends 28 TAC §112.203 to clarify the scope of compensation liability for certain building and construction workers.
    • Division of Workers’ Compensation amends 28 TAC §112.301 to clarify the scope of compensation liability for farm and ranch employees.
    • Division of Workers’ Compensation amends 28 TAC §112.401 to clarify the scope of compensation liability for certain professional athletes.
    • Division of Workers’ Compensation amends 28 TAC §116.11 to update procedures for Subsequent Injury Fund requests and disbursements.
  • Notices re:
    • Following official rule review, Division of Workers’ Compensation has readopted the rules located in 28 TAC, Chapters 129 – 137.

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