Texas Register February 21, 2020 Volume: 45 Number: 8

Texas Register Table of Contents

Texas Health and Human Services Commission

 

Proposed Rules

Amending §351.825 to extend the Texas Brain Injury Advisory Council for four years

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICESSUBCHAPTER B. ADVISORY COMMITTEESDIVISION 1. COMMITTEES1 TAC §351.825OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §351.825, concerning the Texas Brain Injury Advisory Council.BACKGROUND AND PURPOSEThe purpose of the proposed amendment is to extend the Texas Brain Injury Advisory Council (TBIAC) for four years until July 1, 2024. Additional amendments to the rule include editorial changes and aligning the rule language with all other HHSC advisory committee rules. Reporting requirements are being amended to align with statute and policy.SECTION-BY-SECTION SUMMARYThe proposed amendment to §351.825(a) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules. The amendment also specifies that the TBIAC is subject to §351.801 of this subchapter.The proposed amendment to §351.825(b)-(d) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules. Section 351.825(d) also amends the reporting requirements, so it aligns with advisory committee reporting requirements in statute and policy.The proposed amendment to §351.825(e) deletes the old subsection and replaces it with requirements for open meetings.The proposed amendment to §351.825(f) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules. This subsection also specifies membership requirements for persons who want to serve on the TBIAC.The proposed amendment to §351.825(g) corrects the TBIAC acronym and aligns the rule language with all other HHSC advisory committee rules. This subsection also changes the term of office end date for the chair and vice chair from July 1 to December 31.The proposed amendment to §351.825(h) adds the TBIAC member training requirements in rule.The proposed amendment to §351.825(i) allows the TBIAC to continue for four years until July 1, 2024.


Texas Department of Licensing and Regulation

Proposed Rules

Editorial amendment updating 16 TAC §111.13, concerning Speech-Language Pathologists and Audiologists Advisory Board officers, with gender neutral language

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER B. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD16 TAC §111.13OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter B, §111.13, concerning officers of the Speech-Language Pathologists and Audiologists Advisory Board. The proposed rules update the terminology in subsection (b) to use gender neutral language. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Editorial amendment updating references to “jurisprudence examination” in 16 TAC §111.20 and §111.23, concerning Speech-Language Pathologists and Audiologists’ examinations

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER C. EXAMINATIONS16 TAC §111.20, §111.23OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter C, §111.20 and §111.23, concerning Speech-Language Pathologists and Audiologists’ examinations. The proposed rules update the references to the “jurisprudence examination.”EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Adding criminal history background check requirements to §111.35 and §111.37, concerning Speech-Language Pathology licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER D. REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE16 TAC §111.35, §111.37OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter D, §111.35 and §111.37, concerning requirements for Speech-Language Pathology licensure. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.35 (Application and Eligibility Requirements): The proposed rules amend subsection (b) to update the reference to the jurisprudence examination. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language. Proposed amendment to §111.37 (License Terms; Renewals): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. The proposed rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. 


Texas Department of Licensing and Regulation

Proposed Rules

Adding criminal history background check requirements and implementing editorial updates to §111.52, §111.55, and §111.57, concerning Speech-Language Pathology assistants

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE16 TAC §§111.52, 111.55, 111.57OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter F, §111.52, §111.55, and §111.57, concerning requirements for Speech-Language Pathology assistants.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.52 (Practice and Duties of Assistants): The proposed rules amend the terminology in subsection (e) to use gender-neutral language.Proposed amendment to §111.55 (Application and Eligibility Requirements): The proposed rules amend subsection (b) to update the reference to the jurisprudence examination. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language. Proposed amendment to §111.57 (License Terms; Renewals): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. The proposed rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. 


Texas Department of Licensing and Regulation

Proposed Rules

Adding criminal history background check and doctoral degree requirements, and implementing editorial updates to §111.75 and §111.77, concerning Audiology licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER H. REQUIREMENTS FOR AUDIOLOGY LICENSE16 TAC §111.75, §111.77OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter H, §111.75 and §111.77, concerning requirements for Audiology licensure.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.75 (Application and Eligibility Requirements): The statute requires an applicant for an audiology license to hold a doctoral degree in audiology or a related hearing science. The proposed rules amend subsection (b)(4) to reflect the correct degree and area of study for an audiology license and to align with the current requirements under §111.70(c) (Licensing Requirements). The proposed rules also amend subsection (b) to update the reference to the jurisprudence examination. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language. Proposed amendment to §111.77 (License Terms; Renewals): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. The proposed rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. 


Texas Department of Licensing and Regulation

Proposed Rules

Adding criminal history background check requirements and implementing editorial updates to §111.81, §111.85 and §111.87, concerning Audiology interns

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER I. REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE16 TAC §§111.81, 111.85, 111.87OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter I, §111.81, §111.85, and §111.87, concerning requirements for Audiology interns.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.81 (Internship and Supervision Requirements): The proposed rules amend the terminology in subsection (e) to use gender-neutral language. Proposed amendment to §111.85 (Application and Eligibility Requirements): The proposed rules amend subsection (b) to update the reference to the jurisprudence examination. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language. Proposed amendment to §111.87 (License Terms; Renewals): The proposed rules amend subsection (a) to add a reference to new Texas Occupations Code §51.203(b) as the authority to have one-year licenses for interns. The proposed rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. The proposed rules also amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. 


Texas Department of Licensing and Regulation

Proposed Rules

Adding criminal history background check requirements and implementing editorial updates to §111.92, §111.95 and §111.97, concerning Audiology assistants

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER J. REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE16 TAC §§111.92, 111.95, 111.97OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter J, §111.92, §111.95, and §111.97, concerning requirements for Audiology assistants.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.92 (Practice and Duties of Assistants): The proposed rules amend the terminology in subsections (d) and (f) to use gender-neutral language. Proposed amendment to §111.95 (Application and Eligibility Requirements): The proposed rules amend subsection (b) to update the reference to the jurisprudence examination. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language. Proposed amendment to §111.97 (License Terms; Renewals): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. The proposed rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. 


Texas Department of Licensing and Regulation

Proposed Rules

Adding criminal history background check requirements and implementing editorial updates to §111.115 and §111.117, concerning dual licensure in Speech-Language Pathology and Audiology

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER L. REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY16 TAC §111.115, §111.117OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter L, §111.115 and §111.117, concerning requirements for dual licensure in Speech-Language Pathology and Audiology.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.115 (Application and Eligibility Requirements): The proposed rules amend subsection (b) to update the reference to the jurisprudence examination. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language. Proposed amendment to §111.117 (License Terms; Renewals): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. The proposed rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. 


Texas Department of Licensing and Regulation

Proposed Rules

Adding criminal history background check requirements and implementing editorial updates to §111.115 and §111.117, concerning dual licensure in Speech-Language Pathology and Audiology

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER L. REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY16 TAC §111.115, §111.117OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter L, §111.115 and §111.117, concerning requirements for dual licensure in Speech-Language Pathology and Audiology.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.115 (Application and Eligibility Requirements): The proposed rules amend subsection (b) to update the reference to the jurisprudence examination. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language. Proposed amendment to §111.117 (License Terms; Renewals): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. The proposed rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. 


Texas Department of Licensing and Regulation

Proposed Rules

Creating and implementing the Retired Voluntary Charity Care License for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER M. RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE16 TAC §§111.120 – 111.125OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter M, §§111.120 – 111.125, concerning Retired Voluntary Charity Care status for Speech-Language Pathology and Audiology licensure.  The proposed rules under new Subchapter M create and implement the retired voluntary charity care license and specify the requirements for applying for and holding this type of license. As required by the statute, the proposed rules define voluntary charity care and provide for reduced fees and continuing education requirements for a retired health care practitioner whose only practice is voluntary charity care. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed new §111.120 (Applicability of Subchapter): The proposed rules specify the license types under Chapter 401 that are eligible for retired voluntary charity care status. This subchapter does not apply to the intern licenses. The definition of “volunteer health care provider” under Civil Practice and Remedies Code §84.003, which was referenced in other sections of HB 2680, includes the active and retired versions of the four license types listed in §111.120. Section 84.003 does not include interns. Proposed new §111.121 (Definitions): The proposed rules define “voluntary charity care” and “compensation.”Proposed new §111.122 (Eligibility and Initial Application): The proposed rules establish the eligibility and application requirements for obtaining a retired voluntary charity care status license. Proposed new §111.123 (Practice and Disciplinary Actions): The proposed rules establish the practice restrictions for a person holding a retired voluntary charity care status license and specify that a person holding this license is subject to disciplinary action. Proposed new §111.124 (License Term; Renewal): The proposed rules establish a two-year license term for the retired voluntary charity care status license and specify the license renewal requirements, which include reduced continuing education hours. Proposed new §111.125 (Returning to Active Status): The proposed rules establish the requirements for a person who holds a retired voluntary charity care status license and who wants to return to active status. These requirements include completing any additional hours of continuing education to meet the active license renewal requirements and submitting the license renewal fee for the applicable active license. 

Texas Department of Licensing and Regulation

Proposed Rules

Amending hour requirements and implementing editorial updates to §§111.130 – 111.132, concerning continuing professional education programs for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER N. CONTINUING PROFESSIONAL EDUCATION16 TAC §§111.130 – 111.132OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter N, §§111.130 – 111.132, concerning continuing professional education programs for Speech-Language Pathologists and Audiologists.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.130 (Requirements and Hours): The proposed rules amend subsection (e) to specify the reduced continuing education hours for the retired voluntary charity care status licenses. The required hours are half of the continuing education hours required for active licenses. Proposed amendment to §111.131 (Courses and Credits): The proposed rules amend subsection (d) to update the reference to the jurisprudence examination.Proposed amendment to §111.132 (Records and Audits): The proposed rules update the terminology in subsection (a) to use gender-neutral language; change the references from “license holder” to “licensee” in subsection (d) for consistency purposes within the section; and make other clean-up changes to subsection (d). 


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §111.150, §111.151, §111.154 and §111.155, concerning responsibilities and code of ethics for Speech-Language Pathology and Audiology licensees

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER P. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS16 TAC §§111.150, 111.151, 111.154, 111.155OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter P, §111.150, §111.151, §111.154 and §111.155, concerning responsibilities and code of ethics for Speech-Language Pathology and Audiology licensees.  EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.150 (Changes of Name, Address, or Other Information): The proposed rules separate existing subsection (b) into two subsections. Subsection (b) addresses the requirements for submitting name changes. New subsection (c) addresses obtaining a duplicate license. Proposed amendment to §111.151 (Consumer Information and Display of License): The proposed rules update the consumer information notice and the license posting requirements. The proposed rules also make clean-up changes. Proposed amendment to §111.154 (Requirements, Duties, and Responsibilities of Supervisors and Persons Being Supervised): The proposed rules update subsection (a) regarding the licensee’s “internship year” counting toward the two years of experience necessary to supervise. This change clarifies that one year of the licensee’s internship shall count toward the supervision requirements. The proposed rules also update the terminology in subsection (h) to use gender-neutral language.Proposed amendment to §111.155 (Standards of Ethical Practice (Code of Ethics)): The proposed rules update the statutory cross-references in subsections (a) and (b); update the terminology in subsection (b) to use gender-neutral language; and remove outdated references to “registrant” in subsections (a) and (b). 


Texas Department of Licensing and Regulation

Proposed Rules

Amending §111.160 to specify reduced fees for Retired Voluntary Charity Care licenses

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER Q. FEES16 TAC §111.160OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter Q, §111.160, concerning Speech-Language Pathology and Audiology fees. The proposed rules add a new subsection (i) to specify the reduced fees for the retired voluntary charity care status license. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Combining previous Subsection R (Complaints) and Subsection S (Enforcement Provisions) into new Subsection R (Complaints and Enforcement Provisions) for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER R. COMPLAINTS AND ENFORCEMENT PROVISIONS16 TAC §§111.171 – 111.176OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter R, §§111.171 – 111.176, concerning Speech-Language Pathology and Audiology complaints and enforcement provisions. The proposed rules amend the title of Subchapter R to read “Complaints and Enforcement Provisions.” The proposed rules combine Subchapters R and S into one subchapter. The enforcement sections under Subchapter S are being relocated to Subchapter R. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §111.171 (Complaints): The proposed rules update the title of §111.171 to reflect the expanded scope of the section. The proposed rules add new subsection (b) as a notice to licensees and to the public regarding qualified persons, including licensees and advisory board members, assisting the Department in reviewing and investigating complaints and being immune from liability related to those activities. The proposed rules also add new subsection (c) as a notice to licensees and to the public regarding the confidentiality of complaint and disciplinary information. Proposed new §111.172 (Administrative Penalties and Sanctions): This new section was former §111.180. There are no proposed changes to the text.Proposed new §111.173 (Enforcement Authority): This new section was former §111.181. There are no proposed changes to the text. Proposed new §111.174 (Refunds): This new section was former §111.182. There are no proposed changes to the text.Proposed new §111.175 (Surrender of License): This new section was former §111.183. The proposed rules add a new subsection (d) to clarify that §111.175 (former §111.183) does not apply to licenses that are subject to the new §111.176, which implements HB 1899. Proposed new §111.176 (Automatic Denials and Revocations): This new section implements HB 1899, Section 8, and specifically new Texas Occupations Code §108.052 and §108.053. These provisions apply to all licenses under this chapter. 


Texas Department of Licensing and Regulation

Proposed Rules

Eliminating previous Subsection S (Enforcement Provisions) for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER S. ENFORCEMENT PROVISIONS16 TAC §§111.180 – 111.183OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter S, §§111.180 – 111.183, concerning Speech-Language Pathology and Audiology enforcement provisions. Subchapter S is being eliminated, and the complaints and enforcement provisions are being combined under Subchapter R. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.


Advisory Board of Athletic Trainers

Proposed Rules

Updating cross references in §111.192 to applicable rules concerning newborn hearing screening procedures

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER T. SCREENING PROCEDURES16 TAC §111.192OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter T, §111.192, concerning Speech-Language Pathology and Audiology newborn hearing screening procedures. The proposed rules update the cross-reference to the applicable rules. The cross-referenced rules require referral as soon as possible, but in no case more than 7 days after identification. The proposed rules remove the two-day referral requirement and the specific section citations. The proposed rules cite to the appropriate rule chapters and require licensees to comply with the requirements contained within. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §111.200 and §111.201, concerning the fitting and dispensing of hearing instruments

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER U. FITTING AND DISPENSING OF HEARING INSTRUMENTS16 TAC §111.200, §111.201OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter U, §111.200 and §111.201, concerning fitting and dispensing of hearing instruments. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed repeal of §111.200 (Registration of Audiologists and Interns in Audiology to Fit and Dispense Hearing Instruments): The proposed rules implement HB 2847, Article 10 by repealing the requirement for an audiologist or an intern in audiology, who fits and dispenses hearing instruments, to register with the Department the person’s intention to fit and dispense hearing instruments. Proposed amendment to §111.201 (General Practice Requirements of Audiologists and Interns in Audiology Who Fit and Dispense Hearing Instruments): The proposed rules implement HB 2847, Article 10 by removing language regarding the audiologist or the intern in audiology being “registered” to fit and dispense hearing instruments and by requiring inclusion of the Department’s website address in written contracts. The proposed rules also update the terminology in paragraph (2) to use gender-neutral language and make other clean-up changes in paragraph (2). 


Texas Department of Licensing and Regulation

Proposed Rules

Editorial amendment §111.212, concerning requirements for the use of Telehealth by Speech-Language Pathologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER V. TELEHEALTH16 TAC §111.212OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter V, §111.212, concerning requirements for the use of Telehealth by Speech-Language Pathologists. The proposed rules make clean-up changes to subsections (e) and (j). EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and other applicable statutes. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019) and from the 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Editorial amendment updating 16 TAC §112.13, concerning Hearing Instrument Fitters and Dispensers Advisory Board officers, with gender neutral language

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD16 TAC §112.13OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.13, concerning Hearing Instrument Fitters and Dispensers Advisory Board officers. The proposed rules update the terminology in subsection (b) to use gender neutral language.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §§112.21-112.22, concerning contents, administration, and qualifications of Hearing Instrument Fitters and Dispensers examinations

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER C. EXAMINATIONS16 TAC §112.21, §112.22OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter C, §112.21 and §112.22, concerning contents, administration, and qualifications of Hearing Instrument Fitters and Dispensers examinations. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed new §112.21 (Examination Contents and Test Administration): This new section was former §112.22 (Examination Tests and Contents). The order of §112.21 and §112.22 has been switched due to the terminology changes regarding “examination” and “test” in HB 2699. The title of the section has been changed to reflect the contents of the section. The proposed rules also update the references in subsections (a) and (b) (former §112.22(a) and (b)) from “examination” to “test” to implement HB 2699. In addition, the proposed rules amend subsection (b)(1) (former §112.22(b)(1)) to remove the reference to the specific entity administering the written test and replace it with a reference to the department’s designee. Proposed repeal of existing §112.21 (Examination Qualifications): The proposed rules repeal this section and relocate the provisions to new §112.22. Proposed new §112.22 (Examination Qualification Process): This new section was former §112.21 (Examination Qualifications). The order of §112.21 and §112.22 has been switched due to the terminology changes regarding “examination” and “test” in HB 2699. The title of the section has been changed to reflect the contents of the section. The proposed rules also update the references in subsections (a), (b), (c), and (d) (former §112.21(a), (b), (c), and (e)) from “examination” to “test” to implement HB 2699. The proposed rules under new §112.22 do not include former §112.21(d) regarding moral turpitude. The proposed rules also do not include former §112.21(f).Proposed repeal of existing §112.22 (Examination Tests and Contents): The proposed rules repeal this section and relocate the provisions to new §112.21. 


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §§112.23 – 112.26, concerning the administration and results of Hearing Instrument Fitters and Dispensers examinations

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER C. EXAMINATIONS16 TAC §§112.23 – 112.26OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter C, §§112.23 – 112.26, concerning Hearing Instrument Fitters and Dispensers examinations. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §112.23 (Examination and Test Results): The proposed rules change the references from “examination” to “test” as appropriate; remove the passing score of 70 percent or greater; and eliminate references to “scores” to implement HB 2699. The proposed rules separate subsection (b) into subsections (b) and (c) for clarity. The title of this section also has been updated. Proposed amendment to §112.24 (Failure of Examination or Test): The proposed rules amend §112.24 to implement HB 2699, Section 3, Texas Occupations Code §402.205(c) and (d). The proposed rules use subsections to address separate concepts. The proposed rules also update the title of this section. Proposed amendment to §112.25 (Practical Test Proctors): The proposed rules change the references from “examination” to “test” to implement HB 2699, Section 1, Texas Occupations Code §402.104(a) and (d). The proposed rules also update the title of the section. The proposed rules also make clean-up changes to subsection (b). Proposed amendment to §112.26 (Jurisprudence Test): The proposed rules change the references from “examination” to “test” to implement HB 2699. The proposed rules also update the title of this section. The proposed rules also make terminology and clean-up changes to this section. 


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §112.30, §112.32 and §112.33, concerning Hearing Instrument Fitter and Dispenser licensure

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER D. HEARING INSTRUMENT FITTER AND DISPENSER LICENSE16 TAC §§112.30, 112.32, 112.33OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter D, §112.30, §112.32, §112.33, concerning Hearing Instrument Fitters and Dispensers licensure. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §112.30 (Application and Eligibility Requirements): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also add new subsection (e) to clarify the requirements of submitting a surety bond or other financial security. The proposed rules also add new subsection (g) to implement HB 1899, Section 8. New Texas Occupations Code §108.052 requires denial of an application from a person who is convicted of or placed on deferred adjudication community supervision for certain crimes or who is required to register as a sex offender. Proposed amendment to §112.32 (License Term; Renewals): The proposed rules amend subsection (d) to insert the standardized criminal history background check language. The proposed rules also update the provision on whether updated fingerprints will be required at renewal. The proposed rules also replace “licensee” with “license holder” for consistency purposes. The proposed rules also add new subsection (e) to require submission of a surety bond or other financial security at the first license renewal on or after September 1, 2020. The proposed rules also add new subsection (f) to implement HB 2059 regarding the required human trafficking prevention training. The proposed rules also consolidate current subsections (e) and (f) into one subsection and re-letter it as subsection (g). The text of subsections (e) and (f) has been condensed and replaced with cross-references to the statutory provisions.Proposed amendment to §112.33 (Application by License Holder From Another State): The proposed rules change the reference in subsection (d) from “examination” to “test” to implement HB 2699. The proposed rules amend subsection (e) to insert the standardized criminal history background check language. The proposed rules also add subsection (g) to implement HB 1899, Section 8. New Texas Occupations Code §108.052 requires denial of an application from a person who is convicted of or placed on deferred adjudication community supervision for certain crimes or who is required to register as a sex offender. The proposed rules under §112.33 add new subsection (h) to clarify the requirements of submitting a surety bond or other financial security. The proposed rules under §112.33 also amend subsections (i) and (j) (former subsections (g) and (h)) to implement HB 2699, Section 5, Texas Occupations Code §§402.209(e) and (f). 


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §112.40 and §112.42, concerning Hearing Instrument Fitters and Dispensers apprentice permits

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER E. APPRENTICE PERMIT16 TAC §112.40, §112.42OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter E, §112.40 and §112.42, concerning Hearing Instrument Fitters and Dispensers apprentice permits. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §112.40 (Application and Eligibility Requirements): The proposed rules change the references in subsection (c) from “examination” to “test” to implement HB 2699. The proposed rules also amend subsection (d) to insert the standardized criminal history background check language.Proposed amendment to §112.42 (Permit Term; Extension): The proposed rules amend subsection (b) to specify the timing of when a person must submit the apprentice permit extension request. The proposed rules also add a new subsection (e) to explain the ramifications of not requesting an extension within the 90-day grace period. The proposed rules also amend subsection (c) to insert the standardized criminal history background check language.


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §112.52 and §112.53, concerning temporary training permits for Hearing Instrument Fitters and Dispensers

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER F. TEMPORARY TRAINING PERMIT16 TAC §112.52, §112.53OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter F, §112.52 and §112.53, concerning temporary training permits for Hearing Instrument Fitters and Dispensers. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §112.52 (Permit Term; Extension): The proposed rules amend subsection (b) to specify the timing of when a person must submit the temporary training permit extension request. The proposed rules also add a new subsection (e) to explain the ramifications of not requesting an extension within the 90-day grace period. Proposed amendment to §112.53 (Supervision and Temporary Training Requirements): The proposed rules update the terminology in subsection (c) to use gender neutral language. 


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §112.60 and §112.61, regarding the filing and recovery of financial securities for Hearing Instrument Fitters and Dispensers

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER G. FINANCIAL SECURITY REQUIREMENTS16 TAC §112.60, §112.61OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter G, §112.60 and §112.61, concerning financial security requirements for Hearing Instrument Fitters and Dispensers. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §112.60 (Filing Surety Bond or Other Form of Financial Security): The proposed rules clarify the requirements of submitting a surety bond or other financial security to the Department. The proposed rules add a new subsection (b) to clearly state in the rules that the financial security covers the actions, conduct, or liability of the business entity and the license holders it employs as required by statute. The proposed rules also add a new subsection (d) that identifies the three times when a business entity needs to file the financial security with the Department and includes cross-references to the applicable sections. The proposed rules amend re-lettered subsection (e) (former subsection (c)) to clarify that the referenced “license” is the employee’s license. The proposed rules also make clean-up changes to the financial security references in re-lettered subsections (e) and (f) (former subsections (c) and (d)) for consistency purposes in this section. Proposed amendment to §112.61 (Recovery on Surety Bond or Other Form of Financial Security): The proposed rules remove the statutory cross-reference and include the text from Texas Occupations Code §402.405 in order to clarify in the rules that the financial security covers the actions of the business entity and the license holders employed by the business entity.


Texas Department of Licensing and Regulation

Proposed Rules

Editorial amendment updating §112.71, concerning Hearing Instrument Fitters and Dispensers continuing education programs, with gender neutral language

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER H. CONTINUING EDUCATION REQUIREMENTS16 TAC §112.71OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter H, §112.71, concerning record and audit requirements for Hearing Instrument Fitters and Dispensers continuing education programs. The proposed rules update the terminology in subsections (a) and (c) to use gender neutral language.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §112.91 and §112.98, concerning responsibilities of Hearing Instrument Fitter and Dispenser licensees

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER J. RESPONSIBILITIES OF THE LICENSEE16 TAC §112.91, §112.98OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter J, §112.91 and §112.98, concerning responsibilities of Hearing Instrument Fitter and Dispenser licensees. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §112.91 (Change of Name, Address, or Other Information): The proposed rules change the reference under subsection (a) from “licensee,” which is defined to include license holders and permit holders, to “license holder or permit holder.” The proposed rules add a new requirement under subsection (b) for a license holder who changes employers to submit a copy of the surety bond or other form of financial security from the license holder’s new employer. In the alternative, the new employer may submit the financial security directly to the department. A new form will be developed to implement this requirement. Proposed amendment to §112.98 (Code of Ethics): The proposed rules update the terminology in subsections (c) and (d) to use gender neutral language. The proposed rules also make a clean-up change to subsection (d). 


Texas Department of Licensing and Regulation

Proposed Rules

Editorial amendment updating language in §112.110, concerning Hearing Instrument Fitter and Dispenser fees

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER L. FEES16 TAC §112.110OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter L, §112.110, concerning Hearing Instrument Fitter and Dispenser fees. The proposed rules change the references from “examination” to “test” in subsection (e) to implement HB 2699.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Combining previous Subsection M (Complaints) and Subsection N (Enforcement Provisions) into new Subsection M (Complaints and Enforcement Provisions) for Hearing Instrument Fitters and Dispensers

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER M. COMPLAINTS AND ENFORCEMENT PROVISIONS16 TAC §§112.120 – 112.125OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter M, §§112.120 – 112.125, concerning Hearing Instrument Fitters and Dispensers complaints and enforcement provisions. The proposed rules amend the title of Subchapter M to read “Complaints and Enforcement Provisions.” The proposed rules combine Subchapters M and N into one subchapter. The enforcement sections under Subchapter N are being relocated to Subchapter M.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §112.120 (Complaints): The proposed rules update the title of §112.120 to reflect the expanded scope of the section. The proposed rules add new subsection (b) as a notice to licensees and to the public regarding qualified persons, including licensees and advisory board members, assisting the department in reviewing and investigating complaints and being immune from liability related to those activities. The proposed rules also add new subsection (c) as a notice to licensees and to the public regarding the confidentiality of complaint and disciplinary information. Proposed new §112.121 (Administrative Penalties and Sanctions): This new section was former §112.130. There are no proposed changes to the text. Proposed new §112.122 (Enforcement Authority): This new section was former §112.131. There are no proposed changes to the text. Proposed new §112.123 (Refund for Hearing Instrument): This new section was former §112.132. There are no proposed changes to the text. Proposed new §112.124 (Surrender of a License or Permit): This new section was former §112.134. The proposed rules also update the terminology in subsection (a) and (b) (former §112.134(a) and (b)) to use gender neutral language. The proposed rules also add a new subsection (d) to clarify that §112.124 (former §112.134) does not apply to licenses and permits that are subject to the new §112.125, which implements HB 1899. Proposed new §112.125(Automatic Denials and Revocations): The proposed rules add a new §112.125 to implement HB 1899, Section 8, and specifically new Texas Occupations Code §108.052 and §108.053. These provisions apply to licenses and permits. 


Texas Department of Licensing and Regulation

Proposed Rules

Eliminating previous Subsection N (Enforcement Provisions) for Hearing Instrument Fitters and Dispensers

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERSSUBCHAPTER N. ENFORCEMENT PROVISIONS16 TAC §§112.130 – 112.132, 112.134OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter N, §§112.130 – 112.132, 112.134, concerning Hearing Instrument Fitters and Dispensers enforcement provisions. Subchapter N is being eliminated, and the complaints and enforcement provisions are being combined under Subchapter M. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The proposed rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Updating §114.40 to include a human trafficking prevention requirement for Orthotists and Prosthetists license renewals

CHAPTER 114. ORTHOTISTS AND PROSTHETISTS16 TAC §114.40OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 114, §114.40, regarding the Orthotists and Prosthetists Program.The proposed rule amends §114.40 (Renewal) by clarifying the rule section’s definition of “licensee” in subsection (a) to reflect the definition used throughout Chapter 114. Additionally, the proposed rule amends the section to include new subsection (c)(7), a requirement for human trafficking prevention training prior to license renewal as required by HB 2059 and Texas Occupations Code §116.003.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 114, implement Texas Occupations Code, Chapter 605.The proposed rule is necessary to implement the requirements of House Bill (HB) 2059 of the 86th Texas Legislature, Regular Session (2019), and Texas Occupations Code Chapter 116, requiring human trafficking prevention training for health care practitioners prior to the renewal of a license. The proposed rule also amends the rule section’s definition of “licensee” to reflect the definition used throughout Chapter 114 for purposes of clarity and consistency.


Texas Department of Licensing and Regulation

Proposed Rules

Updating licensure requirements for Midwives under §115.14 and §115.70

CHAPTER 115. MIDWIVES16 TAC §115.14, §115.70OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 115, §115.14 and §115.70, regarding the Midwives Program.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 115, implement Texas Occupations Code, Chapter 203, Midwives. The proposed rules are necessary to implement House Bill (HB) 2059 and Senate Bill (SB) 1531, 86th Legislature, Regular Session (2019). HB 2059 amends the Occupations Code by adding new Chapter 116, Training Course on Human Trafficking Prevention, which requires certain health care practitioners, including midwives, to successfully complete a training course approved by the Executive Commissioner of the Health and Human Services Commission (HHSC) on identifying and assisting victims of human trafficking as a condition for renewal of a license on or after September 1, 2020. The proposed rules add proof of completion of such a training course to the list of items required for renewal of a midwife license on or after September 1, 2020.SB 1531 amends Occupations Code, Chapter 203, by removing conviction of a misdemeanor of moral turpitude or a felony from the list of items that authorize the Texas Commission of Licensing and Regulation (Commission) or the executive director of the Department to discipline a midwife or deny an application for a midwife license or its renewal. The proposed rules remove the corresponding language from the rule text to maintain consistency with the statutory language.SECTION-BY-SECTION SUMMARYProposed amendment to §115.14 (License Renewal): Adding new subsection (b) to include proof of completion of the human trafficking prevention training required by Occupations Code, Chapter 116, in the list of items that must be submitted to the Department for renewal of a midwife license on or after September 1, 2020.Proposed amendment to §115.70 (Standards of Conduct): Removing “conviction of a felony or a misdemeanor involving moral turpitude” from subparagraph (1)(C) and re-labeling the remaining subparagraphs appropriately.


Texas Department of Licensing and Regulation

Proposed Rules

Amending the “Accreditation Council for Education in Nutrition and Dietetics” and “Continuing Professional Experience” definitions under §116.2, governing Dietitians

Proposed Rules

Combining previous Subchapter C (Education Requirements) and Subchapter D (Experience Requirements) into new Subchapter C (Education and Experience Requirements) for Dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER C. EDUCATION AND EXPERIENCE REQUIREMENTS16 TAC §116.20, §116.22OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter C, §116.20 and §116.22, concerning education and experience requirements for Dietitians. The proposed rules amend the title of Subchapter C to read “Education and Experience Requirements.” The proposed rules combine Subchapters C and D into one subchapter. The experience requirements under Subchapter D are being relocated to Subchapter C.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYThe proposed rules amend the title of §116.20 to “Education Requirements” “Degrees and Course Work.” With the addition of the experience requirements to this subchapter, the proposed rules clarify that §116.20 contains the education requirements.The proposed rules amend subsections §116.20(c)-(d), regarding “an equivalent major course of study approved by the Department” as prescribed under Texas Occupations Code §701.254(1)(B). The Department has determined that a major course of study that is acceptable to the Commission on Dietetic Registration (CDR) to qualify to take the CDR examination is “an equivalent major course of study approved by the Department” and is acceptable to the Department for licensure. The proposed rules amend subsection (c) to clearly state the statutory requirements under §701.254(1) and amend subsection (d) to remove the option that details specific course work and semester hours. The proposed rules eliminate the need for the applicant to send the applicant’s transcripts to the Department. The proposed rules add new subsection (e) that requires the applicant to provide an active CDR registration number at the time of license application to show proof of meeting the education requirements under this section. The proposed rules delete former subsections (e), (f), and (g), since these provisions are no longer necessary.  Proposed new §116.22 (Internships and Professional Experience Programs): This new section was former §116.30. It has been relocated from Subchapter D (Experience Requirements). 


Texas Department of Licensing and Regulation

Proposed Rules

Eliminating previous Subchapter D (Experience Requirements) for Dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER D. EXPERIENCE REQUIREMENTS16 TAC §116.30OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter D, concerning experience requirements for Dietitians. Subchapter D is being eliminated, and the education and experience requirements are being combined under Subchapter C.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Eliminating the transcript submission requirement as a condition of Dietitian licensure

CHAPTER 116. DIETITIANSSUBCHAPTER C. EDUCATION REQUIREMENTS16 TAC §116.21OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes the repeal of the existing rule at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter C, §116.21, concerning the transcript submission requirement for Dietitian licensure. Proposed repeal of §116.21 (Transcripts): The proposed rules streamline the license application process by eliminating the submission of transcripts to the Department. The applicant only needs to provide the active CDR registration number to the Department.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Amending §116.40 and §116.42 to align Dietitian license examination procedures with the CDR examination

CHAPTER 116. DIETITIANSSUBCHAPTER E. EXAMINATION REQUIREMENTS16 TAC §116.40, §116.42OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter E, §116.40 and §116.42, regarding examination requirements for Dietitians. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §116.40 (General): The proposed rules remove subsection (c), which is unnecessary in the rules since the Department-required examination is the CDR examination. Proposed amendment to §116.42 (License Examination Process): The proposed rules require the applicant to submit the CDR registration number as proof of passing the examination. No other documentation must be provided to the Department. 


Texas Department of Licensing and Regulation

Proposed Rules

Amending conditions of application and renewal for Dietitian licensure under §116.50, §116.51, and §116.53

CHAPTER 116. DIETITIANSSUBCHAPTER F. LICENSED DIETITIANS16 TAC §§116.50, 116.51, 116.53OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter F, §116.50, §116.51, and §116.53, regarding Dietitian licensure. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §116.50 (Application and Eligibility Requirements): Under subsection (b), the applicant no longer has to submit transcripts or a copy of the active CDR registration card. The applicant only needs to provide the active CDR registration number to the Department to show proof of meeting the education, experience, and examination requirements. Under subsection (c), clarifying language has been added regarding the criminal history background checks. In addition, the proposed rules delete subsection (e) to implement HB 2847, Article 12, which repealed §701.151(b)(4). Proposed amendment to §116.51 (Fitness of Applicants for Licensure): The proposed rules update the cross-reference in subsection (a) to implement HB 2847, Article 12. In addition, the proposed rules update the fitness requirements that are prescribed by statute. The proposed rules eliminate unnecessary requirements and include disciplinary actions taken by CDR. The proposed rules also make clean-up changes.Proposed amendment t §116.53 (License Term; Renewals): The proposed rules under subsection (c) remove the requirement to submit proof of completing the jurisprudence exam for a license renewal. The proposed rules also relocate the criminal history and fitness provisions from subsection (c) to mirror the initial application structure. The proposed rules under subsection (d) add clarifying language regarding the criminal history background checks. New subsection (f) is added to implement HB 2059 regarding the required human trafficking prevention training. Current subsection (e) has been eliminated to implement HB 2847, Article 12, by removing the reference to §701.151. While §701.151(b)(4) was repealed by HB 2847, §701.401 still exists. Section 701.401 includes a mandatory refusal to renew provision. Finally, the proposed rules under §116.53 consolidate current subsections (d), (e), and (f) into one subsection that is re-lettered as subsection (g). 


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §§116.80 – 116.82, regarding continuing education programs for Dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER I. CONTINUING EDUCATION16 TAC §§116.80 – 116.82OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter I, §§116.80 – 116.82, regarding continuing education program requirements for Dietitians. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §116.80 (General Requirements and Hours): The proposed rules remove an unnecessary provision under subsection (a). Provisional licenses no longer exist, so it is no longer necessary to specify the applicability of this section. The proposed rules remove subsection (c) since §116.81(c) and §116.83(b) address continuing education hours completed before and after the license term. Proposed amendment to §116.81 (Approved Courses and Credits): The proposed rules under subsection (c) make clean-up changes. The proposed rules under subsection (d) allow the jurisprudence exam to be taken as part of continuing education hours, but the jurisprudence exam is no longer required for renewal. The proposed rules under subsection (d) grant one hour of continuing education credit for taking the jurisprudence exam. The proposed rules under subsection (e) eliminate the requirement to take the jurisprudence exam at renewal. Proposed amendment to §116.82 (Records and Audits): The proposed rules update the terminology in subsection (a) to use gender neutral language. The proposed rules update the references in subsections (a) and (b) from “license holder” to “licensee” for consistency purposes throughout this section and the chapter. 


Texas Department of Licensing and Regulation

Proposed Rules

Repealing §116.90, concerning responsibilities of the Department with respect to the Registry for Dietitian licensure

CHAPTER 116. DIETITIANSSUBCHAPTER J. RESPONSIBILITIES OF THE COMMISSION AND THE DEPARTMENT16 TAC §116.90OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter J, §116.90, concerning responsibilities of the Commission and the Department with respect to the Registry for Dietitian licensure.Proposed repeal of §116.90 (Registry):The proposed rules repeal the registry rule due to changes in the licensee information that is posted on the Department website. The proposed rules eliminate provisions referencing specific information that will be included in the registry or posted on the Department website. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to §116.100, §116.101, §116.104, and §116.105, concerning responsibilities and code of ethics for Dietitian licensees

CHAPTER 116. DIETITIANSSUBCHAPTER K. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS16 TAC §§116.100, 116.101, 116.104, 116.105OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter K, §116.100, §116.101, §116.104, and §116.105, concerning responsibilities and code of ethics for Dietitian licensees.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §116.100 (Display of License): The proposed rules remove an unnecessary provision under subsection (a). Provisional licenses no longer exist, so it is no longer necessary to specify the applicability of this section. Proposed amendment to §116.101 (Changes of Name or Address): The proposed rules remove an unnecessary provision under subsection (a). Provisional licenses no longer exist, so it is no longer necessary to specify the applicability of this section. Re-lettered subsection (b) has been separated into two subsections, addresses name changes, and updates the language regarding the submission of changes. New subsection (c) addresses obtaining a duplicate license.Proposed amendment to §116.104 (Unlawful, False, Misleading, or Deceptive Advertising): The proposed rules update the terminology under subsection (a) to use gender neutral language. In addition, the proposed rules remove the blanket prohibition on testimonials under subsection (b) in accordance with Texas Attorney General Opinion JC-0458.Proposed amendment to §116.105 (Code of Ethics): The proposed rules update the terminology in subsections (a) and (b) to use gender neutral language and to use “person first respectful terminology.” The proposed rules also update the cross-references to other statutes in subsections (a) and (e). 


Texas Department of Licensing and Regulation

Proposed Rules

Combining previous Subchapter M (Complaints) and Subchapter N (Enforcement Provisions) into new Subchapter M (Complaints and Enforcement Provisions) for Dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER M. COMPLAINTS AND ENFORCEMENT PROVISIONS16 TAC §§116.120 – 116.123OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes the amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter M, §§116.120 – 116.123, Dietitian complaints and enforcement provisions.The proposed rules amend the title of Subchapter M to read “Complaints and Enforcement Provisions.” The proposed rules combine Subchapters M and N into one subchapter. The enforcement sections under Subchapter N are being relocated to Subchapter M.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYThe proposed rules amend the title of §116.120 to read “Complaints.” This change reflects the expanded scope of the section. The proposed rules under §116.120 also add new subsection (b) as a notice to licensed dietitians and to the public regarding qualified persons, including licensees and advisory board members, assisting the Department in reviewing and investigating complaints and being immune from liability related to those activities. The proposed rules also add new subsection (c) as a notice to licensed dietitians and to the public regarding the confidentiality of complaint and disciplinary information. Proposed new §116.121 (Administrative Penalties and Sanctions): This new section was former §116.130. There are no proposed changes to the text. Proposed new §116.122 (Enforcement Authority): This new section was former §116.131. There are no proposed changes to the text. Proposed new §116.123 (License Surrender): This new section was former §116.132. There are no proposed changes to the text.


Texas Department of Licensing and Regulation

Proposed Rules

Eliminating previous Subchapter N (Enforcement Provisions) for Dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER N. ENFORCEMENT PROVISIONS16 TAC §§116.130 – 116.132OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter N, §§116.130 – 116.132, concerning Dietitian enforcement provisions.Subchapter N is being eliminated, and the complaints and enforcement provisions are being combined under Subchapter M.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.


Texas Department of Licensing and Regulation

Proposed Rules

Editorial amendment updating §116.141 and §116.142, concerning the Dietetic profession, with gender neutral language

CHAPTER 116. DIETITIANSSUBCHAPTER O. THE DIETETIC PROFESSION16 TAC §116.141, §116.142OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendment to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter O, §116.141 and §116.142, concerning providers of nutrition services and licensed Dietitians providing Diabetes self-management training. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 116, implement Texas Occupations Code, Chapter 701, Dietitians. The proposed rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes.SECTION-BY-SECTION SUMMARYProposed amendment to §116.141 (Provider of Nutrition Services): The proposed rules update the terminology in subsections (b) and (c) to use gender neutral language.Proposed amendment to §116.142 (Licensed Dietitians Providing Diabetes Self-Management Training): The proposed rules update the terminology in subsection (c) to use gender neutral language. 


Texas Department of Licensing and Regulation

Proposed Rules

Amending §120.26 to include human trafficking prevention requirements as a condition for Dyslexia Therapist and Dyslexia Practitioner license renewal

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS16 TAC §120.26OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to the existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.26, regarding the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners Program. Proposed amendment to §120.26 (Renewal): Changing subsection (b) to include the requirement for proof of completion of the human trafficking prevention training to be submitted to the Department for renewal of a license on or after September 1, 2020. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC, Chapter 120, implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists. The proposed rule is necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 amends the Occupations Code by adding new Chapter 116, Training Course on Human Trafficking Prevention, which requires certain health care practitioners, including licensed dyslexia therapists and licensed dyslexia practitioners, to successfully complete a training course approved by the executive commissioner of the Health and Human Services Commission (HHSC) on identifying and assisting victims of human trafficking as a condition for renewal of a license on or after September 1, 2020. The proposed rule adds proof of completion of such training to the list of items required for renewal of a licensed dyslexia therapist license and a licensed dyslexia practitioner license on or after September 1, 2020.


Texas Department of Licensing and Regulation

Proposed Rules

Updating requirements and implementing editorial changes to 16 TAC §121, regarding Behavior Analyst licensure

CHAPTER 121. BEHAVIOR ANALYST16 TAC §§121.10, 121.21, 121.22, 121.26, 121.70, 121.75, 121.95OVERVIEW The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §§121.10, 121.21, 121.22, 121.26, 121.70, 121.75, and 121.95, regarding the Behavior Analysts program. EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts.The proposed rules implement §7.003 of House Bill (HB) 2847, Article 7, 86th Legislature, Regular Session (2019), which amends Texas Occupations Code Chapter 51, adding new subsection 51.252(e) regarding contracting with and providing immunity for individuals assisting in complaint investigations. The proposed rules also implement §1 of HB 2059, 86th Legislature, Regular Session (2019), which adds Chapter 116 to the Texas Occupations Code, imposing a requirement for a training course on human trafficking prevention as a condition for certain license renewals on or after September 1, 2020. The proposed rules are also necessary to implement recommendations from the Behavior Analyst Advisory Board (Advisory Board) to significantly reorganize, expand, and provide specifics for the responsibilities and ethics code of license holders, including expanding the definitions section.The Board and staff also included specific requirements for acceptable abbreviation of license holders’ titles under the Act, new and updated references to statutes and rules, editorial corrections, and rewording. The proposed rules are the first amendments of the rules following the creation of the Behavior Analyst licensing program at the Department in the 85th Legislative Session in 2017.SECTION-BY-SECTION SUMMARYThe proposed rules amend §121.10 by adding definitions for “authorized representative,” “multiple relationship,” “service agreement,” and “treatment plan,” and expand the definition of “client.” The proposed rules amend §121.21 by providing for acceptable abbreviations of the licensed behavior analyst title.The proposed rules amend §121.22 by providing for acceptable abbreviations of the licensed assistant behavior analyst title.The proposed rules amend §121.26 by adding the new requirement for human trafficking prevention training as a condition for license renewals on or after September 1, 2020. The proposed rules amend §121.70 by reorganizing, expanding, clarifying, and adding specificity to the responsibilities of license holders. The proposed rules amend §121.75 by reorganizing, expanding, clarifying, and adding specificity for minimum standards of ethical practice for behavior analysis. The proposed rules amend §121.95 by implementing Texas Occupations Code §51.252, which provides immunity for assisting in the review and investigation of complaints. The proposed rules also remove a requirement for display of the license because the requirement has been moved to §121.70. 


Texas Health and Human Services Commission

Adopted Rules

Amending §355.8610 to allow HHSC to reimburse for clinical laboratory services at a percentage of the Medicare fee schedule

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 32. CLINICAL LABORATORY SERVICES1 TAC §355.8610OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts amended §355.8610, concerning Reimbursement for Clinical Laboratory Services. The amendment to §355.8610 is adopted without changes to the proposed text as published in the November 1, 2019, issue of the Texas Register (44 TexReg 6471). This rule will not be republished.BACKGROUND AND JUSTIFICATIONHHSC adopts the amendment to the rule governing Clinical Laboratory Services reimbursement. The amendment updates the rule to allow HHSC to establish fees based on a percentage of the Medicare fee schedule and removes the limitation that would not allow payments to exceed the Medicare fee schedule. Currently, HHSC Medicaid fees for clinical laboratory services provided by the Department of State Health Services (DSHS) Laboratory are set at 100 percent of the Medicare fee. The Medicare fee schedule may adjust fees more frequently or in a manner that could negatively impact the DSHS Laboratory. Of particular concern is the series of tests that comprise the newborn screening, which are provided solely by the DSHS laboratory for all Texas newborns.This amendment allows HHSC to reimburse for clinical laboratory services at a percentage of the Medicare fee schedule, which still permits flexibility for HHSC to maintain existing funding for the DSHS Laboratory and its ability to continue to provide newborn screenings for Medicaid newborns.


Texas Department of State Health Services

Transferred Rule

Former DSHS rules regarding mental health community services standards have been transferred to HHSC

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES SUBCHAPTER G. MENTAL HEALTH COMMUNITY SERVICES STANDARDSOVERVIEWThe DSHS rules in 25 TAC, Chapter 412 (Local Mental Health Authority Responsibilities), Subchapter G (Mental Health Community Services Standards), relating to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 301 (IDD-BH Contractor Administrative Functions), Subchapter G (Mental Health Community Services Standards).The rules will be transferred in the Texas Administrative Code effective March 15, 2020.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. SECTION-BY-SECTION SUMMARYThe following sections under 25 TAC, Chapter 412, Subchapter G, are being transferred to 26 TAC, Chapter 301, Subchapter G:§412.301. Purpose and Application. §412.303. Definitions. §412.304. Responsibility for Compliance. §412.311. Leadership. §412.312. Environment of Care and Safety. §412.313. Rights and Protection. §412.314. Access to Mental Health Community Services.§412.315. Medical Records System. §412.316. Competency and Credentialing. §412.317. Quality Management. §412.318. Utilization Management. §412.321. Crisis Services. §412.322. Provider Responsibilities for Treatment Planning and Service Authorization.§412.323. Medication Services. §412.324. Additional Standards of Care Specific to Mental Health Community Services for Children and Adolescents.§412.325. Telemedicine Services. §412.326. Documentation of Service Provision.§412.327 Supervision.


Texas Department of State Health Services

Transferred Rule

Former DSHS rules regarding provider network development have been transferred to HHSC

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES SUBCHAPTER P. PROVIDER NETWORK DEVELOPMENTOVERVIEWThe DSHS rules in 25 TAC, Chapter 412 (Local Mental Health Authority Responsibilities), Subchapter P (Provider Network Development), relating to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 301 (IDD-BH Contractor Administrative Functions), Subchapter F (Provider Network Development).The rules will be transferred in the Texas Administrative Code effective March 15, 2020.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. SECTION-BY-SECTION SUMMARYThe following sections under 25 TAC, Chapter 412, Subchapter P, are being transferred to 26 TAC, Chapter 301, Subchapter F:§412.751. Purpose.§412.752. Application. §412.753. Definitions. §412.754. Local Network Development. §412.755. Conditions Permitting LMHA Service Delivery.§412.756. Department Website. §412.757. Network Development Evaluation. §412.758. Content of the Plan. §412.759. Public Comment. §412.760. Plan Approval and Implementation.§412.761. Procurement. §412.762. Post Procurement Report. §412.763. Appeals. §412.764. Individual Selection of Providers. 


Texas Health and Human Services Commission

Transferred Rule

Former DSHS rules regarding mental health community services standards have been transferred to HHSC

CHAPTER 301. IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONSSUBCHAPTER G. MENTAL HEALTH COMMUNITY SERVICES STANDARDS OVERVIEWThe DSHS rules in 25 TAC, Chapter 412 (Local Mental Health Authority Responsibilities), Subchapter G (Mental Health Community Services Standards), relating to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 301 (IDD-BH Contractor Administrative Functions), Subchapter G (Mental Health Community Services Standards).The rules will be transferred in the Texas Administrative Code effective March 15, 2020. BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. SECTION-BY-SECTION SUMMARYThe following is a list of the newly transferred sections to 26 TAC, Chapter 301, Subchapter G:§301.301 Purpose and Application.§301.303 Definitions.§301.305 Responsibility for Compliance.§301.321 Leadership.§301.323 Environment of Care and Safety.§301.325 Rights and Protection.§301.327 Access to Mental Health Community Services.§301.329 Medical Records System.§301.331 Competency and Credentialing.§301.333 Quality Management.§301.335 Utilization Management.§301.351 Crisis Services.§301.353 Provider Responsibilities for Treatment Planning and Service Authorization.§301.355 Medication Services.§301.357 Additional Standards of Care Specific to Mental Health Community Services for Children and Adolescents.§301.359 Telemedicine Services.§301.361 Documentation of Service Provision.§301.363 Supervision.


Texas Health and Human Services Commission

Transferred Rule

Former DSHS rules regarding provider network development have been transferred to HHSC

CHAPTER 301. IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONSSUBCHAPTER F. PROVIDER NETWORK DEVELOPMENT OVERVIEWThe DSHS rules in 25 TAC, Chapter 412 (Local Mental Health Authority Responsibilities), Subchapter P (Provider Network Development), relating to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 301 (IDD-BH Contractor Administrative Functions), Subchapter F (Provider Network Development). The rules will be transferred in the Texas Administrative Code effective March 15, 2020.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. SECTION-BY-SECTION SUMMARYThe following is a list of the newly transferred sections to 26 TAC, Chapter 301, Subchapter F:§301.251 Purpose.§301.253 Application.§301.255 Definitions.§301.257 Local Network Development.§301.259 Conditions Permitting LMHA Service Delivery. §301.261. Department Website.§301.263. Network Development Evaluation.§301.265. Content of the Plan.§301.267. Public Comment.§301.269. Plan Approval and Implementation.§301.271. Procurement.§301.273. Post Procurement Report.§301.275. Appeals.§301.277. Individual Selection of Providers.


Texas Department of State Health Services

Transferred Rule

Former DSHS rules regarding mental health rehabilitative services have been transferred to HHSC

CHAPTER 416. MENTAL HEALTH COMMUNITY-BASED SERVICESSUBCHAPTER A. MENTAL HEALTH REHABILITATIVE SERVICES OVERVIEWThe DSHS rules in 25 TAC, Chapter 416 (Mental Health Community-Based Services), Subchapter A (Mental Health Rehabilitative Services), related to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 306 (Behavioral Health Delivery System), Subchapter F (Mental Health Rehabilitative Services).The rules will be transferred in the Texas Administrative Code effective March 15, 2020.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011.SECTION-BY-SECTION SUMMARYThe following sections under 25 TAC, Chapter 416, Subchapter A, are being transferred to 26 TAC, Chapter 306, Subchapter F:§416.1. Purpose. §416.2. Application. §416.3. Definitions. §416.4. General Requirements for Providers of MH Rehabilitative Services.§416.5. Eligibility. §416.6. Service Authorization and Recovery Plan.§416.7. Crisis Intervention Services. §416.8. Medication Training and Support Services.§416.9. Psychosocial Rehabilitative Services.§416.10. Skills Training and Development Services.§416.11. Day Programs for Acute Needs. §416.12. Documentation Requirements. §416.13. Staff Member Competency and Training.§416.14. Medicaid Reimbursement. §416.15. Medicaid Provider Participation Requirements.§416.16. Fair Hearings and Reviews. §416.17. Guidelines. 


Texas Health and Human Services Commission

Transferred Rule

Former DSHS rules regarding mental health rehabilitative services have been transferred to HHSC

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER F. MENTAL HEALTH REHABILITATIVE SERVICES OVERVIEWThe DSHS rules in 25 TAC, Chapter 416 (Mental Health Community-Based Services), Subchapter A (Mental Health Rehabilitative Services), related to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 306 (Behavioral Health Delivery System), Subchapter F (Mental Health Rehabilitative Services).The rules will be transferred in the Texas Administrative Code effective March 15, 2020.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011.SECTION-BY-SECTION SUMMARYThe following is a list of the newly transferred sections to 26 TAC, Chapter 306, Subchapter F:§306.301. Purpose.§306.303. Application.§306.305. Definitions.§306.307. General Requirements for Providers of MH Rehabilitative Services.§306.309. Eligibility.§306.311. Service Authorization and Recovery Plan.§306.313. Crisis Intervention Services.§306.315. Medication Training and Support Services.§306.317. Psychosocial Rehabilitative Services.§306.319. Skills Training and Development Services.§306.321. Day Programs for Acute Needs.§306.323. Documentation Requirements.§306.325. Staff Member Competency and Training.§306.327. Medicaid Reimbursement.§306.329. Medicaid Provider Participation Requirements.§306.331. Fair Hearings and Reviews.§306.333. Guidelines. 


Texas Health and Human Services Commission

Transferred Rule

Former DSHS rules regarding substance abuse prevention, intervention, and treatment have been transferred to HHSC

CHAPTER 321. SUBSTANCE USE SERVICES SUBCHAPTER A. PREVENTION, SUBCHAPTER B. INTERVENTION, SUBCHAPTER C. TREATMENT OVERVIEWThe DSHS rules in 25 TAC, Chapter 447 (Department-Funded Substance Abuse Programs) related to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 321 (Substance Use Services).The rules will be transferred in the Texas Administrative Code effective March 15, 2020.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. SECTION-BY-SECTION SUMMARYThe following is a list of the newly transferred sections to 26 TAC, Chapter 321:Subchapter A. Prevention§321.1. Purpose.§321.3. Application.§321.5. Definitions.§321.7. Program Description.Subchapter B. Intervention§321.51. Purpose.§321.53. Application.§321.55. Definitions.Subchapter C. Treatment§321.101. Purpose.§321.103. Application.§321.105. Definitions. 


Texas Department of State Health Services

Transferred Rule

Former DSHS rules regarding substance abuse prevention, intervention, and treatment have been transferred to HHSC

CHAPTER 447. DEPARTMENT-FUNDED SUBSTANCE ABUSE PROGRAMSSUBCHAPTER A. PREVENTION, SUBCHAPTER B. INTERVENTION, SUBCHAPTER C. TREATMENT OVERVIEWThe DSHS rules in 25 TAC, Chapter 447 (Department-Funded Substance Abuse Programs) related to client services, certain regulatory functions, and the operation of state hospitals, are being transferred to HHSC under 26 TAC, Chapter 321 (Substance Use Services).The rules will be transferred in the Texas Administrative Code effective March 15, 2020.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. SECTION-BY-SECTION SUMMARYThe following sections under 25 TAC, Chapter 447 are being transferred to 26 TAC, Chapter 321:Subchapter A. Prevention §447.101. Purpose. §447.102. Application.§447.103. Definitions. §447.104. Program Description. Subchapter B. Intervention §447.201. Purpose. §447.202. Application. §447.203. Definitions. Subchapter C. Treatment §447.301. Purpose. §447.302. Application. §447.303. Definitions. 


Employees Retirement System of Texas

Proposed Rules

ERST will review and consider whether to re-adopt, re-adopt with amendments, or repeal 35 TAC §85, regarding flexible benefits

OVERVIEWThe Employees Retirement System of Texas will review and consider whether to re-adopt, re-adopt with amendments, or repeal 34 Texas Administrative Code Chapter 85, Flexible Benefits, in accordance with Chapter 1551 of the Texas Insurance Code. This review is done pursuant to Texas Government Code §2001.039.The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act).PUBLIC COMMENTComments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Paula A. Jones, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, or you may email Ms. Jones at paula.jones@ers.texas.gov. The deadline for receiving comments is Monday, March 23, 2020, at 10:00 a.m. Any proposed changes to the sections of this chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption of any repeal, amendment, or re-adoption.


Office of the Attorney General

In Addition

OAG requests applications for funding to support sexual assault programs

Request for Applications (RFA) for the Sexual Assault Prevention and Crisis Services (SAPCS) – State Expansion Grant and SAPCS-Preventive Health and Health Services (PHHS) Block Grant ProgramsOVERVIEWThe Office of the Attorney General (OAG) is soliciting applications from sexual assault programs and state sexual assault coalitions that wish to utilize funds for projects to expand the existing services of sexual assault programs into unserved counties or that provide services to victims of sexual assault and conduct sexual violence prevention activities.AVAILABLE FUNDING SOURCESBoth State and Federal funds may be utilized. The source of federal funds includes the Federal Department of Health and Human Services, Preventive Health and Health Services Block Grant, Catalog of Federal Domestic Assistance (CFDA) Number 93.991. All funding is contingent upon the appropriation of funds by the United States Congress and the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.ADDITIONAL INFORMATIONInformation regarding eligibility requirements, deadlines, and filing requirements are available on page 1249 of the Texas Register. The OAG will post the Application Kit on the OAG’s website at https://www.texasattorneygeneral.gov/divisions/grants. 


Texas Department of Insurance

In Addition

Company Licensing: AXA Corporate Solutions Life Reinsurance Company and Time Insurance Company II have applied for official name changes

Company LicensingApplication for AXA Corporate Solutions Life Reinsurance Company, a foreign life, accident and/or health company, to change its name to Corporate Solutions Life Reinsurance Company. The home office is in Wilmington, Delaware.Application for Time Insurance Company II, a foreign life, accident and/or health company, to change its name to Time Insurance Company. The home office is in San Juan, Puerto Rico.Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Robert Rudnai, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.

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