Texas Register Table of Contents
- 1 Texas State Board of Pharmacy
- 2 Texas State Board of Pharmacy
- 3 Texas State Board of Pharmacy
- 4 Texas State Board of Pharmacy
- 5 Texas State Board of Pharmacy
- 6 Texas State Board of Pharmacy
- 7 Texas State Board of Pharmacy
- 8 Texas State Board of Pharmacy
- 9 Texas State Board of Pharmacy
- 10 Texas State Board of Pharmacy
- 11 Texas State Board of Pharmacy
- 12 Texas State Board of Pharmacy
- 13 Texas State Board of Pharmacy
- 14 Texas Department of State Health Services
- 15 Texas Department of Insurance
- 16 Texas Department of Insurance
- 17 Texas State Board of Pharmacy
- 18 Texas Council for Developmental Disabilities
- 19 Texas Council for Developmental Disabilities
- 20 Texas Department of Insurance
- 21 Texas Department of Insurance
- 22
- 23
- 24
- 25
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- 27
- 28
- 29
- 30
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- 37
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- 46
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Texas State Board of Pharmacy
Adopted Rules
Removing failure to pay a student loan as a ground for discipline of a pharmacist license under §281.7
CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURESSUBCHAPTER A. GENERAL PROVISIONS22 TAC §281.7The Texas State Board of Pharmacy adopts amendments to §281.7, concerning Grounds for Discipline for a Pharmacist License. These amendments are adopted with minor punctuation changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 68). The rule will be republished.The amendments remove failing to repay a student loan as a ground for discipline of a pharmacist license, in accordance with SB 37.
Texas State Board of Pharmacy
Adopted Rules
Removing failure to pay a student loan as a ground for discipline of a pharmacy technician or or a pharmacy technician trainee under §281.9
CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURESSUBCHAPTER A. GENERAL PROVISIONS22 TAC §281.9The Texas State Board of Pharmacy adopts amendments to §281.9, concerning Grounds for Discipline for a Pharmacy Technician or a Pharmacy Technician Trainee. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 71). The rule will not be republished.The amendments remove failing to repay a student loan as a ground for discipline of a pharmacy technician or a pharmacy technician trainee registration, in accordance with SB 37.
Texas State Board of Pharmacy
Adopted Rules
Removing arrests as an item the board may consider in determining whether to reinstate an applicant’s pharmacy license under §281.66
CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURESSUBCHAPTER C. DISCIPLINARY GUIDELINES22 TAC §281.66The Texas State Board of Pharmacy adopts amendments to §281.66, concerning Application for Reissuance or Removal of Restrictions of a License or Registration. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 72). The rule will not be republished.The amendments remove arrests as an item the board may consider in determining the reinstatement of an applicant’s previously revoked or canceled license or registration, in accordance with SB 1217.
Texas State Board of Pharmacy
Adopted Rules
New §281.69, mandating automatic denial or revocation of pharmacist licensure for specified criminal offenses
CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURESSUBCHAPTER C. DISCIPLINARY GUIDELINES22 TAC §281.69The Texas State Board of Pharmacy adopts new rule §281.69, concerning Automatic Denial or Revocation. The new rule is adopted with changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 73). The rule will be republished.The new rule provides for the automatic denial of a pharmacist licensure application or revocation of a pharmacist license for certain criminal offenses, in accordance with HB 1899.
Texas State Board of Pharmacy
Adopted Rules
Requiring pharmacy license applicants to submit a sworn disclosure statement under §291.1
CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.1The Texas State Board of Pharmacy adopts amendments to §291.1, concerning Pharmacy License Application. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 75). The rule will not be republished.The amendments clarify that an applicant for a pharmacy license must submit a sworn disclosure statement, in accordance with HB 3496, and correct a grammatical error.
Texas State Board of Pharmacy
Adopted Rules
Clarifying that notification of a change of managing officer shall include an updated sworn disclosure statement under §291.3
CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.3The Texas State Board of Pharmacy adopts amendments to §291.3, concerning Required Notifications. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 76). The rule will not be republished.The amendments clarify that notification to the board of a change of managing officer shall include an updated sworn disclosure statement, in accordance with HB 3496, and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Requiring pharmacy license applicants to submit a sworn disclosure statement under §291.4
CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.4The Texas State Board of Pharmacy adopts new rule §291.4, concerning Sworn Disclosure Statement. The new rule is adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 79). The rule will not be republished.The new rule creates a requirement for a pharmacy license applicant to submit a sworn disclosure statement, in accordance with HB 3496.
Texas State Board of Pharmacy
Adopted Rules
Requiring a sworn disclosure statement as a condition of pharmacy license renewal under §291.14
CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.14The Texas State Board of Pharmacy adopts amendments to §291.14, concerning Pharmacy License Renewal. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 80). The rule will not be republished.The amendments add a requirement to submit a sworn disclosure statement, in accordance with HB 3496, and correct a grammatical error.
Texas State Board of Pharmacy
Adopted Rules
Removing an outdated reference to the Department of Public Safety in §291.34, regarding pharmacy records
CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.34The Texas State Board of Pharmacy adopts amendments to §291.34, concerning Records. These amendments are adopted with changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 81). The rule will be republished.The amendments remove an outdated reference to the Department of Public Safety and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Requiring inactive pharmacy license holders to complete one hour of a continuing education program on pain management, as opposed to a program on opioid abuse, under §295.9
CHAPTER 295. PHARMACISTS22 TAC §295.9The Texas State Board of Pharmacy adopts amendments to §295.9, concerning Inactive License. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 91). The rule will not be republished.The amendments add a requirement for one hour of continuing education on pain management as specified in section 481.0764 of the Texas Controlled Substances Act, and remove a requirement for one hour of continuing education on opioid abuse.
Texas State Board of Pharmacy
Adopted Rules
Amending §315.3 to require written notice on safe disposal for Schedule II controlled substance prescription drugs
CHAPTER 315. CONTROLLED SUBSTANCES22 TAC §315.3The Texas State Board of Pharmacy adopts amendments to §315.3, concerning Prescriptions – Effective September 1, 2016. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 95). The rule will not be republished.The amendments remove the effective date from the short title and add a requirement for a person dispensing a Schedule II controlled substance prescription to provide written notice on the safe disposal of controlled substance prescription drugs, in accordance with HB 2088.
Texas State Board of Pharmacy
Adopted Rules
Clarifying the circumstances in which a physician may delegate drug therapy management acts to a pharmacist under §295.13
CHAPTER 295. PHARMACISTS22 TAC §295.13The Texas State Board of Pharmacy adopts amendments to §295.13, concerning Drug Therapy Management by a Pharmacist under Written Protocol of a Physician. These amendments are adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 93). The rule will not be republished.The amendments specify the circumstances under which physician delegation to a pharmacist of specific acts of drug therapy management may occur, in accordance with SB 1056.
Texas State Board of Pharmacy
Adopted Rules
Establishing procedures for a patient to obtain a copy of his or her Prescription Monitoring Program prescription record under §315.16
CHAPTER 315. CONTROLLED SUBSTANCES22 TAC §315.16The Texas State Board of Pharmacy adopts new rule §315.16, concerning Patient Access to Prescription Monitoring Program Prescription Record. The new rule is adopted with changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 97). The rule will be republished.The new rule establishes the policy and procedures for a patient or the patient’s legal guardian to obtain a copy of the patient’s Prescription Monitoring Program prescription record, in accordance with HB 3284.
Texas Department of State Health Services
Adopted Rules
Repealing 25 TAC §442.101 – §442.104 to reflect the transition of certain investigation and hearing services from DSHS to HHSC
CHAPTER 442. INVESTIGATIONS AND HEARINGS25 TAC §§442.101 – 442.104OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of §442.101, concerning Definitions; §442.102, concerning Complaints and Investigations; §442.103, concerning Procedure for Contested Cases for Counselor and Facility Licenses; and §442.104, concerning Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs.The repeals are adopted without changes to the proposed text as published in the December 20, 2019, issue of the Texas Register (44 TexReg 7820). These rules will not be republished.BACKGROUND AND JUSTIFICATIONThe repeals are necessary to eliminate outdated rules, ensure consistency with Texas Health and Safety Code, and reflect the transition of these services from the Department of State Health Services (DSHS) to HHSC. Rules for chemical dependency treatment facilities currently exist at Texas Administrative Code (TAC) Title 25, Chapter 448, as authorized by Texas Health and Safety Code, Chapter 464. HHSC’s due process procedures for chemical dependency treatment facilities are located in 25 TAC §448.409, Action Against a License.
Texas Department of Insurance
Adopted Rules
Amending §3.9901 to align the Texas Department of Insurance valuation manual with changes made to the National Association of Insurance Commissioners valuation manual
CHAPTER 3. LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIESSUBCHAPTER RR. VALUATION MANUAL28 TAC §3.9901OVERVIEW The Commissioner of Insurance adopts amended 28 TAC §3.9901, relating to the adoption of changes to the valuation manual for reserving and related requirements. The amendment is adopted without changes to the proposed text published in the November 22, 2019, issue of the Texas Register (44 TexReg 7126). The rule will not be republished.BACKGROUND AND JUSTIFICATIONSection 425.073 of the Insurance Code requires the Commissioner to adopt a valuation manual that is substantially similar to the valuation manual adopted by the National Association of Insurance Commissioners (NAIC). Section 425.073(c) further requires that any changes to the valuation manual must be substantially similar to changes adopted by the NAIC. TDI originally adopted the valuation manual in §3.9901 on December 29, 2016, in compliance with Insurance Code §425.073. On August 6, 2019, the NAIC adopted changes to the valuation manual with a vote meeting the requirements of Insurance Code §425.073(c). Therefore, TDI must adopt substantially similar changes to the valuation manual.
Texas Department of Insurance
Adopted Rules
PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATIONCHAPTER 129. INCOME BENEFITS–TEMPORARY INCOME BENEFITS28 TAC §129.5OVERVIEWThe Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to §129.5 (concerning Work Status Reports). The proposed amendments are adopted without changes to the proposed text as published in the October 11, 2019, issue of the Texas Register (44 TexReg 5878) and will not be republished.BACKGROUND AND JUSTIFICATIONThese rules are adopted to conform Rule 129.5 to Texas Labor Code §408.025(a-1) as amended by House Bill (HB) 387, 86th Legislature (2019). House Bill 387 authorizes a treating doctor to delegate authority to complete and sign a work status report to a licensed advanced practice registered nurse. Delegation requires both that the treating doctor has the authority under their licensing act to make the delegation and that the physician assistant or advanced practice registered nurse has the authority under their licensing act to accept the delegation. The Workers’ Compensation Act must be read in context with the licensing acts regarding delegation authority of the treating doctor and receipt of delegation by the physician assistant and advanced practice registered nurse.Labor Code §408.025(a-1) provides specific authority for a treating doctor to delegate the responsibility to complete and sign a work status report. Under the Workers’ Compensation Act, a “[t]reating doctor” means the doctor who is primarily responsible for the employee’s health care for an injury.” Labor Code §401.011(42). And, a “doctor” includes a licensed doctor of medicine, osteopathic medicine, optometry, dentistry, podiatry, or chiropractic. Labor Code §401.011(17).SECTION-BY-SECTION SUMMARYSubsection 129.5(b) is amended to provide that, as authorized under their licensing act, a treating doctor may delegate authority to complete, sign, and file a work status report to a licensed advanced practice registered nurse. Under Labor Code §408.025, the delegating treating doctor is responsible for the acts of the advanced practice registered nurse.Subsection (c) is amended to add delegated advanced practice registered nurses to the list of persons who shall file a work status report in the form and manner prescribed by DWC.Subsection (d) is amended to add delegated advanced practice registered nurses to the list of persons who shall be considered to have filed a complete work status report if the report contains the necessary information prescribed by DWC.Subsection (e) is amended to add delegated advanced practice registered nurses to the list of persons who shall file a work status report and describes the situations when a work status report must be filed on an injured employee’s claim.Subsection (g) is amended to add delegated advanced practice registered nurses to the list of persons who shall file a work status report with the insurance carrier, employer, and injured employee within seven days of the day of receipt of certain information.Subsection (i) is amended to add delegated advanced practice registered nurses to the list of persons who, upon completion of a work status report, shall file the report with the insurance carrier, employer, and the injured employee.Subsection (j) is amended to add delegated advanced practice registered nurses to the list of persons who may bill for preparations of a work status report.Subsection (j)(1) is amended to add delegated advanced practice registered nurses to the list of persons who shall use CPT code “99080” with modifier “73” when billing for the work status report.Subsection (j)(2) is amended to add delegated advanced practice registered nurses to the list of persons who shall use CPT code “99080” with modifiers “73” and “RR” when billing for a work status report requested by an insurance carrier.Subsection (j)(3) is amended to add delegated advanced practice registered nurses to the list of persons who shall use CPT code “99080” with modifier “73” and “EC” when billing for an extra copy of a previously filed work status report requested by or through the insurance carrier.
Texas State Board of Pharmacy
Notices
Rule Review: Board finds that the reasons for adopting §§283.1-283.12 (re: pharmacist licensure), §§291.31-291.36 (re: pharmacies), and §§315.1-315.14 (re: controlled substances) continue to exist
Title 22, Part 15The Texas State Board of Pharmacy adopts the review of the following chapters, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules:Chapter 283, (§§283.1 – 283.12), concerning Licensing Requirements for PharmacistsChapter 291, (§§291.31 – 291.36), concerning Pharmacies (Community Pharmacy (class A))Chapter 315, (§§315.1 – 315.14), concerning Controlled SubstancesThe proposed review was published in the January 3, 2020, issue of the Texas Register (45 TexReg 161). No comments were received.The agency finds the reason for adopting the rule continues to exist.
Texas Council for Developmental Disabilities
In Addition
TCDD requests applications for funding to support projects that will identify and address barriers to full community inclusion for people with disabilities
Request for Applications: Community Inclusion Mini-GrantsOVERVIEWThe Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for organizations to develop projects that will identify and address barriers to full community inclusion faced by people with disabilities. To address the identified barrier, projects may either replicate best practices or develop unique and innovative ideas. At the conclusion of the projects, grantees will demonstrate how people with disabilities in their community are more included in education, employment, or social activities. The goal of community inclusion mini-grants is to produce short- and/or long-term systems change.FUNDINGTCDD has approved funding for up to 10 projects for up to $15,000 for up to 12 months. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.APPLICATION PROCESSAdditional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/.Proposals must be submitted by 1:00 p.m. CT on Tuesday, March 31, 2020. Proposals will not be accepted after the due date.
Texas Council for Developmental Disabilities
In Addition
TCDD requests applications for funding to support projects that will build the organizational capacity of local self-advocacy groups
Request for Applications: Self-Advocacy Group Mini-GrantsOVERVIEWThe Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for projects to build the organizational capacity of local self-advocacy groups to become more established in their communities, create partnerships, conduct formal activities, and ultimately expand their role and impact. The groups will identify and achieve at least one major activity that will put them in a position to pursue more significant activities and/or grants. Applications must, at the very least, include a self-advocacy group as one of the co-applicants.FUNDINGTCDD has approved funding for up to 10 projects for up to $15,000 for up to 12 months. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.APPLICATION PROCESSAdditional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/. Proposals must be submitted by 1:00 p.m. Central Time on Tuesday, March 31, 2020. Proposals will not be accepted after the due date.
Texas Department of Insurance
In Addition
Company Licensing: Sutton National Insurance Co. has applied to do business in Texas and Podiatry Insurance Co. of America has applied for an official name change
Application to do business in the state of Texas for Sutton National Insurance Company, a foreign fire and/or casualty company. The home office is in Madison, Wisconsin.Application for Podiatry Insurance Company of America, a foreign fire and/or casualty company, to change its name to ProAssurance Insurance Company of America. The home office is in Springfield, Illinois.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.
Texas Department of Insurance
In Addition
Notice of public comment on DWC’s proposed new Form-121, which requires insurance carriers to provide new or updated claim administration contact information
The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is accepting public comment on a proposed new form: DWC Form-121, Claim Administration Contact Information.The proposed form is available on the TDI website.Insurance carriers, including certified self-insurers, certified self-insurer groups, and governmental entities will be required to use DWC Form-121 to provide new or updated claim administration contact information through their Austin representative. Insurance carriers must update this information within 10 working days after making a change. Texas Administrative Code, Title 28, Section 124.2(r)(1) requires insurance carriers to provide contact information for:Coverage verification (policy issuance and effective dates of policy)Claims adjustmentMedical billingPharmacy billing (if different from medical billing)Preauthorization