Texas Register Table of Contents
- 1 Texas Medical Board
- 1.0.1 Adopted Rules Re:
- 1.0.1.1 Adopting 22 TAC §§160.1 – 160.5, 160.7 – 160.31, to repeal the current Chapters 160 and 161, and propose a new Chapter 160.
- 1.0.1.2 Adopting 22 TAC §§160.1 – 160.7, to propose a new Chapter 160, which defines the terms used in the Board and explains the Board functions and duties, the Board roles, Board meeting procedures, and Board committees.
- 1.0.1.3 Adopting 22 TAC §160.10, §160.11, to propose a new Chapter 160, which defines the Board rulemaking procedures.
- 1.0.1.4 Adopting 22 TAC §§161.1 – 161.7, 161.10, 161.11, to repeal the current Chapter 161 and propose a new Chapter 161 concerning the sections under General Provisions.
- 1.0.1.5 Adopting 22 TAC §161.1, to propose a new section that describes the application process’s criminal history evaluation process.
- 1.0.1.6 Adopting 22 TAC §§161.5 – 161.7, to define terms and outline the licensure requirements and examinations required for a Texas medical license.
- 1.0.1.7 Adopting 22 TAC §161.10, to define the requirements for U.S. and Canadian medical school graduates under S. 155.003 to receive licensure.
- 1.0.1.8 Adopting 22 TAC §§161.15 – 161.17, to set forth specific licensure requirements for foreign medical graduates.
- 1.0.1.9 Adopting 22 TAC §161.20, to describe the licensure process for military service members, veterans, and spouses.
- 1.0.1.10 Adopting 22 TAC §161.25, to explain the applicability of sections of the Act concerning the processing of licensure applications.
- 1.0.1.11 Adopting 22 TAC §161.30, §161.31, to explain the registration and renewal process for physician licenses, and certain renewal exceptions for military service members, retired physicians, and voluntary charity care physicians.
- 1.0.1.12 Adopting 22 TAC §161.35, to explain the continuing medical education requirements physicians must meet for license renewal.
- 1.0.1.13 Adopting 22 TAC §161.40, to explain that all practicing physicians in Texas must have a Texas medical license (with limited exceptions).
- 1.0.1.14 Adopting 22 TAC §§161.45 – 161.47, to seek different types of licenses, including conceded eminence, administrative medicine, and military volunteer licenses.
- 1.0.1.15 Adopting 22 TAC §§161.50 – 161.52, to explain the purpose, requirements, and application process for temporary licenses.
- 1.0.1.16 Adopting 22 TAC §§161.55 – 161.58, to explain the purpose, requirements, application process, and duties of training permits, including Physician-In-Training Permits (PITs) and Rotator PITS.
- 1.0.1.17 Adopting 22 TAC §161.65, to explain the requirements and application process for board approval of fellowships.
- 1.0.1.18 Adopting 22 TAC §§161.70 – 161.73, to explain licensure requirements and procedures in the event of a disaster or emergency.
- 1.0.1.19 Adopting 22 TAC §162.1, §162.2, to repeal the current Chapter 162, concerning the supervision of medical students.
- 1.0.1.20 Adopting 22 TAC §162.1, §162.2, to propose a new section that provides the requirements of physician’s public profiles.
- 1.0.1.21 Adopting 22 TAC §§163.1 – 163.6, 163.8 – 163.11, 163.13, to repeal the current Chapter 163 concerning licensure.
- 1.0.1.22 Adopting 22 TAC §§163.1 – 163.5, to set forth the required information in a medical record, the period to retain medical records, provision of medical records, notice requirements, and abortion-specific documentation requirements.
- 1.0.1.23 Adopting 22 TAC §§163.10 – 163.13, to set forth abortion-specific documentation requirements.
- 1.0.1.24 Adopting 22 TAC §§164.1 – 164.6, to repeal the current Chapter 164 concerning physician advertising.
- 1.0.1.25 Adopting 22 TAC §§164.1 – 164.4, to outline requirements for physician advertising and describing what is permissible or prohibited.
- 1.0.1.26 Adopting 22 TAC §§165.1 – 165.9, to repeal the current Chapter 164, concerning medical records.
- 1.0.1.27 Adopting 22 TAC §§166.1 – 166.7, to repeal the current Chapter 166, concerning physician registration.
- 1.0.1.28 Adopting 22 TAC §§167.1 – 167.8, to repeal the current Chapter 167 concerning reinstatement and re-issuance.
- 1.0.1.29 Adopting 22 TAC §168.1, §168.2, to repeal the current Chapter 168, concerning Criminal History Evaluation Letters.
- 1.0.1.30 Adopting 22 TAC §§169.1 – 169.8, to repeal the current Chapter 169, concerning the authority of physicians to supply drugs.
- 1.0.1.31 Adopting 22 TAC §169.1, §169.2, to define the terms and explain physician requirements when delegating any medical act.
- 1.0.1.32 Adopting 22 TAC §169.5, to explain physician requirements when delegating medical acts to a physician assistant or advanced practice registered nurse.
- 1.0.1.33 Adopting 22 TAC §§169.10 – 169.15, to define medical supervision and explain the requirements, responsibilities, and limitations of medical director qualifications, responsibilities, and the presence of a physician in a medical emergency.
- 1.0.1.34 Adopting 22 TAC §169.20, to explain the general standards expected when a physician delegates medical orders to a licensed pharmacist in Texas.
- 1.0.1.35 Adopting 22 TAC §§169.25 – 169.28, to explain the responsibilities of delegating physicians for other medical procedures.
- 1.0.1.36 Adopting 22 TAC §§170.1 – 170.3, to repeal the current Chapter 170 concerning the prescription of controlled substances.
- 1.0.1.37 Adopting 22 TAC §§170.1 – 170.3, to explain the standards required by a physician who administers or provides for the use of investigational agents, drugs, biological products, or devices.
- 1.0.1.38 Adopting 22 TAC §170.9, to explain standards required of a physician who uses a prescription monitoring program check.
- 1.0.1.39 Adopting 22 TAC §170.10, to explain standards required of a physician who electronically administers or provides for the use of controlled substances.
- 1.0.1.40 Adopting 22 TAC §170.1, to set forth the standards for the use of investigational drugs, biological products, or devices.
- 1.0.1.41 Adopting 22 TAC §170.5, §170.6, to set forth the standards for the use of stem cell treatments with certain severe chronic diseases or terminal illnesses.
- 1.0.1.42 Adopting 22 TAC §§171.1 – 171.6, to repeal the current Chapter 171, concerning postgraduate training Permits, §§171.1 – 171.6.
- 1.0.1.43 Adopting 22 TAC §171.1, §171.2, to define the terms used in the chapter and detail the required written consent disclosure form required prior to the use of complementary or alternative medicine.
- 1.0.1.44 Adopting 22 TAC §172.1, §172.2, to repeal subchapter A, concerning general provisions and definitions.s
- 1.0.1.45 Adopting 22 TAC §§172.3 – 172.11, to repeal the subchapter B, concerning temporary licenses.
- 1.0.1.46 Adopting 22 TAC §§172.12, 172.13, 172.15 – 172.19, to repeal subchapter C, concerning limited license.
- 1.0.1.47 Adopting 22 TAC §172.20, §172.21, to repeal subchapter D, concerning disaster emergency rules.
- 1.0.1.48 Adopting 22 TAC §§172.1 – 172.5, to outline the requirements of a pain management clinic registration, the eligibility criteria and application process, minimal operational standards, and regulatory scheme for Gold Practice designation.
- 1.0.1.49 Adopting 22 TAC §§173.1 – 173.5, 173.7, to repeal the current Chapter 173, concerning physician profiles.
- 1.0.1.50 Adopting 22 TAC §§173.1 – 173.5, to explain the minimal equipment requirements when providing anesthesia services in an outpatient setting, specific requirements for the provision of higher levels of anesthesia services, registration requirements, and inspections.
- 1.0.1.51 Adopting 22 TAC §§174.1 – 174.8, to repeal the current subchapter A, concerning telemedicine.
- 1.0.1.52 Adopting 22 TAC §174.9, to repeal the current subchapter B, concerning mental health services.
- 1.0.1.53 Adopting 22 TAC §174.1, §174.2, to describe the process of certification of a Non-Profit Health Organization.
- 1.0.1.54 Adopting 22 TAC §174.5, to provide the requirements for the Physician and Physician Assistant’s joint ownership.
- 1.0.1.55 Adopting 22 TAC §174.10, to set forth the minimum requirements for a physician’s call coverage agreement to another physician.
- 1.0.1.56 Adopting 22 TAC §§175.1 – 175.5, to repeal the current Chapter 175, concerning fees and penalties.
- 1.0.1.57 Adopting 22 TAC §§175.1 – 175.3, to explain the practicing requirements of a physician providing telemedicine in Texas.
- 1.0.1.58 Adopting 22 TAC §§176.1 – 176.9, to repeal the current Chapter 176, concerning health care liability lawsuits and settlements.
- 1.0.1.59 Adopting 22 TAC §176.1, §176.2, to explain the content requirements and process for reporting healthcare liability and malpractice claims to the board.
- 1.0.1.60 Adopting 22 TAC §177.1, to repeal the current subchapter A, concerning definitions.
- 1.0.1.61 Adopting 22 TAC §§177.2 – 177.13, to repeal the current subchapter B, concerning non-profit health organizations.
- 1.0.1.62 Adopting 22 TAC §§177.14 – 177.16, to repeal the current subchapter C, concerning jointly owned entities.
- 1.0.1.63 Adopting 22 TAC §177.17, to repeal the current subchapter concerning the employment of physicians.
- 1.0.1.64 Adopting 22 TAC §177.18, §177.20, to repeal the current subchapter concerning physician call coverage medical services.
- 1.0.1.65 Adopting 22 TAC §§177.1 – 177.3, to require the posting of information on the requirements and process to file complaints.
- 1.0.1.66 Adopting 22 TAC §§177.10 – 177.13, to explain the process of conducting a preliminary investigation and to appeal the dismissal of a complaint.
- 1.0.1.67 Adopting 22 TAC §177.20, §177.21, to explain the general qualifications to act as an expert reviewer for the board and the selection and assignment process of expert reviewers.
- 1.0.1.68 Adopting 22 TAC §§178.1 – 178.9, to repeal the current Chapter 178, concerning complaints.
- 1.0.1.69 Adopting 22 TAC §§179.1 – 179.8, to repeal the current Chapter 179, concerning investigations.
- 1.0.1.70 Adopting 22 TAC §179.1, to define the terms used in the new chapter.
- 1.0.1.71 Adopting 22 TAC §179.5, to explain the board’s mandatory reporting when related to board actions.
- 1.0.1.72 Adopting 22 TAC §179.10, to explain the process utilized by the board for the potential disposition of certain complaints prior to the convening of an Informal Settlement Conference (ISC).
- 1.0.1.73 Adopting 22 TAC §179.15, §179.16, to explain the content of the notice of the ISC to a licensee.
- 1.0.1.74 Adopting 22 TAC §179.20, to explain the opportunity for a licensee to attend and provide oral argument to the board.
- 1.0.1.75 Adopting 22 TAC §179.25, §179.26, to explain the process when the board has reason to believe a licensee is a “continuing threat.”
- 1.0.1.76 Adopting 22 TAC §179.30, to explains the difference between an initial and final criminal conviction.
- 1.0.1.77 Adopting 22 TAC §179.35, to explain the board’s procedures when analyzing the unlicensed practice of a regulated profession.
- 1.0.1.78 Adopting 22 TAC §179.40, to explain the process when the board investigates complaints of bad faith participation and other consumer complaints in out-of-network billing cases.
- 1.0.1.79 Adopting 22 TAC §§180.1 – 180.4, to repeal the current Chapter 180, concerning the Texas Physician Health Program.
- 1.0.1.80 Adopting 22 TAC §180.1, to outline the acts, practices, and conduct that are violations of the Medical Practice Act.
- 1.0.1.81 Adopting 22 TAC §180.5, to provide guidance on assessing remedial action or sanctions for violations of the Medical Practice Act.
- 1.0.1.82 Adopting 22 TAC §§181.1 – 181.7, to repeal the current Chapter 181, concerning contact lens prescriptions.
- 1.0.1.83 Adopting 22 TAC §§181.1 – 181.8, to outline the general compliance requirements for licensees subject to board action.
- 1.0.1.84 Adopting 22 TAC §§182.1, 182.3, 182.5, 182.8, to repeal the current Chapter 182, concerning the use of experts.
- 1.0.1.85 Adopting 22 TAC §§182.1 – 182.4, to explain the process of appointing and removing members of the Governing Board and Physician Health and Rehabilitation Advisory Committee, the Texas Physician Health Program’s (PHP) operation; and the process for accepting gifts, grants, and donations to the Governing Board.
- 1.0.1.86 Adopting 22 TAC §§183.1 – 183.27, to repeal of current Chapter 183, concerning acupuncture.
- 1.0.1.87 Adopting 22 TAC §§183.1 – 183.5, to explain the functions and duties of the Physician Assistant Board and its members.
- 1.0.1.88 Adopting 22 TAC §§183.10 – 183.17, to outline the general standards for licensure for a Physicians Assistants license
- 1.0.1.89 Adopting 22 TAC §183.20, §183.21, to state the reporting requirements of a license holder and specific requirements for physician assistants responsible for performing radiologic procedures.
- 1.0.1.90 Adopting 22 TAC §183.25, to explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 1.0.1.91 Adopting 22 TAC §§184.1 – 184.9, 184.12 – 184.26, to repeal the current Chapter 184, concerning surgical assistants.
- 1.0.1.92 Adopting 22 TAC §§184.1 – 184.4, to explain the function and duties of the Board and its members.
- 1.0.1.93 Adopting 22 TAC §§184.10 – 184.19, to outline the general standards for licensure for a Texas acupuncture license.
- 1.0.1.94 Adopting 22 TAC §§184.25 – 184.27, to outline the general requirements for keeping and maintaining adequate patient records, including retention periods.
- 1.0.1.95 Adopting 22 TAC §184.30, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 1.0.1.96 Adopting 22 TAC §§184.35 – 184.37, to outline the general requirements and process for certification to perform acudetox, including acupuncture certificate renewal.
- 1.0.1.97 Adopting 22 TAC §§185.1 – 185.33, to repeal the current Chapter 185, concerning physician assistants.
- 1.0.1.98 Adopting 22 TAC §§185.1 – 185.11, to outline the general requirements for licensure for a Surgical Assistants license.
- 1.0.1.99 Adopting 22 TAC §§186.1 – 186.14, 186.16 – 186.30, to repeal the current Chapter 186, concerning respiratory care practitioners.
- 1.0.1.100 Adopting 22 TAC §§186.1 – 186.4, to explain the functions and duties of the Board and its members.
- 1.0.1.101 Adopting 22 TAC §§186.10 – 186.21, to outline the Radiologist Assistant requirements for certification.
- 1.0.1.102 Adopting 22 TAC §§186.25 – 186.32, to outline specific documentation and payment of fee requirements that an NCT must provide in order to qualify for an NCT certification.
- 1.0.1.103 Adopting 22 TAC §186.40, §186.41, to explain the hardship exemption qualifications that a practitioner or hospital may qualify for if it meets specific outlined criteria.
- 1.0.1.104 Adopting 22 TAC §186.45, to outline the LMRT and NCT accreditation of education programs and instructors.
- 1.0.1.105 Adopting 22 TAC §186.50, §186.51, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 1.0.1.106 Adopting 22 TAC §§187.1 – 187.9, to repeal the current subchapter A, concerning general provisions and definitions.
- 1.0.1.107 Adopting 22 TAC §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21, to repeal the current subchapter B, concerning informal board proceedings.
- 1.0.1.108 Adopting 22 TAC §§187.22 – 187.31, 187.33, to repeal the current subchapter C, concerning formal board proceedings at SOAH.
- 1.0.1.109 Adopting 22 TAC §§187.35 – 187.37, 187.39, 187.42, to repeal the current subchapter D, concerning formal board proceedings.
- 1.0.1.110 Adopting 22 TAC §§187.43 – 187.45, to repeal the current subchapter E, concerning proceedings relating to probationers.
- 1.0.1.111 Adopting 22 TAC §§187.55 – 187.62, to repeal the current subchapter F, concerning the temporary suspension and restriction proceedings.
- 1.0.1.112 Adopting 22 TAC §§187.70 – 187.72, to repeal the current subchapter G, concerning suspension by the operation of law.
- 1.0.1.113 Adopting 22 TAC §§187.75 – 187.82, to repeal the current subchapter H, concerning the imposition of administrative penalties.
- 1.0.1.114 Adopting 22 TAC §187.83, §187.84, to repeal the current subchapter I, concerning proceedings for cease and desist orders.
- 1.0.1.115 Adopting 22 TAC §§187.85 – 187.89, to repeal the current subchapter J, concerning procedures related to out-of-network health benefit claim dispute resolution.
- 1.0.1.116 Adopting 22 TAC §§187.1 – 187.4, to explain the functions and duties of the Board and its members.
- 1.0.1.117 Adopting 22 TAC §§187.10 – 187.17, to outline the general requirements for licensure for a Respiratory Care Practitioners certification.
- 1.0.1.118 Adopting 22 TAC §187.20, to explain the requirements related to a Respiratory Care Practitioner licensed by the Advisory Board to report any event listed in §162.2(b)(1) through (7) of this title within 10 days after the event.
- 1.0.1.119 Adopting 22 TAC §187.25, §187.26, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
- 1.0.1.120 Adopting 22 TAC §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30, to repeal the current Chapter 188, concerning perfusionists.
- 1.0.1.121 Adopting 22 TAC §§188.1 – 188.14, to outline the general licensure requirements for a Texas Perfusionist license.
- 1.0.1.122 Adopting 22 TAC §§189.1 – 189.16, to repeal the current Chapter 189, concerning the compliance program.
- 1.0.1.123 Adopting 22 TAC §§189.1 – 189.13, to outline the general requirements and specific documentation necessary for an applicant to obtain a Medical Physicist license.
- 1.0.1.124 Adopting 22 TAC §190.1, §190.2, to repeal the current subchapter A, concerning general provision.
- 1.0.1.125 Adopting 22 TAC §190.8, to repeal the current subchapter B, concerning violation guidelines.
- 1.0.1.126 Adopting 22 TAC §190.14, §190.15, to repeal the current subchapter C, concerning sanction guidelines.
- 1.0.1.127 Adopting 22 TAC §190.16, to repeal the current subchapter D, concerning administrative penalties.
- 1.0.1.128 Adopting 22 TAC §§191.1 – 191.5, to repeal the current Chapter 191, concerning District Review Committees.
- 1.0.1.129 Adopting 22 TAC §§192.1 – 192.6, to repeal the current Chapter 192, concerning office-based anesthesia services.
- 1.0.1.130 Adopting 22 TAC §§193.1 – 193.7, 193.9 – 193.20, to repeal the current Chapter 193, concerning standing delegation orders.
- 1.0.1.131 Adopting 22 TAC §§194.1 – 194.13, 194.15 – 194.34, to repeal the current subchapter A, concerning certificate holders, non-certified technicians, and other authorized individuals or entities.
- 1.0.1.132 Adopting 22 TAC §§195.1 – 195.5, to repeal the current Chapter 195, concerning pain management clinics.
- 1.0.1.133 Adopting 22 TAC §§196.1, 196.2, 196.4, 196.5, to repeal the current chapter 196, concerning voluntary relinquishment or surrender of a medical license.
- 1.0.1.134 Adopting 22 TAC §§197.1 – 197.7, to repeal the current Chapter 197, concerning emergency medical services.
- 1.0.1.135 Adopting 22 TAC §§198.1 – 198.4, to repeal the current subchapter A, concerning the standards for the use of investigational drugs, biological products, or devices.
- 1.0.1.136 Adopting 22 TAC §198.5, §198.6, to repeal the current subchapter B, concerning investigational stem cell treatments for patients with certain severe chronic diseases or terminal illnesses.
- 1.0.1.137 Adopting 22 TAC §§199.1 – 199.6, to repeal the current Chapter 199, concerning public information.
- 1.0.1.138 Adopting 22 TAC §§200.1 – 200.3, to repeal the current Chapter 200, concerning the standards for physicians practicing complementary and alternative medicine.
- 1.0.1 Adopted Rules Re:
- 2 Texas Department of State Health Services
- 2.0.1 Transferred Rules Re:
- 2.0.1.1 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 133 to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 505.
- 2.0.1.2 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 140, Subchapter I to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 562.
- 2.0.1 Transferred Rules Re:
- 3 Texas Health and Human Services Commission:
- 3.0.1 Transferred Rules Re:
- 3.0.1.1 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 133, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 505.
- 3.0.1.2 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 140, Subchapter I to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 562.
- 3.0.1 Transferred Rules Re:
Texas Medical Board
Adopted Rules Re:
Adopting 22 TAC §§160.1 – 160.5, 160.7 – 160.31, to repeal the current Chapters 160 and 161, and propose a new Chapter 160.
CHAPTER 160. MEDICAL PHYSICISTS
22 TAC §§160.1 – 160.5, 160.7 – 160.31
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 160, concerning Medical Physicists, §§160.1 – 160.5, 160.7 – 160.31. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7704). The repeals will not be republished.
The Board also adopts new Chapter 160, concerning General Provisions. This includes new Subchapter A, concerning General §§160.1 – 160.7, and Subchapter B, concerning Rulemaking, §§160.10, 160.11. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7704). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160 – 200, the repeal of Chapter 160 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§160.1 – 160.7, to propose a new Chapter 160, which defines the terms used in the Board and explains the Board functions and duties, the Board roles, Board meeting procedures, and Board committees.
CHAPTER 160. MEDICAL PHYSICISTS
SUBCHAPTER A. GENERAL
22 TAC §§160.1 – 160.7
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §160.10, §160.11, to propose a new Chapter 160, which defines the Board rulemaking procedures.
CHAPTER 160. MEDICAL PHYSICISTS
SUBCHAPTER B. RULEMAKING
22 TAC §160.10, §160.11
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§161.1 – 161.7, 161.10, 161.11, to repeal the current Chapter 161 and propose a new Chapter 161 concerning the sections under General Provisions.
CHAPTER 161. GENERAL PROVISIONS
22 TAC §§161.1 – 161.7, 161.10, 161.11
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 161, concerning General Provisions, §§161.1 – 161.7, §161.10 and §161.11. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7710). The repeals will not be republished.
The Board also adopts new Chapter 161, concerning Physician Licensure. This includes new Subchapter A, concerning Pre-Licensure Criminal History Evaluations, §161.1; Subchapter B, concerning General Licensure Requirements, §§161.5 – 161.7; Subchapter C, concerning U.S. and Canadian Medical Graduates, §161.10; Subchapter D, concerning Foreign Medical Graduates, §§161.15 – §161.17; Subchapter E, concerning Licensure For Military Service Members, Veterans, and Spouses, §161.20; Subchapter F, concerning Application Procedure, §161.25; Subchapter G, concerning Registration of License, §161.30 and §161.31; Subchapter H, concerning Continuing Medical Education Requirements for License Renewal, §161.35; Subchapter I, concerning Full Medical License, §161.40; Subchapter J, concerning Limited Licenses, §§161.45 – 161.47; Subchapter K, concerning Temporary Licenses, §§161.50 – 161.52; Subchapter L, concerning Physician-In-Training Permits, §§161.55 – 161.58; Subchapter M, concerning Fellowship Program Approval, §161.65; and Subchapter N, concerning Emergency Practice Authorization, §§161.70 – 161.73. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7710). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 161 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §161.1, to propose a new section that describes the application process’s criminal history evaluation process.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER A. PRE-LICENSURE CRIMINAL HISTORY EVALUATIONS
22 TAC §161.1
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§161.5 – 161.7, to define terms and outline the licensure requirements and examinations required for a Texas medical license.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER B. GENERAL LICENSURE REQUIREMENTS
22 TAC §§161.5 – 161.7
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §161.10, to define the requirements for U.S. and Canadian medical school graduates under S. 155.003 to receive licensure.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER C. U.S. AND CANADIAN MEDICAL GRADUATES
22 TAC §161.10
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§161.15 – 161.17, to set forth specific licensure requirements for foreign medical graduates.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER D. FOREIGN MEDICAL GRADUATES
22 TAC §§161.15 – 161.17
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §161.20, to describe the licensure process for military service members, veterans, and spouses.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER E. LICENSURE FOR MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES
22 TAC §161.20
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §161.25, to explain the applicability of sections of the Act concerning the processing of licensure applications.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER F. APPLICATION PROCEDURE
22 TAC §161.25
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §161.30, §161.31, to explain the registration and renewal process for physician licenses, and certain renewal exceptions for military service members, retired physicians, and voluntary charity care physicians.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER G. REGISTRATION OF LICENSE
22 TAC §161.30, §161.31
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §161.35, to explain the continuing medical education requirements physicians must meet for license renewal.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER H. CONTINUING MEDICAL EDUCATION REQUIREMENTS FOR LICENSE RENEWAL
22 TAC §161.35
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §161.40, to explain that all practicing physicians in Texas must have a Texas medical license (with limited exceptions).
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER I. FULL MEDICAL LICENSE
22 TAC §161.40
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§161.45 – 161.47, to seek different types of licenses, including conceded eminence, administrative medicine, and military volunteer licenses.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER J. LIMITED LICENSES
22 TAC §§161.45 – 161.47
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§161.50 – 161.52, to explain the purpose, requirements, and application process for temporary licenses.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER K. TEMPORARY LICENSES
22 TAC §§161.50 – 161.52
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§161.55 – 161.58, to explain the purpose, requirements, application process, and duties of training permits, including Physician-In-Training Permits (PITs) and Rotator PITS.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER L. PHYSICIAN-IN-TRAINING PERMITS
22 TAC §§161.55 – 161.58
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §161.65, to explain the requirements and application process for board approval of fellowships.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER M. FELLOWSHIP PROGRAM APPROVAL
22 TAC §161.65
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§161.70 – 161.73, to explain licensure requirements and procedures in the event of a disaster or emergency.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER N. EMERGENCY PRACTICE AUTHORIZATION
22 TAC §§161.70 – 161.73
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §162.1, §162.2, to repeal the current Chapter 162, concerning the supervision of medical students.
CHAPTER 162. SUPERVISION OF MEDICAL SCHOOL STUDENTS
22 TAC §162.1, §162.2
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 162, concerning Supervision of Medical Students, §162.1 and §162.2. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7720). The repeals will not be republished.
The Board also adopts new Chapter 162, concerning Physician Profiles, §§162.1 – 162.3. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7720). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 162 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §162.1, §162.2, to propose a new section that provides the requirements of physician’s public profiles.
CHAPTER 162. PHYSICIAN PROFILES
22 TAC §§162.1 – 162.3
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code and establish rules related to licensure and registration of the license. The new rules are adopted in accordance with the requirements of Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures. The new rules are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§163.1 – 163.6, 163.8 – 163.11, 163.13, to repeal the current Chapter 163 concerning licensure.
CHAPTER 163. LICENSURE
22 TAC §§163.1 – 163.6, 163.8 – 163.11, 163.13
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 163, concerning Licensure, §§163.1 – 163.6, 163.8 – 163.11 and 163.13. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7722-7723). The repeals will not be republished.
The Board also adopts new Chapter 163, concerning Medical Records. This includes new Subchapter A, concerning General Documentation Provisions, §§163.1 – 163.5; and Subchapter B, concerning Abortion Documentation, §§163.10 – 163.13. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7723-7726). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 163 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§163.1 – 163.5, to set forth the required information in a medical record, the period to retain medical records, provision of medical records, notice requirements, and abortion-specific documentation requirements.
CHAPTER 163. MEDICAL RECORDS
SUBCHAPTER A. GENERAL DOCUMENTATION PROVISIONS
22 TAC §§163.1 – 163.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§163.10 – 163.13, to set forth abortion-specific documentation requirements.
CHAPTER 163. MEDICAL RECORDS
SUBCHAPTER B. ABORTION DOCUMENTATION
22 TAC §§163.10 – 163.13
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§164.1 – 164.6, to repeal the current Chapter 164 concerning physician advertising.
CHAPTER 164. PHYSICIAN ADVERTISING
22 TAC §§164.1 – 164.6
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 164, concerning Physician Advertising, §§164.1 – 164.6. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7726). The repeals will not be republished.
The Board also adopts new Chapter 164, concerning Physician Advertising, §§164.1 – 164.4. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7726). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 164 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§164.1 – 164.4, to outline requirements for physician advertising and describing what is permissible or prohibited.
CHAPTER 164. PHYSICIAN ADVERTISING
22 TAC §§164.1 – 164.4
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Occupations Code, §101.201. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§165.1 – 165.9, to repeal the current Chapter 164, concerning medical records.
CHAPTER 165. MEDICAL RECORDS
22 TAC §§165.1 – 165.9
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 165, concerning Medical Records, §§165. 1- 165.9. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7728). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 165 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§166.1 – 166.7, to repeal the current Chapter 166, concerning physician registration.
CHAPTER 166. PHYSICIAN REGISTRATION
22 TAC §§166.1 – 166.7
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 166, concerning Physician Registration, §§166.1 – 166.7. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7729). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 166 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§167.1 – 167.8, to repeal the current Chapter 167 concerning reinstatement and re-issuance.
CHAPTER 167. REINSTATEMENT AND REISSUANCE
22 TAC §§167.1 – 167.8
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 167, concerning Reinstatement and Reissuance, §§167.1 – 167.8. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7730). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 167 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §168.1, §168.2, to repeal the current Chapter 168, concerning Criminal History Evaluation Letters.
CHAPTER 168. CRIMINAL HISTORY EVALUATION LETTERS
22 TAC §168.1, §168.2
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 168, concerning Criminal History Evaluation Letters, §168.1 and §168.2. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7731). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 168 in its entirety is more efficient than proposing multiple amendments to make the required changes.
CHAPTER 169. AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS
22 TAC §§169.1 – 169.8
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 169, concerning Authority of Physicians to Supply Drugs, §§169.1 – 169.8. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7732). The repeals will not be republished.
The Board also adopts new Chapter 169, concerning Delegation. This includes new Subchapter A, concerning Definitions and General Provisions, §169.1 and §169.2; Subchapter B, concerning Physician Assistants and Advanced Practice Registered Nurses, §169.5; Subchapter C, concerning Emergency Medical Services, §§169.10 – 169.15; Subchapter D, concerning Pharmacists, §169.20; and Subchapter E, concerning Other Delegated Acts, §§169.25 – 169.28. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7732). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 169 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §169.1, §169.2, to define the terms and explain physician requirements when delegating any medical act.
CHAPTER 169. DELEGATION
SUBCHAPTER A. DEFINITIONS AND GENERAL PROVISIONS
22 TAC §169.1, §169.2
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 157 (concerning Authority of Physician to Delegate Certain Medical Acts) and Chapter 158 (concerning Authority of Physician to Provide Certain Drugs and Supplies) of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §169.5, to explain physician requirements when delegating medical acts to a physician assistant or advanced practice registered nurse.
CHAPTER 169. DELEGATION
SUBCHAPTER B. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE REGISTERED NURSES
22 TAC §169.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 157 (concerning Authority of Physician to Delegate Certain Medical Acts) and Chapter 158 (concerning Authority of Physician to Provide Certain Drugs and Supplies) of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§169.10 – 169.15, to define medical supervision and explain the requirements, responsibilities, and limitations of medical director qualifications, responsibilities, and the presence of a physician in a medical emergency.
CHAPTER 169. DELEGATION
SUBCHAPTER C. EMERGENCY MEDICAL SERVICES
22 TAC §§169.10 – 169.15
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 157 (concerning Authority of Physician to Delegate Certain Medical Acts) and Chapter 158 (concerning Authority of Physician to Provide Certain Drugs and Supplies) of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §169.20, to explain the general standards expected when a physician delegates medical orders to a licensed pharmacist in Texas.
CHAPTER 169. DELEGATION
SUBCHAPTER D. PHARMACISTS
22 TAC §169.20
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 157 (concerning Authority of Physician to Delegate Certain Medical Acts) and Chapter 158 (concerning Authority of Physician to Provide Certain Drugs and Supplies) of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§169.25 – 169.28, to explain the responsibilities of delegating physicians for other medical procedures.
CHAPTER 169. DELEGATION
SUBCHAPTER E. OTHER DELEGATED ACTS
22 TAC §§169.25 – 169.28
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 157 (concerning Authority of Physician to Delegate Certain Medical Acts) and Chapter 158 (concerning Authority of Physician to Provide Certain Drugs and Supplies) of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§170.1 – 170.3, to repeal the current Chapter 170 concerning the prescription of controlled substances.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER A. PAIN MANAGEMENT
22 TAC §§170.1 – 170.3
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 170, concerning Prescription of Controlled Substances. This includes Subchapter A, concerning Pain Management, §§170.1 – 170.3; Subchapter B, concerning Utilization of Opioid Antagonists, §§170.4 – 170.8; Subchapter C, concerning Prescription Monitoring Program Check, §170.9; and Subchapter D, concerning Electronic Prescribing of Controlled Substances, §170.10. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7738). The repeals will not be republished.
The Board also adopts new Chapter 170, concerning Standards for Use of Investigational Agents. This includes new Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, or Devices, §170.1, and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §170.5 and §170.6. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7739). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 170 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§170.1 – 170.3, to explain the standards required by a physician who administers or provides for the use of investigational agents, drugs, biological products, or devices.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER B. UTILIZATION OF OPIOID ANTAGONISTS
22 TAC §§170.4 – 170.8
OVERVIEW
The repeal of current Chapter 170 is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Occupations Code. The repeals are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §170.9, to explain standards required of a physician who uses a prescription monitoring program check.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER C. PRESCRIPTION MONITORING PROGRAM CHECK
22 TAC §170.9
OVERVIEW
The repeal of current Chapter 170 is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Occupations Code. The repeals are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §170.10, to explain standards required of a physician who electronically administers or provides for the use of controlled substances.
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCES
SUBCHAPTER D. ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES
22 TAC §170.10
OVERVIEW
The repeal of current Chapter 170 is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Occupations Code. The repeals are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §170.1, to set forth the standards for the use of investigational drugs, biological products, or devices.
CHAPTER 170. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER A. STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES.
22 TAC §170.1
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted in accordance with Texas Health and Safety Code, §1003.055. The new rules are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §170.5, §170.6, to set forth the standards for the use of stem cell treatments with certain severe chronic diseases or terminal illnesses.
CHAPTER 170. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER B. INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES
22 TAC §170.5, §170.6
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted in accordance with Texas Health and Safety Code, §1003.055. The new rules are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§171.1 – 171.6, to repeal the current Chapter 171, concerning postgraduate training Permits, §§171.1 – 171.6.
CHAPTER 171. POSTGRADUATE TRAINING PERMITS
22 TAC §§171.1 – 171.6
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 171, concerning Postgraduate Training Permits, §§171.1 – 171.6. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7741). The repeals will not be republished.
The Board also adopts new Chapter 171, concerning Complementary and Alternative Medicine Standards, §171.1 and §171.2. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7741). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 171 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §171.1, §171.2, to define the terms used in the chapter and detail the required written consent disclosure form required prior to the use of complementary or alternative medicine.
CHAPTER 171. COMPLEMENTARY AND ALTERNATIVE MEDICINE STANDARDS
22 TAC §171.1, §171.2
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §172.1, §172.2, to repeal subchapter A, concerning general provisions and definitions.s
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS
22 TAC §172.1, §172.2
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 172, concerning Temporary and Limited Licenses. This includes Subchapter A, concerning General Provisions and Definitions, §172.1 and §172.2; Subchapter B, concerning Temporary Licenses, §§172.3 – 172.11; Subchapter C, concerning Limited Licenses, §§172.12, 172.13, 172.15 – 172.19; Subchapter D, concerning Disaster Emergency Rule, §172.20 and §172.21. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7743). The repeals will not be republished.
The Board also adopts new Chapter 172, concerning Pain Management Clinics, §§172.1 – 172.5. The new sections are being adopted with changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7745). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 172 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§172.3 – 172.11, to repeal the subchapter B, concerning temporary licenses.
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER B. TEMPORARY LICENSES
22 TAC §§172.3 – 172.11
OVERVIEW
The repeal of current Chapter 172 is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Occupations Code. The repeals are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§172.12, 172.13, 172.15 – 172.19, to repeal subchapter C, concerning limited license.
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER C. LIMITED LICENSES
22 TAC §§172.12, 172.13, 172.15 – 172.19
OVERVIEW
The repeal of current Chapter 172 is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Occupations Code. The repeals are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §172.20, §172.21, to repeal subchapter D, concerning disaster emergency rules.
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER D. DISASTER EMERGENCY RULE
22 TAC §172.20, §172.21
OVERVIEW
The repeal of current Chapter 172 is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Occupations Code. The repeals are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§172.1 – 172.5, to outline the requirements of a pain management clinic registration, the eligibility criteria and application process, minimal operational standards, and regulatory scheme for Gold Practice designation.
CHAPTER 172. PAIN MANAGEMENT CLINICS
22 TAC §§172.1 – 172.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 168 of the Texas Occupations Code, concerning Regulation of Pain Management Clinics. The new rules are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§173.1 – 173.5, 173.7, to repeal the current Chapter 173, concerning physician profiles.
CHAPTER 173. PHYSICIAN PROFILES
22 TAC §§173.1 – 173.5, 173.7
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 173, concerning Physician Profiles, §§173.1 – 173.5, and §173.7. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7748). The repeals will not be republished.
The Board also adopts new Chapter 173, concerning Office-Based Anesthesia Services, §§173.1 – 173.5. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7748). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 173 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§173.1 – 173.5, to explain the minimal equipment requirements when providing anesthesia services in an outpatient setting, specific requirements for the provision of higher levels of anesthesia services, registration requirements, and inspections.
CHAPTER 173. OFFICE-BASED ANESTHESIA SERVICES
22 TAC §§173.1 – 173.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of Chapter 162, Subchapter C (concerning Regulation of Practice of Medicine, Anesthesia in Outpatient Setting). The new rules are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this proposal.
Adopting 22 TAC §§174.1 – 174.8, to repeal the current subchapter A, concerning telemedicine.
CHAPTER 174. TELEMEDICINE
SUBCHAPTER A. TELEMEDICINE
22 TAC §§174.1 – 174.8
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 174 concerning Telemedicine. This includes Subchapter A, concerning Telemedicine, §§174.1 – 174.8; and Subchapter B, concerning Mental Health Services, §174.9. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7752). The repeals will not be republished.
The Board also adopts new Chapter 174, concerning Business Organizations. This includes new Subchapter A, concerning Non-Profit Health Organizations, §174.1 and 174.2; Subchapter B, concerning Jointly Owned Entities, §174.5; and Subchapter C, concerning Physician Call Coverage Arrangements, §174.10. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7753). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160 – 200, repeal of Chapter 174 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §174.9, to repeal the current subchapter B, concerning mental health services.
CHAPTER 174. TELEMEDICINE
SUBCHAPTER B. MENTAL HEALTH SERVICES
22 TAC §174.9
OVERVIEW
The repeal of Chapter 174 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles, or codes are affected by this adoption.
Adopting 22 TAC §174.1, §174.2, to describe the process of certification of a Non-Profit Health Organization.
CHAPTER 174. BUSINESS ORGANIZATIONS
SUBCHAPTER A. NON-PROFIT HEALTH ORGANIZATIONS
22 TAC §174.1, §174.2
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §174.5, to provide the requirements for the Physician and Physician Assistant’s joint ownership.
CHAPTER 174. BUSINESS ORGANIZATIONS
SUBCHAPTER B. JOINTLY OWNED ENTITIES
22 TAC §174.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §174.10, to set forth the minimum requirements for a physician’s call coverage agreement to another physician.
CHAPTER 174. BUSINESS ORGANIZATIONS
SUBCHAPTER C. PHYSICIAN CALL COVERAGE ARRANGEMENTS
22 TAC §174.10
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§175.1 – 175.5, to repeal the current Chapter 175, concerning fees and penalties.
CHAPTER 175. FEES AND PENALTIES
22 TAC §§175.1 – 175.5
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 175, concerning Fees and Penalties, §§175.1 – 175.5. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7755). The repeal will not be republished.
The Board also adopts new Chapter 175, concerning Telemedicine, §§175.1- 175.3. Section 175.1 and §175.2 are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7755), and will not be republished. Section 175.3 is being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7755), and will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 175 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§175.1 – 175.3, to explain the practicing requirements of a physician providing telemedicine in Texas.
CHAPTER 175. TELEMEDICINE
22 TAC §§175.1 – 175.3
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§176.1 – 176.9, to repeal the current Chapter 176, concerning health care liability lawsuits and settlements.
CHAPTER 176. HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS
22 TAC §§176.1 – 176.9
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 176, concerning Health Care Liability Lawsuits and Settlements, §§176.1 – 176.9. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7756-7757). The repeals will not be republished.
The Board also adopts new Chapter 176, concerning Reporting Malpractice Claims, §§176.1 and 176.2. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7758). The rules will not be republished.
Adopting 22 TAC §176.1, §176.2, to explain the content requirements and process for reporting healthcare liability and malpractice claims to the board.
CHAPTER 176. REPORTING MALPRACTICE CLAIMS
22 TAC §176.1, §176.2
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 160 of the Texas Occupations Code. The new rules are also adopted in accordance with the requirements of the Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this proposal.
Adopting 22 TAC §177.1, to repeal the current subchapter A, concerning definitions.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER A. DEFINITIONS
22 TAC §177.1
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 177, concerning Business Organizations and Agreements. This includes Subchapter A, concerning Definitions, §177.1, Subchapter B, concerning Non-Profit Health Organizations, §§177.2 – 177.13, Subchapter C, concerning Jointly Owned Entities, §§177.14 – 177.16, Subchapter D, concerning Employment of Physicians, §177.17, Subchapter E, concerning Physician Call Coverage Medical Services, §177.18 and §177.20. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7758). The repeals will not be republished.
The Board also adopts new Chapter 177, concerning Complaints and Investigations. This includes new Subchapter A, concerning Complaints, §§177.1 – 177.3; Subchapter B, concerning Investigative Process, §§177.10 – 177.13, and Subchapter C, concerning Expert Panel Review, §177.20 and §177.21. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7758). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 177 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§177.2 – 177.13, to repeal the current subchapter B, concerning non-profit health organizations.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER B. NON-PROFIT HEALTH ORGANIZATIONS
22 TAC §§177.2 – 177.13
OVERVIEW
The repeal of Chapter 177 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§177.14 – 177.16, to repeal the current subchapter C, concerning jointly owned entities.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER C. JOINTLY OWNED ENTITIES
22 TAC §§177.14 – 177.16
OVERVIEW
The repeal of Chapter 177 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §177.17, to repeal the current subchapter concerning the employment of physicians.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER D. EMPLOYMENT OF PHYSICIANS
22 TAC §177.17
OVERVIEW
The repeal of Chapter 177 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §177.18, §177.20, to repeal the current subchapter concerning physician call coverage medical services.
CHAPTER 177. BUSINESS ORGANIZATIONS AND AGREEMENTS
SUBCHAPTER E. PHYSICIAN CALL COVERAGE MEDICAL SERVICES
22 TAC §177.18, §177.20
OVERVIEW
The repeal of Chapter 177 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§177.1 – 177.3, to require the posting of information on the requirements and process to file complaints.
CHAPTER 177. COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER A. COMPLAINTS
22 TAC §§177.1 – 177.3
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§177.10 – 177.13, to explain the process of conducting a preliminary investigation and to appeal the dismissal of a complaint.
CHAPTER 177. COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER B. INVESTIGATIVE PROCESS
22 TAC §§177.10 – 177.13
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §177.20, §177.21, to explain the general qualifications to act as an expert reviewer for the board and the selection and assignment process of expert reviewers.
CHAPTER 177. COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER C. EXPERT PANEL REVIEW
22 TAC §177.20, §177.21
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§178.1 – 178.9, to repeal the current Chapter 178, concerning complaints.
CHAPTER 178. COMPLAINTS
22 TAC §§178.1 – 178.9
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 178, concerning Complaints, §§178.1 – 178.9. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7763). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 193 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§179.1 – 179.8, to repeal the current Chapter 179, concerning investigations.
CHAPTER 179. INVESTIGATIONS
22 TAC §§179.1 – 179.8
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 179, concerning Investigations, §§179.1 – 179.8. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7764). The repeals will not be republished.
The Board also adopts new Chapter 179, concerning Procedural Rules. This includes new Subchapter A, concerning Definitions, §179.1; Subchapter B, concerning Reporting Requirements, §179.5; Subchapter C, concerning Pre-Settlement Conference Resolution Process, §179.10; Subchapter D, concerning Informal Settlement Conference, §179.15 and §179.16; Subchapter E, concerning Contested Case Procedure §179.20; Subchapter F, concerning Temporary Suspension or Restriction Proceedings, §179.25 and §179.26; Subchapter G, concerning Suspension by Operation of Law, §179.30; Subchapter H, concerning Cease and Desist Orders, §179.35; Subchapter I, concerning Out-of-Network Billing, §179.40. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7764). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 179 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §179.1, to define the terms used in the new chapter.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER A. DEFINITIONS.
22 TAC §179.1
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER B. REPORTING REQUIREMENTS
22 TAC §179.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §179.10, to explain the process utilized by the board for the potential disposition of certain complaints prior to the convening of an Informal Settlement Conference (ISC).
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER C. PRE-SETTLEMENT CONFERENCE RESOLUTION PROCESS
22 TAC §179.10
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §179.15, §179.16, to explain the content of the notice of the ISC to a licensee.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER D. INFORMAL SETTLEMENT CONFERENCE
22 TAC §179.15, §179.16
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §179.20, to explain the opportunity for a licensee to attend and provide oral argument to the board.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER E. CONTESTED CASE PROCEDURE
22 TAC §179.20
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §179.25, §179.26, to explain the process when the board has reason to believe a licensee is a “continuing threat.”
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER F. TEMPORARY SUSPENSION OR RESTRICTION PROCEEDINGS
22 TAC §179.25, §179.26
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §179.30, to explains the difference between an initial and final criminal conviction.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER G. SUSPENSION BY OPERATION OF LAW
22 TAC §179.30
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §179.35, to explain the board’s procedures when analyzing the unlicensed practice of a regulated profession.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER H. CEASE AND DESIST ORDERS
22 TAC §179.35
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §179.40, to explain the process when the board investigates complaints of bad faith participation and other consumer complaints in out-of-network billing cases.
CHAPTER 179. PROCEDURAL RULES
SUBCHAPTER I. OUT-OF-NETWORK BILLING
22 TAC §179.40
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 154 of the Texas Occupations Code, concerning Public Interest Information and Complaint Procedures, and Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§180.1 – 180.4, to repeal the current Chapter 180, concerning the Texas Physician Health Program.
CHAPTER 180. TEXAS PHYSICIAN HEALTH PROGRAM
22 TAC §§180.1 – 180.4
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 180, concerning Texas Physician Health Program, §§180.1 – 180.4. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7770). The repeals will not be republished.
The Board adopts new Chapter 180, concerning Disciplinary Guidelines. This includes new Subchapter A, concerning Violation Guidelines, §180.1; and Subchapter B, concerning Sanction Guidelines, §180.5. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7770). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapters 180 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §180.1, to outline the acts, practices, and conduct that are violations of the Medical Practice Act.
CHAPTER 180. DISCIPLINARY GUIDELINES
SUBCHAPTER A. VIOLATION GUIDELINES
22 TAC §180.1
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §180.5, to provide guidance on assessing remedial action or sanctions for violations of the Medical Practice Act.
CHAPTER 180. DISCIPLINARY GUIDELINES
SUBCHAPTER B. SANCTION GUIDELINES
22 TAC §180.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§181.1 – 181.7, to repeal the current Chapter 181, concerning contact lens prescriptions.
CHAPTER 181. CONTACT LENS PRESCRIPTIONS
22 TAC §§181.1 – 181.7
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 181, concerning Contact Lens Prescriptions, §§181.1 – 181.7. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7773). The repeals will not be republished.
The Board also adopts new Chapter 181, concerning Compliance Program, §§181.1 – 181.8. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7773). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160 – 200, repeal of Chapter 181 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§181.1 – 181.8, to outline the general compliance requirements for licensees subject to board action.
CHAPTER 181. CONTACT LENS PRESCRIPTIONS
22 TAC §§181.1 – 181.8
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 164 of the Texas Occupations Code, concerning Disciplinary Actions and Procedures. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§182.1, 182.3, 182.5, 182.8, to repeal the current Chapter 182, concerning the use of experts.
CHAPTER 182. USE OF EXPERTS
22 TAC §§182.1, 182.3, 182.5, 182.8
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 182, concerning Use of Experts, §182.1, §182.3, §182.5, and §182.8. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7776). The repeals will not be republished.
The Board also adopts new Chapter 182, concerning Texas Physician Health Program, §§182.1 – 182.4. The new sections are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7776). The rules will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 182 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§182.1 – 182.4, to explain the process of appointing and removing members of the Governing Board and Physician Health and Rehabilitation Advisory Committee, the Texas Physician Health Program’s (PHP) operation; and the process for accepting gifts, grants, and donations to the Governing Board.
CHAPTER 182. TEXAS PHYSICIAN HEALTH PROGRAM
22 TAC §§182.1 – 182.4
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §167.006. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§183.1 – 183.27, to repeal of current Chapter 183, concerning acupuncture.
CHAPTER 183. ACUPUNCTURE
22 TAC §§183.1 – 183.27
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 183, concerning Acupuncture, §§183.1 – 183.27. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7779). The repeals will not be republished.
The Board also adopts new Chapter 183, concerning Physician Assistants. This includes new Subchapter A, concerning Physician Assistant Board, §§183.1 – 183.5; Subchapter B, concerning Licensing and Registration, §§183.10 – 183.17; Subchapter C, concerning Practice Requirements, §183.20, and §183.21; and Subchapter D, concerning Board Processes and Procedures, §183.25. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7779). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 183 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§183.1 – 183.5, to explain the functions and duties of the Physician Assistant Board and its members.
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER A. PHYSICIAN ASSISTANT BOARD
22 TAC §§183.1 – 183.5
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §§204.101 and 204.102. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§183.10 – 183.17, to outline the general standards for licensure for a Physicians Assistants license
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER B. LICENSING AND REGISTRATION
22 TAC §§183.10 – 183.17
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §§204.101 and 204.102. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §183.20, §183.21, to state the reporting requirements of a license holder and specific requirements for physician assistants responsible for performing radiologic procedures.
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER C. PRACTICE REQUIREMENTS
22 TAC §183.20, §183.21
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §§204.101 and 204.102. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §183.25, to explains the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER D. BOARD PROCESSES AND PROCEDURES
22 TAC §183.25
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §§204.101 and 204.102. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§184.1 – 184.9, 184.12 – 184.26, to repeal the current Chapter 184, concerning surgical assistants.
CHAPTER 184. SURGICAL ASSISTANT
22 TAC §§184.1 – 184.9, 184.12 – 184.26
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 184, concerning Surgical Assistants §§184.1 – 184.9 and §§184.12 – 184.26. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7785). The repeals will not be republished.
The Board also adopts new Chapter 184, concerning Acupuncture. This includes new Subchapter A, concerning Acupuncture Board, §§184.1 – 184.4, Subchapter B, concerning Licensing and Registration, §§184.10 – 184.19, Subchapter C, concerning Practice Requirements, §§184.25 – 184.27, Subchapter D, concerning Board Processes and Procedures, §184.30; and Subchapter E, concerning Acudetox Specialists, §§184.35 – 184.37. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7785). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 184 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§184.1 – 184.4, to explain the function and duties of the Board and its members.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER A. ACUPUNCTURE BOARD
22 TAC §§184.1 – 184.4
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §205.101. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§184.10 – 184.19, to outline the general standards for licensure for a Texas acupuncture license.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER B. LICENSING AND REGISTRATION
22 TAC §§184.10 – 184.19
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §205.101. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§184.25 – 184.27, to outline the general requirements for keeping and maintaining adequate patient records, including retention periods.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER C. PRACTICE REQUIREMENTS
22 TAC §§184.25 – 184.27
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §205.101. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §184.30, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER D. BOARD PROCESSES AND PROCEDURES
22 TAC §184.30
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §205.101. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review an d consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§184.35 – 184.37, to outline the general requirements and process for certification to perform acudetox, including acupuncture certificate renewal.
CHAPTER 184. ACUPUNCTURE
SUBCHAPTER E. ACUDETOX SPECIALISTS
22 TAC §§184.35 – 184.37
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are also adopted under the authority of the Texas Occupations Code, §205.101. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§185.1 – 185.33, to repeal the current Chapter 185, concerning physician assistants.
CHAPTER 185. PHYSICIAN ASSISTANTS
22 TAC §§185.1 – 185.33
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 185, concerning Physician Assistants, §§185.1 – 185.33. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7794). The repeals will not be republished.
The Board also adopts new Chapter 185, concerning Surgical Assistants, §§185.1 – 185.11. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7794). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 185 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§185.1 – 185.11, to outline the general requirements for licensure for a Surgical Assistants license.
CHAPTER 185. SURGICAL ASSISTANTS
22 TAC §§185.1 – 185.11
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 206 of the Texas Occupations Code, concerning Surgical Assistants. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§186.1 – 186.14, 186.16 – 186.30, to repeal the current Chapter 186, concerning respiratory care practitioners.
CHAPTER 186. RESPIRATORY CARE PRACTITIONERS
22 TAC §§186.1 – 186.14, 186.16 – 186.30
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 186, concerning Respiratory Care Practitioners §§186.1 – 186.14 and §§186.16 – 186.30. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7798). The repeals will not be republished.
The Board also adopts new Chapter 186, concerning Medical Radiologic Technology. This includes new Subchapter A, concerning Texas Board of Medical Radiologic Technology, §§186.1 – 186.4; Subchapter B, concerning Medical Radiologic Technologist Certification, Registration, and Practice Requirements, §§186.10 – 186.21; Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §§186.25 – 186.32; Subchapter D, concerning Hardship Exemptions §186.40 and §186.41; Subchapter E, concerning Education Programs and Instructor Requirements, §186.45; and Subchapter F, concerning, Procedural Rules, §186.50 and §186.51. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7798). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 186 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§186.1 – 186.4, to explain the functions and duties of the Board and its members.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER A. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY
22 TAC §§186.1 – 186.4
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 601 of the Texas Occupations Code, concerning Medical Radiologic Technologists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§186.10 – 186.21, to outline the Radiologist Assistant requirements for certification.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER B. MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS
22 TAC §§186.10 – 186.21
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 601 of the Texas Occupations Code, concerning Medical Radiologic Technologists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§186.25 – 186.32, to outline specific documentation and payment of fee requirements that an NCT must provide in order to qualify for an NCT certification.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER C. NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS
22 TAC §§186.25 – 186.32
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 601 of the Texas Occupations Code, concerning Medical Radiologic Technologists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §186.40, §186.41, to explain the hardship exemption qualifications that a practitioner or hospital may qualify for if it meets specific outlined criteria.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER D. HARDSHIP EXEMPTIONS
22 TAC §186.40, §186.41
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 601 of the Texas Occupations Code, concerning Medical Radiologic Technologists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §186.45, to outline the LMRT and NCT accreditation of education programs and instructors.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER E. EDUCATION PROGRAMS AND INSTRUCTOR REQUIREMENTS
22 TAC §186.45
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 601 of the Texas Occupations Code, concerning Medical Radiologic Technologists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §186.50, §186.51, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER F. PROCEDURAL RULES
22 TAC §186.50, §186.51
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 601 of the Texas Occupations Code, concerning Medical Radiologic Technologists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.1 – 187.9, to repeal the current subchapter A, concerning general provisions and definitions.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS
22 TAC §§187.1 – 187.9
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 187, concerning Procedural Rules. This includes Subchapter A, concerning General Provisions and Definitions, §§187.1 – 187.9; Subchapter B, concerning Informal Board Proceedings, 187.10, 187.11, 187.13 – 187.16, 187.18 – 21; Subchapter C, concerning Formal Board Proceedings at SOAH, §§187.22 – 187.31, and 187.33; Subchapter D, concerning Formal Board Proceedings, §§187.35 – 187.37, 187.39 and 187.42; Subchapter E, concerning Proceedings Relating to Probationers, §§187.43 – 187.45; Subchapter F, concerning Temporary Suspension and Restriction Proceedings, §§187.55 – 187.62; Subchapter G, concerning Suspension by Operation of Law, §§187.70 – 187.72; Subchapter H, concerning Imposition of Administrative Penalty, §§187.75 – 187.82; Subchapter I, concerning Proceedings for Cease and Desist Orders, §187.83 and §187.84; and Subchapter J, concerning Procedures Related to Out-Of-Network Health Benefit Claim Dispute Resolution, §§187.85 – 187.89. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7809). The repeals will not be republished.
The Board also adopts new Chapter 187, concerning Respiratory Care Practitioners. This includes Subchapter A, concerning Texas Board of Respiratory Care, §§187.1 – 187.4; Subchapter B, concerning Certification and Registration, §§187.10 – 187.17; Subchapter C, concerning Practice Requirements, §187.20; Subchapter D, concerning Board Processes and Procedures, §187.25 and §187.26. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7809). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, the repeal of Chapter 187 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21, to repeal the current subchapter B, concerning informal board proceedings.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER B. INFORMAL BOARD PROCEEDINGS
22 TAC §§187.10, 187.11, 187.13 – 187.16, 187.18 – 187.21
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.22 – 187.31, 187.33, to repeal the current subchapter C, concerning formal board proceedings at SOAH.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER C. FORMAL BOARD PROCEEDINGS AT SOAH
22 TAC §§187.22 – 187.31, 187.33
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.35 – 187.37, 187.39, 187.42, to repeal the current subchapter D, concerning formal board proceedings.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER D. FORMAL BOARD PROCEEDINGS
22 TAC §§187.35 – 187.37, 187.39, 187.42
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.43 – 187.45, to repeal the current subchapter E, concerning proceedings relating to probationers.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER E. PROCEEDINGS RELATING TO PROBATIONERS
22 TAC §§187.43 – 187.45
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.55 – 187.62, to repeal the current subchapter F, concerning the temporary suspension and restriction proceedings.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER F. TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS
22 TAC §§187.55 – 187.62
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.70 – 187.72, to repeal the current subchapter G, concerning suspension by the operation of law.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER G. SUSPENSION BY OPERATION OF LAW
22 TAC §§187.70 – 187.72
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.75 – 187.82, to repeal the current subchapter H, concerning the imposition of administrative penalties.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER H. IMPOSITION OF ADMINISTRATIVE PENALTY
22 TAC §§187.75 – 187.82
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §187.83, §187.84, to repeal the current subchapter I, concerning proceedings for cease and desist orders.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER I. PROCEEDINGS FOR CEASE AND DESIST ORDERS
22 TAC §187.83, §187.84
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
CHAPTER 187. PROCEDURAL RULES
SUBCHAPTER J. PROCEDURES RELATED TO OUT-OF-NETWORK HEALTH BENEFIT CLAIM DISPUTE RESOLUTION
22 TAC §§187.85 – 187.89
OVERVIEW
The repeal of Chapter 187 is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeals are adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.1 – 187.4, to explain the functions and duties of the Board and its members.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER A. TEXAS BOARD OF RESPIRATORY CARE
22 TAC §§187.1 – 187.4
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 604 of the Texas Occupations Code, concerning Respiratory Care Practitioners. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§187.10 – 187.17, to outline the general requirements for licensure for a Respiratory Care Practitioners certification.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER B. CERTIFICATION AND REGISTRATION
22 TAC §§187.10 – 187.17
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 604 of the Texas Occupations Code, concerning Respiratory Care Practitioners. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER C. PRACTICE REQUIREMENTS
22 TAC §187.20
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 604 of the Texas Occupations Code, concerning Respiratory Care Practitioners. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §187.25, §187.26, to explain the applicable rules applied to complaints and investigations, disciplinary guidelines and sanctions, and compliance.
CHAPTER 187. RESPIRATORY CARE PRACTITIONERS
SUBCHAPTER D. BOARD PROCESSES AND PROCEDURES
22 TAC §187.25, §187.26
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with Chapter 604 of the Texas Occupations Code, concerning Respiratory Care Practitioners. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30, to repeal the current Chapter 188, concerning perfusionists.
CHAPTER 188. PERFUSIONISTS
22 TAC §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 188, concerning Perfusionists, §§188.1 – 188.15, 188.17 – 188.24, 188.26, 188.28 – 188.30. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7818). The repeals will not be republished.
The Board also adopts new Chapter 188, concerning Perfusionists, §§188.1 – 188.14. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7818). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 188 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§188.1 – 188.14, to outline the general licensure requirements for a Texas Perfusionist license.
CHAPTER 188. PERFUSIONISTS
22 TAC §§188.1 – 188.14
OVERVIEW
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 603, Texas Occupations Code, concerning Perfusionists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §§189.1 – 189.16, to repeal the current Chapter 189, concerning the compliance program.
CHAPTER 189. COMPLIANCE PROGRAM
22 TAC §§189.1 – 189.16
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 189, concerning Compliance Program, §§189.1 – 189.16. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7821). The repeals will not be republished.
The Board also adopts new Chapter 189, concerning Medical Physicists, §§189.1 – 189.13. The new sections are being adopted with non-substantive changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7821). The rules will be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200, repeal of Chapter 189 is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§189.1 – 189.13, to outline the general requirements and specific documentation necessary for an applicant to obtain a Medical Physicist license.
CHAPTER 189. MEDICAL PHYSICISTS
22 TAC §§189.1 – 189.13
The new rules are adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rules are adopted in accordance with the requirements of Chapter 602, Texas Occupations Code, concerning Perfusionists. The new rules are also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
Adopting 22 TAC §190.1, §190.2, to repeal the current subchapter A, concerning general provision.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §190.1, §190.2
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 190, concerning Disciplinary Guidelines. This includes Subchapter A, concerning General Provisions, §190.1 and §190.2; Subchapter B, concerning Violation Guidelines, §190.8; Subchapter C, concerning Sanction Guidelines, §190.14 and §190.15; and Subchapter D, concerning Administrative Penalties, §190.16. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7826). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 190 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §190.8, to repeal the current subchapter B, concerning violation guidelines.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER B. VIOLATION GUIDELINES
22 TAC §190.8
OVERVIEW
The repeal is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeal is adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §190.14, §190.15, to repeal the current subchapter C, concerning sanction guidelines.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER C. SANCTION GUIDELINES
22 TAC §190.14, §190.15
OVERVIEW
The repeal is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeal is adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §190.16, to repeal the current subchapter D, concerning administrative penalties.
CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER D. ADMINISTRATIVE PENALTIES
22 TAC §190.16
OVERVIEW
The repeal is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeal is adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§191.1 – 191.5, to repeal the current Chapter 191, concerning District Review Committees.
CHAPTER 191. DISTRICT REVIEW COMMITTEES
22 TAC §§191.1 – 191.5
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 191, concerning District Review Committees, §§191.1-191.5. The repeals are being adopted without changes to the proposal as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8015). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 191 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§192.1 – 192.6, to repeal the current Chapter 192, concerning office-based anesthesia services.
CHAPTER 192. OFFICE-BASED ANESTHESIA SERVICES
22 TAC §§192.1 – 192.6
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 192, concerning Office-Based Anesthesia Services, §§192.1 – 192.6. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7828). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 192 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§193.1 – 193.7, 193.9 – 193.20, to repeal the current Chapter 193, concerning standing delegation orders.
CHAPTER 193. STANDING DELEGATION ORDERS
22 TAC §§193.1 – 193.7, 193.9 – 193.20
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 193, concerning Standing Delegation Orders, §§193.1 – 193.7, §§193.9 – 193.20. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7829). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 193 in its entirety is more efficient than proposing multiple amendments to make the required changes.
CHAPTER 194. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER A. CERTIFICATE HOLDERS, NON-CERTIFIED TECHNICIANS, AND OTHER AUTHORIZED INDIVIDUALS OR ENTITIES
22 TAC §§194.1 – 194.13, 194.15 – 194.34
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 194, concerning Medical Radiologic Technology. This includes Subchapter A, concerning Certificate Holders, Non-Certified Technicians, and Other Authorized Individuals or Entities, §§194.1 – 194.13, §§194.15 – 194.34. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7830). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 194 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§195.1 – 195.5, to repeal the current Chapter 195, concerning pain management clinics.
CHAPTER 195. PAIN MANAGEMENT CLINICS
22 TAC §§195.1 – 195.5
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 195, concerning Pain Management Clinics, §§195.1 – 195.5. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7831). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 195 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§196.1, 196.2, 196.4, 196.5, to repeal the current chapter 196, concerning voluntary relinquishment or surrender of a medical license.
CHAPTER 196. VOLUNTARY RELINQUISHMENT OR SURRENDER OF A MEDICAL LICENSE
22 TAC §§196.1, 196.2, 196.4, 196.5
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 196, concerning Voluntary Relinquishment or Surrender of a Medical License, §§196.1, 196.2, 196.4, and 196.5. The repeals are being adopted without changes to the proposal as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8016). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 196 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§197.1 – 197.7, to repeal the current Chapter 197, concerning emergency medical services.
CHAPTER 197. EMERGENCY MEDICAL SERVICE
22 TAC §§197.1 – 197.7
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 197, concerning Emergency Medical Services, §§197.1 – 197.7. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7832). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 197 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§198.1 – 198.4, to repeal the current subchapter A, concerning the standards for the use of investigational drugs, biological products, or devices.
CHAPTER 198. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER A. STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES
22 TAC §§198.1 – 198.4
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 198, concerning Standards for Use of Investigational Agents. This includes Subchapter A, concerning Standards for Use of Investigational Drugs, Biological Products, Or Devices, §§198.1 – 198.4; and Subchapter B, concerning Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses, §198.5 and §198.6. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7833). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 198 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §198.5, §198.6, to repeal the current subchapter B, concerning investigational stem cell treatments for patients with certain severe chronic diseases or terminal illnesses.
CHAPTER 198. STANDARDS FOR USE OF INVESTIGATIONAL AGENTS
SUBCHAPTER B. INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES
22 TAC §198.5, §198.6
OVERVIEW
The repeal is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce Subtitle B of Title 3 of the Texas Occupations Code. The repeal is adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
Adopting 22 TAC §§199.1 – 199.6, to repeal the current Chapter 199, concerning public information.
CHAPTER 199. PUBLIC INFORMATION
22 TAC §§199.1 – 199.6
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 199, concerning Public Information, §§199.1, 199.6. The repeals are being adopted without changes to the proposal as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8017). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 199 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Adopting 22 TAC §§200.1 – 200.3, to repeal the current Chapter 200, concerning the standards for physicians practicing complementary and alternative medicine.
CHAPTER 200. STANDARDS FOR PHYSICIANS PRACTICING COMPLEMENTARY AND ALTERNATIVE MEDICINE
22 TAC §§200.1 – 200.3
OVERVIEW
The Texas Medical Board (Board) adopts the repeal of current Chapter 200, concerning Standards for Physicians Practicing Complementary and Alternative Medicine, §§200.1 – 200.3. The repeals are being adopted without changes to the proposal as published in the September 27, 2024, issue of the Texas Register (49 TexReg 7835). The repeals will not be republished.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 200 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Texas Department of State Health Services
Transferred Rules Re:
Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 133 to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 505.
OVERVIEW
During 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. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 133, Hospital Licensing, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 505, Hospital Licensing.
Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 140, Subchapter I to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 562.
OVERVIEW
During 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. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 140, Health Professions Regulation, Subchapter I, Licensed Chemical Dependency Counselors, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 562, Licensed Chemical Dependency Counselors.
Texas Health and Human Services Commission:
Transferred Rules Re:
Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 133, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 505.
OVERVIEW
During 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. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 133, Hospital Licensing, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 505, Hospital Licensing.
Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 140, Subchapter I to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 562.
OVERVIEW
During 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. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 140, Health Professions Regulation, Subchapter I, Licensed Chemical Dependency Counselors, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 562, Licensed Chemical Dependency Counselors.