Texas Register January 5, 2024 Volume: 49 Number: 1

Texas Register Table of Contents

Texas Optometry Board

Proposed Rules Re:

Amending 22 TAC §279.1, to require that an optometrist or therapeutic optometrist personally examine the patient for three of the ten findings during an initial visit for contact lenses.

CHAPTER 279. INTERPRETATIONS
22 TAC §279.1

OVERVIEW

The Texas Optometry Board proposes amendments to 22 TAC Title 14 Chapter 279, §279.1 – Contact Lens Examination.

The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code §2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.

The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to §279.1 as currently in effect are necessary to clarify the statute.

BACKGROUND AND JUSTIFICATION

This section of the Board’s rules clarifies Texas Optometry Act §351.353 which requires ten specific findings to be made and recorded during an initial examination of a patient in which an ophthalmic contact lens prescription is to be made. As outlined in statute, these ten findings are to ensure the adequate examination of a patient. The rule does not set guidance for medical or routine refraction visits between a patient and an optometrist – only the initial visit for a prescription for contacts. The rule as currently written sets out that three of the ten findings during an initial visit must be performed by the licensed optometrist while the other seven findings may be delegated to an assistant with oversight by the licensed optometrist. Additionally, Texas Optometry Act §351.453 states “an optometrist or therapeutic optometrist may not sign, or cause to be signed, an ophthalmic lens prescription without first personally examining the eyes of the person for whom the prescription is made.”


Amending 22 TAC §279.3, to require that an optometrist or therapeutic optometrist personally examine the patient for three of the ten findings during an initial visit for a spectacle prescription.

CHAPTER 279. INTERPRETATIONS
22 TAC §279.3

OVERVIEW

The Texas Optometry Board proposes amendments to 22 TAC Title 14 Chapter 279, §279.3 – Spectacle Examination.

The rules in the Chapter 279 were reviewed as a result of the Board’s general rule review under Texas Government Code §2001.039. Notice of the review was published in the June 10, 2022, issue of the Texas Register (47 TexReg 3487). No comments were received regarding the Board’s notice of review.

The Board has determined that there continues to be a need for the rules in Chapter 279. The Board has also determined that changes to §279.3 as currently in effect are necessary to clarify the statute.

BACKGROUND AND JUSTIFICATION

This section of the Board’s rules clarifies Texas Optometry Act §351.353 which requires ten specific findings to be made and recorded during an initial examination of a patient in which an ophthalmic spectacle prescription is to be made. As outlined in statute, these ten findings are to ensure the adequate examination of a patient. The rule does not set guidance for medical or routine refraction visits between a patient and an optometrist – only the initial visit for a prescription for spectacles (glasses). The rule as currently written sets out that three of the ten findings during an initial visit must be performed by the licensed optometrist while the other seven findings may be delegated to an assistant with oversight by the licensed optometrist. Additionally, Texas Optometry Act §351.453 states “an optometrist or therapeutic optometrist may not sign, or cause to be signed, an ophthalmic lens prescription without first personally examining the eyes of the person for whom the prescription is made.”


Texas Health and Human Services Commission

Proposed Rule Reviews Re:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter related to Medicaid and CHIP Electronic Health Information.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:

Chapter 356, Medicaid and CHIP Electronic Health Information

Subchapter A Medicaid Electronic Health Record

Subchapter B Medicaid Electronic Health Record Incentive Payment Program


Texas Department of State Health Services

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter pertaining to End Stage Renal Disease Facilities.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 117, End Stage Renal Disease Facilities

Subchapter A General Provisions

Subchapter B Application and Issuance of a License

Subchapter C Minimum Standards for Equipment, Water Treatment and Reuse, And Sanitary and Hygienic Conditions

Subchapter D Minimum Standards for Patient Care and Treatment

Subchapter E Dialysis Technicians

Subchapter F Corrective Action Plan and Enforcement

Subchapter G Fire Prevention and Safety Requirements

Subchapter H Physical Plant and Construction Requirements


Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter pertaining to Standard of Care.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 448, Standard of Care

Subchapter A Definitions

Subchapter B Standard of Care Applicable to All Providers

Subchapter D Facility Licensure Information

Subchapter E Facility Requirements

Subchapter F Personnel Practices and Development

Subchapter G Client Rights

Subchapter H Screening and Assessment

Subchapter I Treatment Program Services

Subchapter J Medication

Subchapter K Food and Nutrition

Subchapter L Residential Physical Plant Requirements

Subchapter M Court Commitment Services

Subchapter N Therapeutic Communities

Subchapter O Faith Based Chemical Dependency Programs


In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 70.


Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 76.


Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 81.


Department of Aging and Disability Services

Proposed Rule Reviews Re:

Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 40, Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program


Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Service Responsibility Option.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 43, Service Responsibility Option

Subchapter A Introduction

Subchapter B Responsibilities of Individuals Choosing to Participate In The SRO

Subchapter C Responsibilities of An SRO Provider

Subchapter D Termination of the SRO

Subchapter E Support Consultation

Subchapter F Budget

Subchapter G Reporting Allegations

Subchapter H Oversight


Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Contracting to Provide Home-Delivered Meals.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 55, Contracting to Provide Home-Delivered Meals


Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE).

OVERVIEW

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 60, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE)