Texas Register Table of Contents
- 1 The Governor
- 2 Texas Board of Nursing
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 22 TAC §213.10 to add the new Texas Nurse Portal as an additional avenue to provide notice to applicants and licensees in certain circumstances.
- 2.0.1.2 Amending 22 TAC §217.5 to eliminate the need for a military spouse applicant to submit proof of residency in Texas in order to obtain single state licensure and practice in Texas.
- 2.0.1.3 Amending 22 TAC §228.1 to clarify requirements related to owning or operating a pain management clinic that is subject to the certification requirements of the Occupations Code Chapter 168.
- 2.0.1 Proposed Rules Re:
- 3 Department of Assistive and Rehabilitative Services
- 4 Texas Health and Human Services Commission
- 5 Department of State Health Services
The Governor
Proclamation 41-3869
The Governor issued Proclamation 41-3869 to renew the disaster proclamation for all counties in Texas in response to the ongoing COVID-19 pandemic.
OVERVIEW
In accordance with the authority vested by Section 418.014 of the Texas Government Code, the Governor does hereby renew the disaster proclamation for all counties in Texas.
BACKGROUND AND JUSTIFICATION
Pursuant to Section 418.017, the Governor authorizes the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.
Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to cope with this declared disaster, the Governor hereby suspends such statutes and rules for the duration of this declared disaster for that limited purpose.
Texas Board of Nursing
Proposed Rules Re:
Amending 22 TAC §213.10 to add the new Texas Nurse Portal as an additional avenue to provide notice to applicants and licensees in certain circumstances.
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC §213.10
OVERVIEW
The Texas Board of Nursing (Board) proposes amendments to 22 Texas Administrative Code §213.10, relating to Notice and Service. The amendments are being proposed under the authority of the Occupations Code §301.151.
BACKGROUND AND JUSTIFICATION
The new Texas Nurse Portal (Portal), which was launched by the Board on June 15, 2020, is a paperless, confidential, and secure system that allows individuals to apply for nurse licensure by examination and endorsement and renew their licenses. The use of the Portal has moved the Board toward a paperless work flow in the Board’s offices and allows the Board to communicate with applicants and licensees directly through the Portal. This online communication is often more efficient and reliable than more traditional methods, such as certified, registered, or first class mail. The proposed amendments add the Portal as a new avenue to provide notice to applicants and licensees in circumstances where state law does not specifically require notice to be sent via first class, registered, or certified mail. In those cases, Board notice will continue to be given as specified in existing subsections (a) – (e) of the rule. Notices sent via the Portal may include mandatory notices required by the Nursing Practice Act and the Nurse Licensure Compact for multistate privilege licensure, as well as courtesy notices and routine communication provided by the Board. Further, the Board has already adopted rules incorporating the use of the Portal into its communication with applicants and licensees as it relates to the change of an applicant or licensee’s name and/or address (Texas Register, 46 Tex Reg 555). The proposed amendments are consistent with the Board’s uniform transition to a more efficient online licensure system.
SECTION-BY-SECTION SUMMARY
Proposed new §213.10(f) provides that, notwithstanding subsections (a) – (e) of the section, notice required by a rule adopted by the Interstate Commission of Nurse Licensure Compact Administrators will be considered effective and service will be considered complete when made electronically through the Texas Nurse Portal accessible through the Board’s website. Additionally, proposed new §213.10(g) provides that, notwithstanding subsections (a) – (e) of the section, notice not specifically required by state law to be provided through first class, certified, or registered mail, return receipt requested, may be made electronically through the Texas Nurse Portal accessible through the Board’s website and will be considered effective and complete when made through this method. Subsections (a) – (e) contain provisions relate to notice provided via registered or certified mail and will not apply to notice provided under the proposed amendments.
Amending 22 TAC §217.5 to eliminate the need for a military spouse applicant to submit proof of residency in Texas in order to obtain single state licensure and practice in Texas.
CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE
22 TAC §217.5
OVERVIEW
The Texas Board of Nursing (Board) proposes amendments to 22 Texas Administrative Code §217.5, relating to Temporary License and Endorsement. The amendment is being proposed under the authority of the Occupations Code §301.151 and House Bill (HB) 139, effective September 1, 2021.
BACKGROUND AND JUSTIFICATION
HB 139, enacted during the 87th Regular Legislative Session, requires a state agency that issues a license that has a residency requirement for license eligibility to adopt rules regarding the documentation necessary for a military spouse applicant to establish residency, including by providing to the agency a copy of the permanent change of station order for the military service member to whom the spouse is married. Current Board Rule 217.5(h) includes in its eligibility requirements for a military spouse applicant proof of residency in Texas. However, proof of residency in Texas is not necessary for the issuance of single state licensure for these applicants. A military spouse applicant wishing to obtain a multistate license under the Nurse Licensure Compact must declare Texas as his/her home state on the application and submit proof of residency required under the Occupations Code Chapter 304 and related compact rules. However, a military spouse applicant is not required to obtain a multistate license to practice nursing in the State of Texas; a military spouse applicant may practice nursing in Texas by obtaining a single state license, which does not require proof of residency. In an effort to conform to the requirements of HB 139, remove any unnecessary impediments to single state licensure in Texas for military spouse applicants, and clarify the applicability of the existing rule, the proposed amendment eliminates the language in subsection (h)(1)(B) relating to proof of residency.
SECTION-BY-SECTION SUMMARY
Section 217.5(h) relates to out-of-state licensure of military spouse applicants. The proposed amendment eliminates the need for a military spouse applicant to submit proof of residency in Texas in order to obtain single state licensure and practice in Texas.
CHAPTER 228. PAIN MANAGEMENT
22 TAC §228.1
OVERVIEW
The Texas Board of Nursing (Board) proposes amendments to §228.1, relating to Standards of Practice. The amendments are being proposed under the authority of the Occupations Code §301.151 and Chapters 157 and 168.
BACKGROUND AND JUSTIFICATION
In April 2018, and in accordance with the Government Code §2001.039, the Texas Board of Nursing (Board) filed a notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, §228.1 contained in Title 22, Part 11, of the Texas Administrative Code, pursuant to the 2015 rule review plan adopted by the Board at its July 2015 meeting. The proposed rule review was published in the Texas Register on April 6, 2018, (43 Tex Reg 2167) for public comment. Written comments were received from the APRN Alliance (Alliance). The Board considered the written comments at its July 2018 meeting and charged the Board’s Advanced Practice Nursing Advisory Committee (APNAC) with reviewing the written comments and making recommendations to the Board regarding amendments to §228.1. The APNAC met on December 10, 2018, to consider the Board’s charge. At its October 2021 Board meeting, the Board considered the Alliance’s written comments; the APNAC’s recommendations regarding amendments to §228.1; and Board Staff’s recommendations regarding amendments to the rule. The Board decided to make some, but not all, of the Alliance’s suggested changes to the rule. The Board re-adopted §228.1 without changes in the November 26, 2021, edition of the Texas Register to complete the outstanding rule review and is now proposing amendments to §228.1 to address some of the Alliance’s written comments in this separate proposal.
SECTION-BY-SECTION SUMMARY
The proposed amendments to §228.1(i) eliminate existing paragraphs (1), (2), and (4) from the subsection and re-arrange the remainder of the subsection accordingly. The proposed amendment to §228.1(i)(5) clarifies that an APRN cannot own or operate a pain management clinic that is subject to the certification requirements of the Occupations Code Chapter 168.
Department of Assistive and Rehabilitative Services
Transferred Rules Re:
Transferring the former DARS rules in Chapter 106, Division for Blind Services, Subchapter I, Blind Children’s Vocational Discovery and Development Program, and Subchapter J, Blindness Education, Screening, and Treatment Program are being transferred to 26 TAC Part 1, Chapter 359, Division for Blind Services.
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, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(a), specified the Department of Assistive and Rehabilitative Services (DARS) be abolished September 1, 2017, after all its functions were transferred to HHSC or the Department of Family and Protective Services in accordance with Texas Government Code, §531.0201. The former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 106, Division for Blind Services, Subchapter I, Blind Children’s Vocational Discovery and Development Program, and Subchapter J, Blindness Education, Screening, and Treatment Program are being transferred to 26 TAC Part 1, Chapter 359, Division for Blind Services.
The rules will be transferred in the Texas Administrative Code effective February 1, 2022.
A table outlining the rule transfer can be found in this week’s issue of the Texas Register at 47 Tex Reg 35.
Texas Health and Human Services Commission
Transferred Rules Re:
Transferring the former DARS rules in Chapter 106, Division for Blind Services, Subchapter I, Blind Children’s Vocational Discovery and Development Program, and Subchapter J, Blindness Education, Screening, and Treatment Program to 26 TAC Part 1, Chapter 359, Division for Blind Services.
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, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(a), specified the Department of Assistive and Rehabilitative Services (DARS) be abolished September 1, 2017, after all its functions were transferred to HHSC or the Department of Family and Protective Services in accordance with Texas Government Code, §531.0201. The former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 106, Division for Blind Services, Subchapter I, Blind Children’s Vocational Discovery and Development Program, and Subchapter J, Blindness Education, Screening, and Treatment Program are being transferred to 26 TAC Part 1, Chapter 359, Division for Blind Services.
The rules will be transferred in the Texas Administrative Code effective February 1, 2022.
A table outlining the rule transfer can be found in this week’s issue of the Texas Register at 47 Tex Reg 35.
In Addition Re:
Public Notice – Texas State Plan for Medical Assistance Amendment
OVERVIEW
The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
BACKGROUND AND JUSTIFICATION
The purpose of the amendment is to adjust the payment rate methodology for Primary Home Care attendant base wages. The amendment is proposed in order to implement the requirements of the 2020-21 General Appropriations Act, House Bill 1, 86th Legislature, Regular Session, 2019 (Article II, HHSC, Rider 45). The proposed amendment is effective January 1, 2022.
To obtain a copy of the proposed amendment, interested parties may contact Holly Freed, State Plan Team Lead, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 428-1932; by facsimile at (512) 730-7472; or by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. At this time, HHSC is encouraging communications be sent via email. Copies of the proposed amendment will be available for review at the local county offices of HHSC, (which were formerly the local offices of the Texas Department of Aging and Disability Services).
Department of State Health Services
In Addition Re:
Licensing Actions for Radioactive Materials
OVERVIEW
During the second half of November 2021, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials as listed in the tables (in alphabetical order by location). The subheading “Location” indicates the city in which the radioactive material may be possessed and/or used. The location listing “Throughout TX [Texas]” indicates that the radioactive material may be used on a temporary basis at locations throughout the state.
BACKGROUND AND JUSTIFICATION
In issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.
A person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.
Further details can be found in this week’s issue of the Texas Register at 47 Tex Reg 48.