Texas Register Table of Contents
- 1 Governor
- 2 Governor
- 3 Governor
- 4 Texas Medical Board
- 5 Texas Health and Human Services Commission
- 6 Texas Health and Human Services Commission
- 7 Texas State Board of Examiners of Psychologists
- 8 Texas State Board of Examiners of Psychologists
- 9 Texas State Board of Examiners of Psychologists
- 10 Texas State Board of Examiners of Psychologists
- 11 Texas State Board of Examiners of Psychologists
- 12 Texas State Board of Examiners of Psychologists
- 13 Texas State Board of Examiners of Psychologists
- 14 Texas State Board of Examiners of Psychologists
- 15 Texas State Board of Examiners of Psychologists
- 16 Texas State Board of Examiners of Psychologists
- 17 Texas State Board of Examiners of Psychologists
- 18 Texas State Board of Examiners of Psychologists
- 19 Texas State Board of Examiners of Psychologists
- 20 Texas State Board of Examiners of Psychologists
- 21 Texas State Board of Examiners of Psychologists
- 22 Texas State Board of Examiners of Psychologists
- 23 Texas State Board of Examiners of Psychologists
- 24 Texas Department of State Health Services
- 25 Texas Health and Human Services Commission
- 26 Texas Health and Human Services Commission
- 27 Texas Health and Human Services Commission
- 28 Texas Health and Human Services Commission
- 29 Texas Health and Human Services Commission
- 30 Texas Health and Human Services Commission
- 31 Employees Retirement System of Texas
- 32 Employees Retirement System of Texas
- 33 Employees Retirement System of Texas
- 34 Employees Retirement System of Texas
- 35 Texas Medical Board
- 36 Texas Medical Board
- 37 Texas Behavioral Health Executive Council
- 38 Texas Behavioral Health Executive Council
- 39 Texas Behavioral Health Executive Council
- 40 Texas Behavioral Health Executive Council
- 41 Texas Behavioral Health Executive Council
- 42 Texas Behavioral Health Executive Council
- 43 Texas Behavioral Health Executive Council
- 44 Texas Behavioral Health Executive Council
- 45 Texas Behavioral Health Executive Council
- 46 Texas Behavioral Health Executive Council
- 47 Texas Behavioral Health Executive Council
- 48 Texas Behavioral Health Executive Council
- 49 Texas Behavioral Health Executive Council
- 50 Texas Behavioral Health Executive Council
- 51 Texas Behavioral Health Executive Council
- 52 Texas Behavioral Health Executive Council
- 53 Texas Behavioral Health Executive Council
- 54 Texas Behavioral Health Executive Council
- 55 Texas Behavioral Health Executive Council
- 56 Texas Behavioral Health Executive Council
- 57 Texas Behavioral Health Executive Council
- 58 Texas Behavioral Health Executive Council
- 59 Texas Optometry Board
- 60
Governor
Notices
Executive Order GA-28: Limiting the re-opening of Texas in response to COVID-19
In accordance with guidance from DSHS Commissioner, Dr. Hellerstedt and other medical advisors, the Governor’s Strike Force to Open Texas, the White House, and the CDC, the Governor orders that, effective on June 26, 2020, every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment. The Governor also includes a list of businesses to which the capacity rule does not apply. This list of exceptions is detailed in this week’s edition of the Texas Register.In relevant part, Executive Order GA-28 includes the following limitation:People shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless as determined through guidance from the Texas Health and Human Services Commission (HHSC). Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow infection control policies and practices set forth by HHSC, including minimizing the movement of staff between facilities whenever possible
Governor
Notices
Proclamation 41-3744: Renewing the disaster proclamation for all Texas counties in response to COVID-19
The Governor has renewed the disaster proclamation for all Texas Counties in response to COVID-19. The disaster proclamation implicates the following protocols: Pursuant to Section 418.017, I authorize 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(a), I hereby continue the suspension of all relevant provisions within Chapter 1701 of the Texas Occupations Code, as well as Title 37, Chapters 211-229 of the Texas Administrative Code, to the extent necessary for the Texas Commission on Law Enforcement to allow federal law enforcement officers to perform peace officer duties in Texas. Additionally, 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, I hereby suspend such statutes and rules for the duration of this declared disaster for that limited purpose.
Governor
Notices
Proclamation 41-3745: Requiring certain hospitals in Cameron, Hidalgo, Nueces, and Webb counties to suspend elective surgeries
The Governor has added Cameron, Hidalgo, Nueces, and Webb Counties to Executive Order 27, which requires hospitals in certain Texas counties to suspend elective surgeries. Executive Order 27, published at 45 Tex Reg 4421, requires every hospital that is licensed under Chapter 241 of the Texas Health and Safety Code, and is also located in Bexar, Dallas, Harris, or Travis counties [or Cameron, Hidalgo, Nueces, and Webb counties], to postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition of, or to preserve the life of, a patient who without timely performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient’s physician. Exception: This prohibition shall not apply to any surgery or procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete any hospital capacity needed to cope with the COVID-19 disaster.Scope: The governor may, by proclamation, add to or subtract from the list of counties covered by this prohibition.This executive order does not supersede Executive Orders GA-10, GA-13, GA-17, GA-19, GA-24, GA-25, or GA-26. Effective Duration:This executive order shall remain in effect and in full force until modified, amended, rescinded, or superseded by the governor.
Texas Medical Board
Emergency Rule
Amending 22 TAC §174.5 to allow the prescription of certain scheduled drugs for the treatment chronic pain using telemedicine
CHAPTER 174. TELEMEDICINESUBCHAPTER A. TELEMEDICINE22 TAC §174.5OVERVIEWThe Texas Medical Board (Board) adopts, on an emergency basis, amendments to 22 TAC §174.5, effective July 5, 2020, at 12:00 a.m.The emergency amendment would allow physicians to utilize telemedicine to issue refill prescriptions for scheduled medications to established chronic pain patients if the physician determines that such telemedicine treatment is needed due to the COVID-19 pandemic.DURATIONPursuant to Section 2001.034 and 2001.036(a)(2) of the Texas Government Code, the amendment is adopted on an emergency basis and with an expedited effective date because an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. The emergency amendment shall be in effect for only 60 days or the duration of the time period that the Governor’s disaster declaration of March 13, 2020, in response to the COVID-19 pandemic is in effect, whichever is shorter, pursuant to Section 2001.034 of the Texas Government Code.BACKGROUND AND JUSTIFICATIONOn March 13, the Governor of Texas certified COVID-19 as posing an imminent threat of disaster to the public health and safety and declared a state of disaster in all counties of Texas. On March 19, 2020, the Texas Governor issued a waiver suspending the strict enforcement of §174.5(e)(2)(A) which generally prohibits the utilization of telemedicine to prescribe scheduled drugs for the treatment of chronic pain. The waiver was issued in order to protect public health and curb the spread of COVID-19 by providing patients access to schedule drugs needed to ensure on-going treatment of chronic pain and avoid potential adverse consequences associated with the abrupt cessation of pain medication. The waiver was extended on April 9, 2020, and again on May 8, 2020. The waiver expired at 11:59 p.m. on June 5, 2020. Upon expiration of the waiver, the Board adopted, on an emergency basis, amendments to 22 TAC §174.5, which is set to expire at 11:59 p.m. on July 4, 2020.Therefore, the emergency amendment to §174.5(e) is immediately necessary to help the state’s physicians, physician assistants and other health care professionals continue to mitigate the risk of exposure to COVID-19 and provide necessary medical services to related to chronic pain management with controlled substances for patients. Pursuant to the Governor’s declaration of disaster issued on March 13, 2020, related to COVID-19, physicians determining whether to utilize telemedicine medical services for the treatment of chronic pain with scheduled medications, must give due consideration to additional important parameters to ensure the safety of the patient.
Texas Health and Human Services Commission
Emergency Rule
Amending 26 TAC §303.502 to establish revised training requirements for new habilitation coordinators at LIDDAs, LMHAs, and LBHAs
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER E. HABILITATION COORDINATION26 TAC §303.502OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code (TAC), Chapter 303, Preadmission Screening and Resident Review (PASRR), amended 303.502(a) in response to COVID-19. The amended section ensures local intellectual and developmental disability authorities (LIDDAs), local mental health authorities (LMHAs), and local behavioral health authorities (LBHAs) who hire new habilitation coordinators can continue providing essential services to eligible residents of nursing facilities. To protect designated residents and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting the emergency amendment to allow new habilitation coordinators at a LIDDA, LMHA, or LBHA to meet revised training requirements before conducting PASRR evaluations and resident reviews, providing habilitation coordination, or providing service coordination for transition planning. Rather than attend HHSC in-person PASRR trainings, which are suspended during the COVID-19 pandemic to comply with social distancing requirements, new habilitation coordinators must complete HHSC computer-based training and local training from the LIDDA, LMHA, or LBHA. LIDDAs also currently do not have access to HHSC-approved person-centered thinking trainings. For new habilitation coordinators who have not attended HHSC-developed in-person PASRR trainings or HHSC-approved person-centered thinking training, the LIDDA, LMHA, or LBHA must ensure a supervisor, team lead, or quality monitoring staff person who has successfully completed the training reviews and signs off on the employee’s work.DURATIONAs authorized by Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that COVID-19 poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of emergency amendments in 26 TAC Chapter 303, Subchapters C, E, and G.
Texas Health and Human Services Commission
Emergency Rule
Amending 26 TAC §303.703 to establish revised training requirements for new transition planning coordinators at LIDDAs, LMHAs, and LBHAs
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER G. TRANSITION PLANNING26 TAC §303.703OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code (TAC), Chapter 303, Preadmission Screening and Resident Review (PASRR), amended §303.703(b) in response to COVID-19. The amended section ensures local intellectual and developmental disability authorities (LIDDAs), local mental health authorities (LMHAs), and local behavioral health authorities (LBHAs) who hire new transition planning coordinators can continue providing essential services to eligible residents of nursing facilities. To protect designated residents and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting the emergency amendment to allow new transition planning coordinators at a LIDDA, LMHA, or LBHA to meet revised training requirements before conducting PASRR evaluations and resident reviews, providing habilitation coordination, or providing service coordination for transition planning. Rather than attend HHSC in-person PASRR trainings, which are suspended during the COVID-19 pandemic to comply with social distancing requirements, new transition planning coordinators must complete HHSC computer-based training and local training from the LIDDA, LMHA, or LBHA. LIDDAs also currently do not have access to HHSC-approved person-centered thinking trainings. For new transition planning coordinators who have not attended HHSC-developed in-person PASRR trainings or HHSC-approved person-centered thinking training, the LIDDA, LMHA, or LBHA must ensure a supervisor, team lead, or quality monitoring staff person who has successfully completed the training reviews and signs off on the employee’s work.DURATIONAs authorized by Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that COVID-19 poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of emergency amendments in 26 TAC Chapter 303, Subchapters C, E, and G.
Texas State Board of Examiners of Psychologists
Proposed Rules
CHAPTER 461. GENERAL RULINGS22 TAC §§461.1 – 461.17, 461.19 – 461.22, 461.35OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of all sections in 22 TAC, Chapter 461 (General Rulings).The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.
Texas State Board of Examiners of Psychologists
Proposed Rules
CHAPTER 463. APPLICATIONS AND EXAMINATIONS22 TAC §§463.1 – 463.12, 463.14, 463.16 – 463.23, 463.25 – 463.31OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of all sections in 22 TAC, Chapter 463 (Applications and Examination).The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC, §§463.1 – 463.3, establishing requirements for accreditation and examination, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 463. APPLICATIONS AND EXAMINATIONS22 TAC §§463.1 – 463.3OVERVIEWThe Texas Behavioral Health Executive Council proposes the following new section in 22 TAC, Chapter 463:§463.1.Regionally Accredited Educational Institutions.§463.2.Reciprocity Agreements with Other Jurisdictions.§463.3.Use of Other Mental Health License During Supervised Experience.BACKGROUND AND JUSTIFICATIONThe proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC §§463.8 – 463.14, establishing requirements for applications and licensing, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 463. APPLICATIONS AND LICENSINGSUBCHAPTER B. LICENSING REQUIREMENTS22 TAC §§463.8 – 463.14OVERVIEWThe Texas Behavioral Health Executive Council proposes the following new sections in 22 TAC, Chapter 463, relating to Applications and Licensing:§463.8.Licensed Psychological Associate.§463.9.Licensed Specialist in School Psychology.§463.10.Licensed Psychologists.§463.11.Supervised Experience Required for Licensure as a Psychologist.§463.12.Temporary License.§463.13.Licensure by Reciprocity.§463.14.Remedy for Incomplete License RequirementsBACKGROUND AND JUSTIFICATION The proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC §463.20, establishing licensing requirements for military service members, veterans and military spouses, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 463. APPLICATIONS AND LICENSINGSUBCHAPTER C. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES22 TAC §463.20OVERVIEWThe Texas Behavioral Health Executive Council proposes new 22 TAC §463.20, outlining licensing requirements for military service members, veterans and military spouses.BACKGROUND AND JUSTIFICATION The proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC §463.25, establishing requirements for specialty certifications, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 463. APPLICATIONS AND LICENSINGSUBCHAPTER D. SPECIALTY CERTIFICATIONS22 TAC §463.25OVERVIEWThe Texas Behavioral Health Executive Council proposes new 22 TAC §463.25, outlining requirements for speciality certifications.BACKGROUND AND JUSTIFICATION The proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC §463.30 and §463.31, establishing examination requirements for licensing, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 463. APPLICATIONS AND LICENSINGSUBCHAPTER E. EXAMINATIONS22 TAC §463.30, §463.31OVERVIEWThe Texas Behavioral Health Executive Council proposes new 22 TAC §463.30 and §463.31, outlining examination requirements for licensing.BACKGROUND AND JUSTIFICATIONThe proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC §463.35, establishing professional development requirements for licensing, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 463. APPLICATIONS AND LICENSINGSUBCHAPTER F. PROFESSIONAL DEVELOPMENT22 TAC §463.35OVERVIEWThe Texas Behavioral Health Executive Council proposes new 22 TAC §463.35, outlining professional development requirements for licensing.BACKGROUND AND JUSTIFICATIONThe proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC §463.35, establishing criminal history parameters for licensing, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 463. APPLICATIONS AND LICENSINGSUBCHAPTER G. CRIMINAL HISTORY AND LICENSE ELIGIBILITY22 TAC §463.40OVERVIEWThe Texas Behavioral Health Executive Council proposes new 22 TAC §463.40, outlining criminal history parameters for licensing.BACKGROUND AND JUSTIFICATIONThe proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
CHAPTER 465. RULES OF PRACTICE22 TAC §§465.1 – 465.18, 465.20 – 465.22, 465.32 – 465.35, 465.37, 465.38OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of all sections in 22 TAC, Chapter 465 (Rules of Practice).The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.
Texas State Board of Examiners of Psychologists
Proposed Rules
Twenty-Four new sections in 22 TAC, Chapter 465, establishing rules of practice, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 465. RULES OF PRACTICE22 TAC §§465.1, 465.2, 465.4 – 465.6, 465.8 – 465.18, 465.20 – 465.22, 465.32 – 465.35, 465.38OVERVIEWThe Texas Behavioral Health Executive Council proposes the following new sections in 22 TAC, Chapter 465, relating to Rules of Practice:§465.1.Definitions.§465.2.Supervision.§465.4.Employment of Unlicensed Individuals.§465.5.Multiple Licensure.§465.6.Solicitation, Use of Titles, and Business Names.§465.8.Psychological Services Are Provided within a Defined Relationship.§465.9.Competency.§465.10.Basis for Scientific and Professional Judgments.§465.11.Informed Consent.§465.12.Privacy and Confidentiality.§465.13.Personal Problems, Conflicts and Dual Relationships.§465.14.Misuse of Licensee Services.§465.15.Fees and Financial Arrangements.§465.16.Evaluation, Assessment, Testing, and Reports.§465.17.Therapy and Counseling.§465.18.Forensic Services.§465.20.Research.§465.21.Termination of Services.§465.22.Psychological Records, Test Data and Test Materials.§465.32.Disposition and Assumption of the Practice of a Mental Health Professional.§465.33.Improper Sexual Conduct.§465.34.Providing Mental Health Services to Those Served by Others.§465.35.Duty to Report Rule Violations.§465.38.Psychological Services for Schools.BACKGROUND AND JUSTIFICATION The proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
CHAPTER 469. COMPLAINTS AND ENFORCEMENT22 TAC §§469.1 – 469.12, 469.14, 469.15OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of all sections in 22 TAC, Chapter 469 (Complaints and Enforcement).The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.
Texas State Board of Examiners of Psychologists
Proposed Rules
CHAPTER 470. ADMINISTRATIVE PROCEDURE22 TAC §§470.1 – 470.6, 470.8 – 470.12, 470.15 – 470.24OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of all sections in 22 TAC, Chapter 470 (Administrative Procedure).The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC §470.1, establishing the schedule of sanctions, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 470. SCHEDULE OF SANCTIONS22 TAC §470.1OVERVIEWThe Texas Behavioral Health Executive Council proposes 22 TAC §470.1, outlining the schedule of sanctions. BACKGROUND AND JUSTIFICATION The proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501 – 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose these rules.
Texas State Board of Examiners of Psychologists
Proposed Rules
CHAPTER 471. RENEWALS22 TAC §§471.1, 471.3 – 471.6OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of all sections in 22 TAC, Chapter 471 (Renewals).The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.
Texas State Board of Examiners of Psychologists
Proposed Rules
CHAPTER 473. FEES22 TAC §§473.1 – 473.5, 473.8OVERVIEWThe Texas Behavioral Health Executive Council proposes the repeal of all sections in 22 TAC, Chapter 473 (Fees).The proposed repeal corresponds with the proposal of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATIONThe proposed repeal of rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has proposed new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.
Texas State Board of Examiners of Psychologists
Proposed Rules
New 22 TAC, Chapter 801, Subchapter B, establishing rules of practice for marriage and family therapists, to be governed by the Texas Behavioral Health Executive Council
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER B. RULES OF PRACTICE22 TAC §§801.41 – 801.48, 801.50, 801.53 – 801.58OVERVIEWThe Texas Behavioral Health Executive Council proposes the following new sections in 22 TAC, Chapter 801, Subchapter B, outlining rules of practice for marriage and family therapists:§801.41.Purpose of Rules of Practice.§801.42.Professional Therapeutic Services.§801.43.Professional Representation.§801.44.Relationships with Clients.§801.45.Sexual Misconduct.§801.46.Testing.§801.47.Drug and Alcohol Use.§801.48.Record Keeping, Confidentiality, Release of Records, and Required Reporting.§801.50.Corporation and Business Names.§801.53.Advertising and Announcements.§801.54.Research and Publications.§801.55.Parenting Coordination.§801.56.Parenting Facilitation.§801.57.Child Custody Evaluations.§801.58.Technology-Assisted Services.BACKGROUND AND JUSTIFICATIONThe proposed rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The proposed rules are the definitions for the rules in Chapter 801 and pertain to the general operations for the Texas State Board of Examiners of Marriage and Family Therapists; the rules also incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Marriage and Family Therapists, in accordance with §502.1515 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Tex. Occ. Code and may propose these rules.
Texas Department of State Health Services
Proposed Rules
Amending 25 TAC §98.121 to extend the expiration date for the Texas HIV Medication Advisory Committee
SUBCHAPTER C. TEXAS HIV MEDICATION PROGRAMDIVISION 2. ADVISORY COMMITTEE25 TAC §98.121OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §98.121, concerning the Texas HIV Medication Advisory Committee.The proposed amendment to §98.121 changes the expiration date of the Texas HIV Medication Advisory Committee to reflect that the need for the committee has been established and that it continues until August 1, 2030.BACKGROUND AND JUSTIFICATIONThe Texas HIV Medication Advisory Committee is mandated under Texas Health and Safety Code, Chapter 85, Subchapter K and advises the Executive Commissioner and DSHS in the development of procedures and guidelines for the Texas HIV Medication Program. The program helps provide medications for the treatment of HIV and its related complications for low-income Texans.The purpose of the proposal is to avoid abolishment of the Texas HIV Medication Advisory Committee by August 1, 2020, as prescribed in the current rule. The proposed rule amendment is necessary to extend the date of the Texas HIV Medication Advisory Committee abolishment from August 1, 2020, to August 1, 2030.The proposal is also being revised to comply with Texas Government Code, §2001.039, which requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Texas Government Code, Chapter 2001 (Administrative Procedure Act). Section 98.121 has been reviewed and DSHS has determined that reasons for adopting the section continue to exist because a rule on this subject is required by statute.
Texas Health and Human Services Commission
Proposed Rules
New 26 TAC §§567.1 – 567.6, establishing general provisions for the Certificate of Public Advantage
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER A. GENERAL PROVISIONS26 TAC §§567.1 – 567.6OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §§567.1 – 567.6 in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 567, Subchapter A, outlining general provisions for the Certificate of Public Advantage. BACKGROUND AND JUSTIFICATION The proposal is necessary to implement House Bill (H.B.) 3301, 86th Legislature, Regular Session, 2019, which added Chapter 314A to the Texas Health and Safety Code (HSC). This chapter requires HHSC, as the agency designated by the Governor under HSC § 314A.004, to adopt rules for the administration and implementation of Chapter 314A. This chapter permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws.The proposed rules require hospitals eligible to apply for a COPA to pay a fee if applying for a COPA and, if granted a COPA, pay an annual supervision fee, report changes that could affect the COPA, submit an annual report, request approval from HHSC to change rates, and submit a corrective action plan if found to be out of compliance with any of 26 TAC Chapter 567.Additionally, a merger could reduce competition, which could have an adverse impact on rural communities.SECTION-BY-SECTION SUMMARYProposed new §567.1, relating to Purpose, describes the purpose of the rules in 26 TAC, Chapter 567.Proposed new §567.2, relating to Definitions, defines the key terms and phrases used in the rules.Proposed new §567.3, relating to Applicability, describes the criteria for hospitals to be eligible to apply for a COPA.Proposed new §567.4, relating to Certificate of Public Advantage Required, notes that a merger agreement will not receive immunity under HSC Chapter 314A without a COPA.Proposed new §567.5, relating to Compliance, describes the requirements for applying and operating under a COPA.Proposed new §567.6, relating to Scope, describes the parameters and limitations of a COPA.
Texas Health and Human Services Commission
Proposed Rules
New 26 TAC §§567.21 – 567.26, establishing requirements for application and issuance of the Certificate of Public Advantage
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER B. APPLICATION AND ISSUANCE26 TAC §§567.21 – 567.26OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §§567.21 – 567.26 in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 567, Subchapter B, outlining requirements for application and issuance of the Certificate of Public Advantage. BACKGROUND AND JUSTIFICATION The proposal is necessary to implement House Bill (H.B.) 3301, 86th Legislature, Regular Session, 2019, which added Chapter 314A to the Texas Health and Safety Code (HSC). This chapter requires HHSC, as the agency designated by the Governor under HSC § 314A.004, to adopt rules for the administration and implementation of Chapter 314A. This chapter permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws.The proposed rules require hospitals eligible to apply for a COPA to pay a fee if applying for a COPA and, if granted a COPA, pay an annual supervision fee, report changes that could affect the COPA, submit an annual report, request approval from HHSC to change rates, and submit a corrective action plan if found to be out of compliance with any of 26 TAC Chapter 567.Additionally, a merger could reduce competition, which could have an adverse impact on rural communities.SECTION-BY-SECTION SUMMARYProposed new §567.21, relating to Changes That Could Affect the Certificate of Public Advantage, requires applicants to notify HHSC of certain events concerning hospitals that are party to the agreement.Proposed new §567.22, relating to Application, describes the COPA application process and requirements.Proposed new §567.23, relating to Texas Health and Human Services Commission Review, notes HHSC’s standard of review of the application.Proposed new §567.24, relating to Attorney General Review, describes HHSC’s duty to consult with the Attorney General on each COPA application.Proposed new §567.25, relating to Fees, describes the COPA application fee and the annual supervision fee for each hospital operating under a COPA.Proposed new §567.26, relating to Conditions for Issuing a Certificate of Public Advantage, describes the conditions under which HHSC will issue a COPA.
Texas Health and Human Services Commission
Proposed Rules
New 26 TAC §§567.31 – 567.33, establishing operational requirements for the Certificate of Public Advantage
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §§567.31 – 567.33OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §§567.31 – 567.33 in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 567, Subchapter C, outlining operational requirements for the Certificate fo Public Advantage. BACKGROUND AND JUSTIFICATION The proposal is necessary to implement House Bill (H.B.) 3301, 86th Legislature, Regular Session, 2019, which added Chapter 314A to the Texas Health and Safety Code (HSC). This chapter requires HHSC, as the agency designated by the Governor under HSC § 314A.004, to adopt rules for the administration and implementation of Chapter 314A. This chapter permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws.The proposed rules require hospitals eligible to apply for a COPA to pay a fee if applying for a COPA and, if granted a COPA, pay an annual supervision fee, report changes that could affect the COPA, submit an annual report, request approval from HHSC to change rates, and submit a corrective action plan if found to be out of compliance with any of 26 TAC Chapter 567.Additionally, a merger could reduce competition, which could have an adverse impact on rural communities.SECTION-BY-SECTION SUMMARYProposed new §567.31, relating to Terms, notes HHSC’s ability to require hospitals operating under a COPA to comply with additional terms or conditions, if necessary.Proposed new §567.32, relating to Annual Report, describes the annual reporting requirements for each hospital operating under a COPA.Proposed new §567.33, relating to Voluntary Termination, allows a hospital operating under a COPA to voluntarily terminate a COPA on 30 days’ notice.
Texas Health and Human Services Commission
Proposed Rules
New 26 TAC §567.41, establishing parameters on rate review for the Certificate of Public Advantage
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER D. RATE REVIEW26 TAC §567.41OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §567.41 in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 567, Subchapter D, relating to rate review for the Certificate of Public Advantage. Proposed new §567.41, relating to Rate Reviews for Hospitals Operating Under a Certificate of Public Advantage, describes the review process for proposed rate changes for hospital services and requirements for HHSC’s approval or denial of a proposed rate change.BACKGROUND AND JUSTIFICATION The proposal is necessary to implement House Bill (H.B.) 3301, 86th Legislature, Regular Session, 2019, which added Chapter 314A to the Texas Health and Safety Code (HSC). This chapter requires HHSC, as the agency designated by the Governor under HSC § 314A.004, to adopt rules for the administration and implementation of Chapter 314A. This chapter permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws.The proposed rules require hospitals eligible to apply for a COPA to pay a fee if applying for a COPA and, if granted a COPA, pay an annual supervision fee, report changes that could affect the COPA, submit an annual report, request approval from HHSC to change rates, and submit a corrective action plan if found to be out of compliance with any of 26 TAC Chapter 567.Additionally, a merger could reduce competition, which could have an adverse impact on rural communities.
Texas Health and Human Services Commission
Proposed Rules
New 26 TAC §§567.51 – 567.54, establishing parameters for enforcement of the Certificate of Public Advantage
CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER E. ENFORCEMENT26 TAC §§567.51 – 567.54OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §§567.51 – 567.54 in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 567, Subchapter E, relating to enforcement for the Certificate of Public Advantage. BACKGROUND AND JUSTIFICATION The proposal is necessary to implement House Bill (H.B.) 3301, 86th Legislature, Regular Session, 2019, which added Chapter 314A to the Texas Health and Safety Code (HSC). This chapter requires HHSC, as the agency designated by the Governor under HSC § 314A.004, to adopt rules for the administration and implementation of Chapter 314A. This chapter permits qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws.The proposed rules require hospitals eligible to apply for a COPA to pay a fee if applying for a COPA and, if granted a COPA, pay an annual supervision fee, report changes that could affect the COPA, submit an annual report, request approval from HHSC to change rates, and submit a corrective action plan if found to be out of compliance with any of 26 TAC Chapter 567.Additionally, a merger could reduce competition, which could have an adverse impact on rural communities.SECTION-BY-SECTION SUMMARYProposed new §567.51, relating to Supervision, describes the duty of HHSC to supervise each hospital operating under a COPA.Proposed new §567.52, relating to Annual Review, describes HHSC’s annual review process.Proposed new §567.53, relating to Investigation; Consequences, describes HHSC’s authority to investigate a hospital and the potential consequences of an investigation.Proposed new §567.54, relating to Corrective Action Plan; describes HHSC’s authority to require a corrective action plan and the timeframes associated with corrective action plans.
Texas Health and Human Services Commission
Proposed Rules
Amending 26 TAC §746.303 to implement a new annual reporting requirement for licensed childcare centers
CHAPTER 746. MINIMUM STANDARDS FOR CHILD-CARE CENTERSSUBCHAPTER B. ADMINISTRATION AND COMMUNICATIONDIVISION 2. REQUIRED NOTIFICATION26 TAC §746.303OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §746.303, concerning what changes must be reported by a licensee regarding the child-care center’s designee, governing body, and director.The proposed amendment to §746.303 adds new subsection (b), which requires a center to annually report to CCL the total number of employees who ceased working at the center during the previous calendar year.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to implement the portion of Senate Bill (S.B.) 708, 86th Legislature, Regular Session, 2019, which adds Subsection 42.0412(c-1) to the Texas Human Resources Code (HRC). HRC 42.0412(c-1) requires HHSC Child Care Licensing (CCL) to collect the total number of employees who left employment with each licensed child-care center during the preceding calendar year and publish the data on the Search Texas Child Care website. CCL is implementing this legislative requirement by changing §746.303 to require licensed child-care centers to report the total number of employees who ceased working at the center the previous calendar year to CCL through their online CCL account. IT changes will enable this information to be published on the Search Texas Child Care website.
Employees Retirement System of Texas
Proposed Rules
Amending 34 TAC §81.1 and §81.7 to incorporate requirements and administration of the Tobacco User Premium Differential for Texas Employees Group Benefit Program participants
CHAPTER 81. INSURANCE34 TAC §§81.1, 81.7OVERVIEWThe Employees Retirement System of Texas (ERS) proposes amendments to 34 Texas Administrative Code (TAC) Chapter 81, concerning Insurance, by amending §81.1 (Definitions) and §81.7 (Enrollment and Participation).BACKGROUND AND JUSTIFICATION ERS administers employment-related benefits, including insurance benefits through the Texas Employees Group Benefits Program (GBP), for several classes of State of Texas public servants, including elected officials, appointed public officers, employees and their dependents, and other persons eligible to participate in the GBP. ERS proposes amendments to Chapter 81 to include the requirements and administration by ERS of the tobacco user premium differential assessment to GBP participants, as authorized by Tobacco User Premium Differential, §1551.3075 of the Texas Insurance Code.SECTION-BY-SECTION SUMMARYSection 81.1, concerning Definitions, is proposed to be amended to add new definitions for the terms “Tobacco Product” and “Tobacco User” consistent with ERS’ administration of tobacco user premium differential assessment.Section 81.7, concerning Enrollment and Participation, is proposed to be amended to incorporate the requirements and administration of the tobacco user premium differential assessment. Since September 2011, ERS has administered the assessment across all GBP health benefit plans. ERS requires all GBP health benefit plan participants to certify their Tobacco Products usage. Tobacco users are assessed a monthly tobacco user premium differential in addition to any regular GBP health benefit plan contribution they may have. Effective September 1, 2020, the ERS Board of Trustees adopted a new tobacco policy that included changes to the definition of Tobacco Product to include electronic cigarettes and vaping products. This change to the Tobacco Product definition is expected to increase the number of GBP health benefit plan participants who meet the criteria and must certify as a Tobacco User and is expected to reduce the negative cost and health impact of electronic cigarette and vaping products on the health benefit plan and health benefit plan participants.
Employees Retirement System of Texas
Proposed Rules
New 34 TAC §81.12, establishing the HealthSelectShoppERS benefits program
CHAPTER 81. INSURANCE34 TAC §81.12OVERVIEWThe Employees Retirement System of Texas (ERS) proposes new §81.12 (HealthSelectShoppERS).BACKGROUND AND JUSTIFICATIONERS administers employment-related benefits, including insurance benefits through the Texas Employees Group Benefits Program (GBP), for several classes of State of Texas public servants, including elected officials, appointed public officers, employees and their dependents, and other persons eligible to participate in the GBP. ERS proposes to establish the HealthSelectShoppERS program in accordance with Rider 16 of the Employees Retirement System of Texas bill pattern in Article I of the General Appropriations Act (House Bill 1) of the 86th Legislature. This program is designed to provide an incentive for eligible GBP health benefit plan participants to select certain lower cost network facilities for specified, non-emergency covered medical services and procedures.NEW SECTION SUMMARYSection 81.12 is proposed to be added to establish the HealthSelectShoppERS program within the GBP. The program provides an incentive for eligible GBP health benefit plan participants to seek and obtain lower cost medical services or procedures by certain network facilities. Eligible GBP members would receive an employer contribution by the GBP member’s health benefit plan to a health care reimbursement account or limited purpose health care reimbursement account. The participant, and the GBP member if the participant is not the GBP member, must meet all the requirements as specified in §81.12 and §85.8 for the GBP member to receive the employer contribution. GBP members may then use their health care reimbursement account or limited purpose health care reimbursement account funds to offset their cost of future medical services and procedures. ERS anticipates the program will lower the cost of medical services and procedures for the GBP health benefit plans and health benefit plan participants.
Employees Retirement System of Texas
Proposed Rules
Amending seven sections in 34 TAC, Chapter 85 (Flexible Benefits) to specify the manner in which participants of certain Group Benefits Programs may receive employer contributions
CHAPTER 85. FLEXIBLE BENEFITS34 TAC §§85.1, 85.3, 85.4, 85.7, 85.9, 85.13, 85.17OVERVIEWThe Employees Retirement System of Texas (ERS) proposes amendments to 34 Texas Administrative Code (TAC) Chapter 85, concerning Flexible Benefits, by amending §§85.1 (Introduction and Definitions), 85.3 (Eligibility and Participation), 85.4 (Separate Plans), 85.7 (Enrollment), 85.9 (Payment of Claims from Reimbursement Accounts), 85.13 (Funding), and 85.17 (Grievance Procedure.BACKGROUND AND JUSTIFICATIONERS administers the TexFlex Program which includes a flexible spending account (“FSA”) program that allows active employees to set aside, on a pre-tax basis, a portion of earnings to pay for or be reimbursed for certain qualifying expenses, such as health care and dependent care expenses. ERS proposes to amend Ch. 85 to specify the manner in which eligible active employees participating in certain Texas Employees Group Benefits Program (“GBP”) health benefit plans may receive employer contributions by their health benefit plan to their health care reimbursement account or limited purpose health care reimbursement account under the HealthSelectShoppERS program. In addition, ERS proposes to amend Ch. 85 to reflect a waiting period prior to the effective date of an employee’s health care reimbursement plan equivalent to the waiting period for GBP health benefit plan coverage.SECTION-BY-SECTION SUMMARYSection 85.1, concerning Introduction and Definitions, is proposed to be amended to change the term “Texas Employees Group Benefits Program” to “Texas Employees Group Benefits Program (GBP)” and to include “vision” in the list of program coverages.Section 85.3, concerning Eligibility and Participation, is proposed to be amended to reflect a waiting period prior to the effective date of a health care reimbursement plan elected by an employee that is equivalent to the waiting period for health insurance coverage for employees enrolling in a GBP health benefit plan.Section 85.4, concerning Separate Plans, is proposed to be amended to add a reference to the new rule §85.8 (HealthSelectShoppERS) in §85.4(b).Section 85.7, concerning Enrollment, is proposed to be amended to allow health care reimbursement account participants, who were previously limited to carryover amounts in excess of $25, to carryover unexpended balance amounts of $25 or less if the participant reenrolls in the plan for the subsequent plan year, to clarify that any carryover that rolls over into subsequent plan years does not affect the maximum amount of participant contributions permitted under §125(i) of the Internal Revenue Code, and to update the reference to the amount of unspent flexible savings account plan dollars that may be carried over to the immediately following plan year.Section 85.9, concerning Payment of Claims from Reimbursement Accounts, is proposed to be amended to limit health care reimbursement for an eligible period of coverage in a plan year to the combined employee election and employer contribution amount.Section 85.13, concerning Funding, is proposed to be amended to change “§85.13(b) Contributions” to “§85.13(b) Employee Contributions” and to add §85.13(c) Employer Contributions to specify that employer contributions made in connection with the HealthSelectShoppERS program are the only employer contributions available under the TexFlex program.Section 85.17 concerning Grievance Procedure is proposed to be amended to change “Program” to “TexFlex program.”
Employees Retirement System of Texas
Proposed Rules
Adopted Rules
Amending 1 TAC §355.8201 to describe methodology used to calculate and distribute unspent 2014 – 2017 Uncompensated Care payment
CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT1 TAC §355.8201OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.8201, concerning Waiver Payments to Hospitals for Uncompensated Care.The amendment is adopted with changes to the proposed text as published in the April 10, 2020, issue of the Texas Register (45 TexReg 2381). The text of the rule will be republished.The rule amendment describes the methodology HHSC will use to calculate and distribute unspent Uncompensated Care (UC) payments for program years 2014 through 2017.BACKGROUND AND JUSTIFICATIONThe hospital specific limit (HSL) is a limit on the amount of payments a hospital may receive for care to Medicaid and low-income uninsured patients. In Texas during the program years at issue, two types of HSLs existed for hospitals that participated in the Disproportionate Share Hospital (DSH) and UC programs: an interim HSL and a final HSL. The interim HSL is defined by HHSC and the final HSL is described in federal law. The interim HSL is calculated in the payment year for DSH and UC to determine payment amounts using historical Medicaid and uninsured data. The final HSL is calculated two years after the payment year using actual data to determine whether hospitals were overpaid.The final HSL has been the subject of ongoing federal litigation for several years. In 2010, the Centers for Medicare & Medicaid Services (CMS) promulgated a series of Frequently Asked Questions (FAQs) relating to the calculation of the final HSL. FAQ 33 stated that, when calculating the HSL, full payments from commercial insurers should offset the costs of providing care to Medicaid beneficiaries who also had commercial insurance. In December 2014, Texas Children’s Hospital sued CMS to stop enforcement of FAQ 33. The court issued a temporary injunction preventing CMS from enforcing that FAQ.Because of the uncertainty resulting from the litigation, HHSC agreed to refrain from paying 5 percent of UC payments and 3.5 percent of DSH payments annually until the issues underlying the lawsuit were resolved. That practice remained in effect for each program year between 2014 and 2017. During that time, HHSC withheld approximately $646.2 million in UC payments.HHSC describes its methodology for calculating the Upper Payment Limit obligation and for dispensing unspent UC payments for program years 2014 – 2017 45 Tex Reg 4738.
Texas Medical Board
Adopted Rules
New 22 TAC, Chapter 170, Subchapter C, establishing the Prescription Monitoring Program Check
PART 9. TEXAS MEDICAL BOARDCHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCESSUBCHAPTER C. PRESCRIPTION MONITORING PROGRAM CHECK22 TAC §170.9OVERVIEWThe Texas Medical Board (Board) adopts new rule §170.9, in new Subchapter C, titled “Prescription Monitoring Program Check.”The new rule §170.9 in new Subchapter C titled Prescription Monitoring Program Check is adopted with non-substantive changes to the proposed language published in the April 3, 2020, issue of the Texas Register (45 TexReg 2284), based upon written comments received. Adopted new §170.9 will be republished.The purpose of the rule is to clarify when and under what circumstances a physician is required to check the PMP before issuing certain controlled substances.BACKGROUND AND JUSTIFICATIONNew Subchapter C, Prescription Monitoring Program Check, is adopted in accordance with Sections 481.076, 481.0764, and 481.0765 of the Texas Controlled Substances Act.NEW SECTION SUMMARYNew §170.9(1) provides a description of the types of physician-patient interaction and medical settings that require a PMP check. This portion of the rule also specifies that the check is required prior to and each time a prescription is issued for opioids, benzodiazepines, barbiturates, or carisoprodol to the ultimate user.New §170.9(2) clarifies the types of physician-patient interaction and medical settings that do not require a PMP check.New §170.9(3) clarifies that documentation of the PMP check is required. The language also clarifies that it is permissible to place a copy of the patient’s PMP history in the patient’s medical record to demonstrate the check was conducted as required when a prescription is issued for opioids, benzodiazepines, barbiturates, or carisoprodol to the ultimate user. This documentation method is proposed as acceptable, in addition to other appropriate forms and methods of documentation.New §170.9(4) clarifies that physicians must perform the PMP check. This portion of the rule also specifies that physicians may allow certain other qualified individuals to check the PMP under Section 481.076(a)(5)(B) of the Health and Safety Code.New §170.9(5) provides exceptions to the required PMP check in accordance with Section 481.0765 of the Texas Controlled Substances Act.
Texas Medical Board
Adopted Rules
Amending 22 TAC §170.2 and §170.3 to require review of the Prescription Monitoring Program before prescribing certain controlled substances
CHAPTER 170. PRESCRIPTION OF CONTROLLED SUBSTANCESSUBCHAPTER A. PAIN MANAGEMENT22 TAC §170.2, §170.3OVERVIEWThe Texas Medical Board (Board) adopts amendments changing the title of 22 TAC Chapter 170 to “Prescription of Controlled Substances.” Further amendments are adopted to §170.2, concerning Definitions, and §170.3, concerning Minimum Requirements for the Treatment of Chronic Pain. The amendments to §170.2 and §170.3 are adopted without changes to the proposed text published in the April 3, 2020, issue of the Texas Register (45 TexReg 2284). The adopted amendments to §170.2 and §170.3 will not be republished.BACKGROUND AND JUSTIFICATION The amendments to §170.2 are adopted pursuant to HB 2174, 86th Texas Legislature, which set forth certain opioid prescription limits for the treatment of acute pain through new Section 481.07636 of the Texas Health and Safety Code. Section 170.3 amendments are proposed pursuant to §481.0764 of the Texas Health and Safety Code, which mandates a review of the Prescription Monitoring Program (PMP) prior to the issuance of a prescription for opioids, benzodiazepines, barbiturates, and carisoprodol.SECTION-BY-SECTION SUMMARYThe adopted amendments to §170.2, Definitions, are as follows:The amendment to §170.2(2), relating to the definition for acute pain, clarifies that acute pain is time limited to no more than 30 days from the date of initial prescription for opioids for treatment of the pain during a period of treatment for the acute condition orinjury.The amendment to §170.2(4), relating to definition for chronic pain, clarifies that chronic pain is pain that exists for a period that has continued for no less than 91 days from the date of initial prescription for opioids for treatment of the condition or injury.The amendments add new 170.2(10), setting forth a definition for post-surgical, post-procedure, persistent non-chronic pain. The new definition clarifies that there is pain that continues to exist in a period after the acute phase, but before becoming medically recognized as chronic pain. This period of pain exists for a period of more than 30 days but less than 91 days from the date of initial prescriptions for opioids during a period of treatment. This definition creates a period of time in which a physician will be allowed to prescribe opioids for more than a 10-day period for a condition, injury, or disease not already excepted under HB 2174, if the standard of care permits, and allow for an appropriate period for such treatment without the requirements related to chronic pain applying. Paragraphs (11) – (14) are re-numbered accordingly.The adopted amendments to §170.3, Minimum Requirements for the Treatment of Chronic Pain, are as follows:Section 170.3 amendments are adopted pursuant to §481.0764 of the Texas Controlled Substances Act, which mandates a review of the PMP prior to the issuance of a prescription for opioids, benzodiazepines, barbiturates, and carisoprodol.Section 170.3(1)(C) is amended so that a review of the PMP is mandatory rather than optional. Remaining proposed amendments are changes made for readability and represent other non-substantive re-wording necessitated by the primary changes in text.Section 170.3(5)(E)(v) is amended so that language indicating an option of checking the PMP when conducting a periodic review of a patient’s compliance is deleted. A physician must continue to review the PMP prior to issuing each and every prescription for opioids, benzodiazepines, barbiturates, and carisoprodol. The proposed deletion is not intended to change a physician’s duty to review the PMP and represents a non-substantive re-wording of the section.Section 170.3(7) is amended to clarify that documentation of the PMP check must be maintained in the patient’s medical record.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§881.1 – 881.13, establishing general provisions for the Texas Behavioral Health Executive Council
CHAPTER 881. GENERAL PROVISIONSSUBCHAPTER A. GENERAL PROVISIONS22 TAC §§881.1 – 881.13OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§881.1 – 881.13, relating to general provisions for the Executive Council. Except for §881.2, concerning Definitions, the new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2640) and will not be republished. In response to changes being proposed in 22 Texas Administrative Code Chapter 681, where the term Licensed Professional Counselor Intern (LPC-I) is being changed to Licensed Professional Counselor Associate (LPC-A), the Council adopts the corresponding name changes in §881.2 as a non-substantive change, which will be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules are the general framework regarding the Executive Council’s operations and the implementation of its statutory duties.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §881.20 and §881.21, establishing rulemaking requirements for the Texas Behavioral Health Executive Counci
CHAPTER 881. GENERAL PROVISIONSSUBCHAPTER B. RULEMAKING22 TAC §881.20, §881.21OVERVIEWThe Texas Behavioral Health Executive Council adopts new §881.20 and §881.21, relating to rulemaking for the Executive Council. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2643). The rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 507.153 Tex. Occ. Code limits the ability of the Executive Council to adopt rules pertaining to qualifications for licensure, the scope and standards of practice, continuing educations requirements, and a schedule of sanctions unless such a rule is first proposed by a member board. Additionally, §2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules are the general framework regarding the Executive Council’s rulemaking procedures and proceedings.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§881.30 – 881.32, establishing personnel requirements for the Texas Behavioral Health Executive Council
CHAPTER 881. GENERAL PROVISIONSSUBCHAPTER C. PERSONNEL22 TAC §§881.30 – 881.32OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§881.30 – 881.32, relating to personnel for the Executive Council. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issues of the Texas Register (45 TexReg 2646) and will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.101 and 507.102 of the Tex. Occ. Code authorizes the Executive Council to employ an executive director and develop policymaking and management responsibilities for the Executive Council and executive director. Additionally, §656.048 of the Tex. Gov’t Code requires state agencies to adopt rules relating to training and education for agency administrators and employees. Lastly, §661.002 of the Tex. Gov’t Code requires state agencies to adopt rules and prescribe procedures relating to the operation of the agency sick leave pool. These new rules implement these requirements.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §881.40 and §881.41, establishing contract and procurement requirements for the Texas Behavioral Health Executive Council
CHAPTER 881. GENERAL PROVISIONSSUBCHAPTER D. CONTRACTS AND PROCUREMENT22 TAC §881.40, §881.41OVERVIEWThe Texas Behavioral Health Executive Council adopts new §881.40 and §881.41, relating to contracts and procurement for the Executive Council. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issues of the Texas Register (45 TexReg 2647). The rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 2155.076 of the Tex. Gov’t Code requires state agencies to develop and adopt protest procedures for resolving vendor protests relating to purchasing issues, which must be consistent with the comptroller’s rules. Section 2156.005 of the Tex. Gov’t Code requires state agencies making purchases to adopt the comptroller’s rules related to bid opening and tabulation. Section 2260.052 of the Tex. Gov’t Code requires state agencies with rulemaking authority to develop rules to govern the negotiation and mediation of a claim for breach of contract. Section 2261.202 of the Tex. Gov’t Code requires state agencies that make procurements to establish and adopt by rule a policy that clearly defines the contract monitoring roles and responsibilities. Section 2161.003 of the Tex. Gov’t Code requires a state agency to adopt the comptroller’s rules adopted under Section 2161.002 of the Tex. Gov’t Code, pertaining to historically underutilized businesses, as the agency’s own rules. These new rules implement these requirements.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§882.1 – 882.13, establishing the Texas Behavioral Health Executive Council license application process
CHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER A. LICENSE APPLICATIONS22 TAC §§882.1 – 882.13OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§882.1 – 882.13, relating to license applications. Except for §882.6, the new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2649) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §882.6 is being changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. Generally, these new rules implement the application process and procedures which will be used by the Executive Council.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§882.20 – 882.27, establishing the Texas Behavioral Health Executive Council license
CHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER B. LICENSE22 TAC §§882.20 – 882.27OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§882.20 – 882.27, relating to license. Except for §882.22 and §882.23, the new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2652) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §882.22 and §882.23 are being changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. Generally, these new rules provide the form and function for the licenses issued by the Executive Council.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§882.30 – 882.36, establishing duties and responsibilities for Texas Behavioral Health Executive Council licensure
CHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER C. DUTIES AND RESPONSIBILITIES22 TAC §§882.30 – 882.36OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§882.30-882.36, relating to duties and responsibilities. The new sections are adopted without changes to the proposed text as published in the April 24, 2020 issue of the Texas Register (45 TexReg 2655) and will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. These new rules pertain to the duties and responsibilities of applicants going through the application process and licensees once they have obtained a license, which generally prohibit false or deceptive statements or practices.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§882.40 – 882.42, establishing license eligibility parameters for individuals with a criminal history
CHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER D. CRIMINAL HISTORY AND LICENSE ELIGIBILITY22 TAC §§882.40 – 882.42OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§882.40 – 882.42, relating to criminal history and license eligibility. Except for §882.42, concerning Ineligibility Due to Criminal History, the new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2658) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §882.42 is being changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board; and §507.156 of the Tex. Occ. Code requires the Executive Council to adopt rules pertaining to the Executive Council’s authority to revoke, suspend, or deny a license based upon a criminal conviction. These new rules implement this statutory duty.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §882.50, establishing continuing education requirements for Texas Behavioral Health Executive Council licensure
CHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER E. CONTINUING EDUCATION22 TAC §882.50OVERVIEWThe Texas Behavioral Health Executive Council adopts new §882.50, relating to continuing education. The new section is adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2660) and will not be republished.BACKGROUND AND JUSTIFICATIONThe new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. In order to maintain and renew a license, each license holder is required to obtain a minimum amount of education per renewal period in order to renew a license. Each applicable board will determine the minimum amount of required education and the Executive Council will ensure compliance. This new rule pertains to the Executive Council’s ability to audit license holders for compliance purposes.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §882.60 and §882.61, establishing licensure requirements for military service members, veterans and military spouses
CHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER F. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES22 TAC §882.60, §882.61OVERVIEWThe Texas Behavioral Health Executive Council adopts new §882.60 and §882.61, relating to licensing provisions related to military service members, veterans, and military spouses. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2661). The rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. Chapter 55 of the Tex. Occ. Code requires state agencies that issue a license to adopt rules pertaining to licensing eligibility requirements for military service members, veterans, and spouses. These new rules implement this statutory duty.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §882.70, establishing requirements for obtaining an emergency temporary license
CHAPTER 882. APPLICATIONS AND LICENSINGSUBCHAPTER G. EMERGENCY TEMPORARY LICENSE22 TAC §882.70OVERVIEWThe Texas Behavioral Health Executive Council adopts new §882.70, relating to Emergency Temporary License. The new section is adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2663). The rule will not be republished.BACKGROUND AND JUSTIFICATIONThe new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.254 of the Tex. Occ. Code authorizes the Executive Council to issue a license, which must also include the name of the applicable board. Sections 501.263, 502.258, 503.308, and 505.357 of the Tex. Occ. Code require the adoption of rules for the Executive Council to issue a temporary license. This new rule implements this statutory duty.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§883.1 – 883.3, establishing general provisions for renewing a license
CHAPTER 883. RENEWALSSUBCHAPTER A. GENERAL PROVISIONS22 TAC §§883.1 – 883.3OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§883.1 – 883.3, relating to general provisions for the renewal of a license. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issues of the Texas Register (45 TexReg 2665). The rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.255 of the Tex. Occ. Code authorizes the Executive Council to renew licenses issued by the Executive Council, which must also include the name of the applicable board, and these new rules implement this statutory duty. Generally, these new rules establish the requirements for the biennial renewal of a license, and this biennial renewal period will be based upon the last day of the license holder’s birth month.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §883.10, establishing requirements for military personnel to renew a license
CHAPTER 883. RENEWALSSUBCHAPTER B. RENEWAL PROVISIONS FOR MILITARY PERSONNEL22 TAC §883.10OVERVIEWThe Texas Behavioral Health Executive Council adopts new §883.10, relating to renewal terms for military personnel on active duty. The new section is adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2667). The rule will not be republished.BACKGROUND AND JUSTIFICATIONThe new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Section 507.255 of the Tex. Occ. Code authorizes the Executive Council to renew licenses issued by the Executive Council, which must also include the name of the applicable board; and §55.002 of the Tex. Occ. Code requires state licensing agencies to adopt a rules regarding licensing renewal exemptions for individuals serving as military service members. This new rule implements the statutory duty.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§884.1 – 884.3, 884.5, 884.6, establishing procedures for filing a complaint with the Texas Behavioral Health Executive Council
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER A. FILING A COMPLAINT22 TAC §§884.1 – 884.3, 884.5, 884.6OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§884.1 – 884.3, 884.5, and 884.6, relating to filing a complaint. Except for §884.2, the new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2668) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §884.2 is being changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules are the general framework regarding the Executive Council’s procedures for filing a complaint.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§884.10 – 884.12, establishing procedures for Texas Behavioral Health Executive Council claim investigations
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER B. INVESTIGATIONS AND DISPOSITION OF COMPLAINTS22 TAC §§884.10 – 884.12OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§884.10 – 884.12, relating to investigation and disposition of complaints. Except for §884.10 and §884.12, the new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2670) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §884.10 and §884.12 are being changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules are the general framework regarding the Executive Council’s procedures for investigating and potentially resolving a complaint.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §884.20 and §884.21, establishing disciplinary guidelines and a schedule of sanctions
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER C. DISCIPLINARY GUIDELINES AND SCHEDULE OF SANCTIONS22 TAC §884.20, §884.21OVERVIEWThe Texas Behavioral Health Executive Council adopts new §884.20 and §884.21, relating to disciplinary guidelines and schedule of sanctions. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2673) and will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules are the general framework regarding the Executive Council’s procedures for imposing sanctions.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§884.30 – 884.32, establishing duties and responsibilities of parties to an official Texas Behavioral Health Executive Council complaint
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER D. DUTIES AND RESPONSIBILITIES22 TAC §§884.30 – 884.32OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§884.30 – 884.32, relating to Duties and Responsibilities. Except for §884.30 and §884.32, the new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2676) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §884.30 and §884.32 are being changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules require licensees to provide notice to the public of the complaint process, they require licensees to cooperate with Executive Council investigations, and they require licensees to report legal actions and a discipline.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §884.40 and §884.41, establishing grounds for suspension of a license
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER E. LICENSE SUSPENSION22 TAC §884.40, §884.41OVERVIEWThe Texas Behavioral Health Executive Council adopts new §884.40 and §884.41, relating to license suspension. Except for §884.40, the new sections are adopted without changes to the proposed text as published in the April 24, 2020 issue of the Texas Register (45 TexReg 2677) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §884.40 is being changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules pertain to the Executive Council’s proceedings to temporarily suspend a license.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §884.50 and §884.51, establishing special provisions for person licensed to practice psychology
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER F. SPECIAL PROVISIONS FOR PERSONS LICENSED TO PRACTICE PSYCHOLOGY22 TAC §884.50, §884.51OVERVIEWThe Texas Behavioral Health Executive Council adopts new §884.50 and §884.51, relating to special provisions for persons licensed to Practice Psychology. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2680). The rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules pertain to the Executive Council’s proceedings for competency evaluations and remedial plans for persons licensed under Chapter 501 Tex. Occ. Code.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §884.55, establishing requirements for compliance with Texas Behavioral Health Executive Council rules
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER G. COMPLIANCE22 TAC §884.55OVERVIEWThe Texas Behavioral Health Executive Council adopts new §884.55, relating to Compliance. The new section is adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2682). The rule will not be republished.BACKGROUND AND JUSTIFICATIONThe new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. This new rule pertains to the Executive Council’s procedures for monitoring and ensuring compliance with Executive Council orders.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §§884.60 – 884.63 and 884.65, establishing procedures for contested cases
CHAPTER 884. COMPLAINTS AND ENFORCEMENTSUBCHAPTER H. CONTESTED CASES22 TAC §§884.60 – 884.63, 884.65OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§884.60 – 884.63 and 884.65, relating to Contested Cases. The new sections are adopted without changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2683) and will not be republished.BACKGROUND AND JUSTIFICATIONOverview and Explanation of the Proposed Rule. The proposed new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 2001.004 of the Tex. Gov’t Code requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. These new rules pertain to the Executive Council’s procedures for conducting a contested case to resolve a complaint.
Texas Behavioral Health Executive Council
Adopted Rules
New 22 TAC §885.1, establishing fees for application and renewal of a Texas Behavioral Health Executive Council license
CHAPTER 885. FEES22 TAC §885.1OVERVIEWThe Texas Behavioral Health Executive Council adopts new §885.1, relating to Fees.The new section is adopted with changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2685). In response to changes being proposed in 22 Texas Administrative Code Ch. 681, where the term Licensed Professional Counselor Intern (LPC-I) is being changed to Licensed Professional Counselor Associate (LPC-A), the Council adopts the corresponding name changes in rule §885.1, as a non-substantive change, which is republished below. Additionally, other changes have been made to the adopted rule to correct errors in the previously published text.BACKGROUND AND JUSTIFICATIONThe new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507. Section 507.154 of the Tex. Occ. Code authorizes the Executive Council to set fees necessary to cover the costs of administering Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code. The new rule establishes application and renewal fees in the amount necessary to meet the contingency rider found in §18.11 of Art. IX in the General Appropriations Act for 2020-2021, see Tex. H.B. 1, 86th Leg., R.S. (2019).
Texas Optometry Board
Notices
Following rule review, the Board has readopted 22 TAC Chapters 271 (Examinations), 272 (Administration), 273 (General Rules) and 275 (Continuing Education)
Title 22, Part 14OVERVIEWThe Texas Optometry Board readopts without change Texas Administrative Code, Title 22, Chapters 271, 272, 273, and 275, pursuant to the Texas Government Code, §2001.039. The agency proposed the review of the chapters in the March 6, 2020, issue of the Texas Register (45 TexReg 1722). After reviewing the rules in Chapters 271, 272, 273, and 275, the agency finds that the reasons for initially adopting the rules continue to exist and readopts the rules. No comments were received.The agency has proposed an amendment to 22 TAC §273.10 to remove an outdated section. The agency has adopted changes to 22 TAC §275.2 during the review process.SECTION-BY-SECTION SUMMARYThe following rules in Chapter 271 are being readopted: §271.1, Definitions; §271.2, Applications; §271.3, Jurisprudence Examination Administration; §271.5, Licensure without Examination; §271.6, National Board Examination; and §271.7, Criminal History Evaluation Letters.The following rules in Chapter 272 are being readopted: §272.1, Open Records; §272.2, Historically Underutilized Businesses; and §272.3, Contract and Purchasing Procedures.The following rules in Chapter 273 are being readopted: §273.1, Surrender of License; §273.2, Use of Name of Retired or Deceased Optometrist; §273.3, Contact Lenses as Prize or Premium; §273.4, Fees (Not Refundable); §273.5, Clinical Instruction and Practice Limited License for Clinical Faculty; §273.6, Licenses for a Limited Period; §273.7, Inactive Licenses and Retired License for Volunteer Charity Care;§273.8, Renewal of License; §273.9, Public Interest Information; §273.10, Licensee Compliance with Payment Obligations; §273.11, Public Participation in Meetings; §273.12, Profile Information; §273.13, Contract or Employment with Community Health Centers; and §273.14, License Applications for Military Service Member, Military Veteran, and Military Spouse.The following rules in Chapter 275 are being readopted: §275.1, General Requirements; and §275.2, Required Education.