Texas Register July 12, 2024 Volume: 49 Number: 28


Texas Register Table of Contents

Texas Medical Board

Adopted Rules Re:

Adopting 22 TAC §§165.7 – 165.9, to clarify the regulatory analysis used by the Texas Medical Board (Board) when the Board receives a complaint and must determine the appropriate disciplinary action against a physician who violates other laws that regulate or prohibit abortion.

CHAPTER 165. MEDICAL RECORDS
22 TAC §§165.7 – 165.9

OVERVIEW

The Texas Medical Board (Board) adopts new rules §165.7, Definitions, §165.8, concerning Abortion Ban Exception Performance and Documentation, and §165.9, concerning Complaints Regarding Abortions Performed. The new rules are being adopted with non-substantive changes to the proposed text as published in the April 5, 2024, issue of the Texas Register (49 TexReg 2164) and will be republished.

BACKGROUND AND JUSTIFICATION

The new sections do not regulate or prohibit abortion but are promulgated to clarify the regulatory analysis to be utilized by the Board in the event that the agency receives a complaint and must determine what is, if any, an appropriate disciplinary action against a physician who violates other laws that regulate or prohibit abortion.

The rules reaffirm that when investigating a complaint regarding allegations of performing an abortion, the Board will investigate the complaint utilizing the standard processes that apply to every other complaint and investigation. This clarifying language is a direct result of recent litigation and requests from private individuals and groups.

SECTION-BY-SECTION SUMMARIES

New §165.7, titled Definitions, describes the specific definitions and their sources for certain terms used in the new rules.

New §165.8, titled Abortion Ban Exception Performance and Documentation, explains that physicians must comply with all applicable laws, rules, and court opinions related to abortion in Texas. The rule also provides the minimum required information that must be included in the patient’s medical record. The rule additionally makes clear that imminence of the threat to life or impairment of a major bodily function is not required to perform an abortion.

New §165.9, titled Complaints Regarding Abortions Performed, explains the procedures that the Board will utilize in the event a complaint is received. The rule also explains the limitation of any Board decision and that possible criminal or civil action under the law is separate and independent of any Board decision.


Texas Behavioral Health Executive Council

Adopted Rules Re:

Adopting 22 TAC §882.2, to clarify what information Council staff may depend on when verifying an applicant’s out-of-state licensure.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.2

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §882.2, relating to General Application File Requirements. Section 882.2 is adopted without changes to the proposed text as published in the April 12, 2024, issue of the Texas Register (49 TexReg 2249) and will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments clarify what information Council staff can rely upon when verifying an applicant’s out-of-state licensure. The amendments allow the Council to rely on official verifications received directly from the other jurisdiction, information reflected on a government website, or verbal or email verification directly from the other jurisdiction. The sources of verification will assist the Council in more efficiently and effectively verifying an applicant’s out-of-state licensure.


Proposed Rule Reviews Re:

Reviewing Title 22, Part 41, to consider for readoption, revision, or repeal the chapter concerning General Provisions, Applications and Licensing, Renewals, Complaints and Enforcement, and Fees.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 22, Part 41, of the Texas Administrative Code:

Chapter 881, General Provisions

Chapter 882, Applications and Licensing

Chapter 883, Renewals

Chapter 884, Complaints and Enforcement

Chapter 885, Fees


Department of Aging and Disability Services

Transferred Rules Re:

Rule transfer, to transfer rules from the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 41, Consumer Directed Services Option are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 264, Consumer Directed Services Option.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 41, Consumer Directed Services Option are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 264, Consumer Directed Services Option.

The rules will be transferred in the Texas Administrative Code effective September 1, 2024.


Texas Health and Human Services Commission

Transferred Rules Re:

Rule transfer, to transfer the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 41, Consumer Directed Services Option are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 264, Consumer Directed Services Option.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 41, Consumer Directed Services Option are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 264, Consumer Directed Services Option.

The rules will be transferred in the Texas Administrative Code effective September 1, 2024.


Proposed Rule Reviews Re:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Medicaid Buy-In for Children Program.

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

Chapter 361, Medicaid Buy-In for Children Program


Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Contracting for Community Services.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 52, Contracting for Community Services


Adopted Rule Reviews Re:

Adopting the review of Title 1, Part 15, concerning the Purchase of Goods and Services for Specific Health and Human Services Commission Programs.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):

Chapter 392, Purchase of Goods and Services for Specific Health and Human Services Commission Programs


In Addition Re:

Corrected Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 30, 2024, 9:00 a.m., to receive public comments on proposed Medicaid Payment Rates to School and Health Related Services (SHARS) reimbursement methodology.


Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 30, 2024, 9:00 a.m., to receive public comments on proposed Medicaid Payment Rates to School and Health Related Services (SHARS) reimbursement methodology.


Texas State Board of Examiners of Psychologists

Proposed Rule Reviews Re:

Reviewing Title 22, Part 21, to consider for readoption, revision, or repeal the chapter concerning Applications and Examinations, Rules of Practice, and Schedule of Sanctions.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 22, Part 21, of the Texas Administrative Code:

Chapter 463, Applications and Examinations

Chapter 465, Rules of Practice

Chapter 470, Schedule of Sanctions


Texas State Board of Examiners of Professional Counselors

Proposed Rule Reviews Re:

Reviewing Title 22, Part 30, to consider for readoption, revision, or repeal the chapter concerning Professional Counselors.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 22, Part 30, of the Texas Administrative Code:

Chapter 681, Professional Counselors


Texas State Board of Social Worker Examiners

Proposed Rule Reviews Re:

Reviewing Title 22, Part 34, to consider for readoption, revision, or repeal the chapter concerning Social Worker Licensure.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 22, Part 34, of the Texas Administrative Code:

Chapter 781, Social Worker Licensure


Texas State Board of Examiners of Marriage and Family Therapists

Proposed Rule Reviews Re:

Reviewing Title 22, Part 35, to consider for readoption, revision, or repeal the chapter concerning Licensure and Regulation of Marriage and Family Therapists.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 22, Part 35, of the Texas Administrative Code:

Chapter 801, Licensure and Regulation of Marriage and Family Therapists