Texas Register July 24, 2020 Volume: 45 Number: 30

Texas Register Table of Contents

1 Governor
- - 1.0.1 Notices
    - 1.0.1.1 Proclamation 41-3747: Requiring hospitals located in designated Trauma Service Areas to suspend elective surgeries
2 Texas Health and Human Services Commission
- - 2.0.1 Emergency Rule
    - 2.0.1.1 Amending 1 TAC §379.206 to provide contactless procedures for a shelter center to request a waiver or variance under the Family Violence Program
3 Texas Health and Human Services Commission
- - 3.0.1 Emergency Rule
    - 3.0.1.1 Amending 1 TAC §§379.614, 379.615, 379.626, 379.628 to provide contactless procedures for shelter center administration under the Family Violence Program
4 Texas Health and Human Services Commission
- - 4.0.1 Emergency Rule
    - 4.0.1.1 Amending 1 TAC §§379.701, 379.709, 379.711, 379.713 to provide contactless procedures for shelter center service delivery under the Family Violence Program
5 Texas Health and Human Services Commission
- - 5.0.1 Emergency Rule
    - 5.0.1.1 Amending 1 TAC §379.1605 to provide contactless procedures for nonresidential centers to request a waiver or variance under the Family Violence Program
6 Texas Health and Human Services Commission
- - 6.0.1 Emergency Rule
    - 6.0.1.1 Amending 1 TAC §§379.2012, 379.2013, 379.2024, 379.2026, 379.2027 to provide contactless procedures for nonresidential center administration under the Family Violence Program
7 Texas Health and Human Services Commission
- - 7.0.1 Emergency Rule
    - 7.0.1.1 Amending 1 TAC §§379.2106, 379.2108, 379.2110 to provide contactless procedures for nonresidential center service delivery under the Family Violence Program
8 Texas Department of State Health Services
- - 8.0.1 Emergency Rule
    - 8.0.1.1 Amending 25 TAC §295.65 to allow online completion of the required annual asbestos refresher course
9 Texas Department of Insurance
- - 9.0.1 Emergency Rule
    - 9.0.1.1 Renewing the effectiveness of emergency rule 28 TAC §35.2, which requires TDI-regulated health plans to honor new prescription benefit procedures during the COVID-19 crisis
10 Texas Health and Human Services Commission
- - 10.0.1 Proposed Rules
    - 10.0.1.1 Amending 1 TAC §370.602 to clarify complaint and appeals procedures for CHIP managed care organizations
11 State Board of Dental Examiners
- - 11.0.1 Proposed Rules
    - 11.0.1.1 Amending 22 TAC §102.1 to update fees for certain services
12 State Board of Dental Examiners
- - 12.0.1 Proposed Rules
    - 12.0.1.1 Amending 22 TAC §110.2 to require the completion of an anesthesia jurisprudence assessment in order to obtain a sedation/anesthesia permit
13 State Board of Dental Examiners
- - 13.0.1 Proposed Rules
    - 13.0.1.1 Amending 22 TAC §110.9 to require sedation/anesthesia permit holders to complete an anesthesia jurisprudence assessment once every five years
14 Texas Department on Aging and Disability Services
- - 14.0.1 Proposed Rules
    - 14.0.1.1 Repealing 40 TAC, Chapter 51 in its entirety to transfer Medically Dependent Children Program authority to HHSC
15 Texas Health and Human Services Commission
- - 15.0.1 Adopted Rules
    - 15.0.1.1 Amending 1 TAC §355.8212 to clarify procedures for calculating the uncompensated care (UC) payment amount for hospitals receiving DSH and UC payments
16 Texas Department of Licensing and Regulation
- - 16.0.1 Adopted Rules
    - 16.0.1.1 Amending 16 TAC §§110.21, 110.23, 110.30 and 110.70 to update examination and temporary licensing requirements for athletic trainers
17 Texas Department of Licensing and Regulation
- - 17.0.1 Adopted Rules
    - 17.0.1.1 Amending 16 TAC §111.13 to use gender-neutral language with reference to Speech-Language Pathologist and Audiologist Advisory Board officers
18 Texas Department of Licensing and Regulation
- - 18.0.1 Adopted Rules
    - 18.0.1.1 Amending 16 TAC §111.20 and §111.23 to update references to the Speech-Language Pathologist and Audiologist jurisprudence examination
19 Texas Department of Licensing and Regulation
- - 19.0.1 Adopted Rules
    - 19.0.1.1 Amending 16 TAC §111.35 and §111.37 to update requirements for Speech-Language Pathology licensure
20 Texas Department of Licensing and Regulation
- - 20.0.1 Adopted Rules
    - 20.0.1.1 Amending 16 TAC §§111.41, 111.42, 111.45, 111.47 to update requirements for Speech-Language Pathology intern licensure
21 Texas Department of Licensing and Regulation
- - 21.0.1 Adopted Rules
    - 21.0.1.1 Amending 16 TAC §§111.52, 111.55, 111.57 to update requirements for Speech-Language Pathology assistant licensure
22 Texas Department of Licensing and Regulation
- - 22.0.1 Adopted Rules
    - 22.0.1.1 Amending 16 TAC §111.75 and §111.77 to update requirements for Audiology licensure
23 Texas Department of Licensing and Regulation
- - 23.0.1 Adopted Rules
    - 23.0.1.1 Amending 16 TAC §§111.81, 111.85, 111.87 to update requirements for Audiology intern licensure
24 Texas Department of Licensing and Regulation
- - 24.0.1 Adopted Rules
    - 24.0.1.1 Amending 16 TAC §§111.92, 111.95, 111.97 to update requirements for Audiology assistant licensure
25 Texas Department of Licensing and Regulation
- - 25.0.1 Adopted Rules
    - 25.0.1.1 Amending 16 TAC §111.115 and §111.117 to update requirements for obtaining a dual license in Speech-language Pathology and Audiology
26 Texas Department of Licensing and Regulation
- - 26.0.1 Adopted Rules
    - 26.0.1.1 New 16 TAC §§111.120 – 111.125, creating and implementing the retired voluntary charity care status license
27 Texas Department of Licensing and Regulation
- - 27.0.1 Adopted Rules
    - 27.0.1.1 Amending 16 TAC §§111.130 – 111.132 to update continuing education requirements for Speech-Language Pathologists and Audiologists
28 Texas Department of Licensing and Regulation
- - 28.0.1 Adopted Rules
    - 28.0.1.1 Amending 16 TAC §§111.150, 111.151, 111.154, 111.155 to clarify ethical responsibilities for Speech-Language Pathologists and Audiologists
29 Texas Department of Licensing and Regulation
- - 29.0.1 Adopted Rules
    - 29.0.1.1 Amending 16 TAC §111.160 to specify reduced fees for the new retired voluntary charity care license for Speech-Language Pathologists and Audiologists
30 Texas Department of Licensing and Regulation
- - 30.0.1 Adopted Rules
    - 30.0.1.1 Amending 16 TAC §111.171 and adding new §§111.172 – 111.176 to update complaint and enforcement provisions for Speech-Language Pathologists and Audiologists
31 Texas Department of Licensing and Regulation
- - 31.0.1 Adopted Rules
    - 31.0.1.1 Repealing 16 TAC, Subchapter S, which previously governed enforcement procedure for Speech-Language Pathologists and Audiologists
32 Texas Department of Licensing and Regulation
- - 32.0.1 Adopted Rules
    - 32.0.1.1 Amending 16 TAC §111.192 to update requirements for newborn hearing screenings
33 Texas Department of Licensing and Regulation
- - 33.0.1 Adopted Rules
    - 33.0.1.1 Repealing 16 TAC §111.200 and amending §111.201 to update requirements for the fitting and dispensing of hearing instruments
34 Texas Department of Licensing and Regulation
- - 34.0.1 Adopted Rules
    - 34.0.1.1 Amending 16 TAC §111.212 to clarify requirements for the delivery of telehealth services by Speech-Language Pathologists and Audiologists
  - 34.0.2 Adopted Rules
    - 34.0.2.1 Amending 16 TAC §114.40 to update license-renewal requirements for Orthotists and Prosthetists
35 Texas Department of Licensing and Regulation
- - 35.0.1 Adopted Rules
    - 35.0.1.1 Amending 16 TAC §115.14 and §115.70 to update license-renewal and conduct requirements for midwives
36 Texas Department of Licensing and Regulation
- - 36.0.1 Adopted Rules
    - 36.0.1.1 Amending 16 TAC §120.26 to update requirements for Dyslexia Therapist and Dyslexia Practitioner licensure
37 Texas Department of Licensing and Regulation
- - 37.0.1 Adopted Rules
    - 37.0.1.1 Amending seven sections in 16 TAC, Chapter 121 to update requirements for Behavior Analyst licensure
38 Texas Department of Licensing and Regulation
- - 38.0.1 Adopted Rules
    - 38.0.1.1 Amending 16 TAC §116.2 to update certain definitions related to dietician licensure
39 Texas Department of Licensing and Regulation
- - 39.0.1 Adopted Rules
    - 39.0.1.1 Amending 16 TAC §116.20 to update education requirements for licensed dietitians
40 Texas Department of Licensing and Regulation
- - 40.0.1 Adopted Rules
    - 40.0.1.1 Repealing 16 TAC §116.21 to eliminate the requirement that dietitian-licensure applicants submit a transcript
41 Texas Department of Licensing and Regulation
- - 41.0.1 Adopted Rules
    - 41.0.1.1 New 16 TAC §116.22, outlining experience requirements for licensed dietitians
42 Texas Department of Licensing and Regulation
- - 42.0.1 Adopted Rules
    - 42.0.1.1 Repealing 16 TAC §116.30, which previously outlined experience requirements for licensed dietitians
43 Texas Department of Licensing and Regulation
- - 43.0.1 Adopted Rules
    - 43.0.1.1 Amending 16 TAC §116.40 and §116.42 to update examination requirements for dietitian licensure
44 Texas Department of Licensing and Regulation
- - 44.0.1 Adopted Rules
    - 44.0.1.1 Amending 16 TAC §§116.50, 116.51, 116.53 to update and clarify responsibilities of licensed dietitians
45 Texas Department of Licensing and Regulation
- - 45.0.1 Adopted Rules
    - 45.0.1.1 Amending 16 TAC §§116.80 – 116.82 to update continuing education requirements for licensed dietitians
46 Texas Department of Licensing and Regulation
- - 46.0.1 Adopted Rules
    - 46.0.1.1 Repealing 16 TAC §116.90 to update Commission and Department responsibilities with respect to the dietitian licensee registry
47 Texas Department of Licensing and Regulation
- - 47.0.1 Adopted Rules
    - 47.0.1.1 Amending 16 TAC §§116.100, 116.101, 116.104, 116.105 to update and clarify ethical responsibilities of a licensed dietitian
48 Texas Department of Licensing and Regulation
- - 48.0.1 Adopted Rules
    - 48.0.1.1 Amending 16 TAC §116.120 and adding new §§116.121 – 116.123 to update complaint and enforcement provisions for licensed dietitians
49 Texas Department of Licensing and Regulation
- - 49.0.1 Adopted Rules
    - 49.0.1.1 Repealing 16 TAC §§116.130 – 116.132, which previously governed enforcement procedure for licensed dietitians
50 Texas Department of Licensing and Regulation
- - 50.0.1 Adopted Rules
    - 50.0.1.1 Amending 16 TAC §116.141 and §116.142 to update requirements for a licensed dietitian’s provision of nutrition services or diabetes self-management training
51 Texas Department of State Health Services
- - 51.0.1 In Addition
    - 51.0.1.1 DSHS has published an Abusable Volatile Chemical Penalty Matrix
52 Texas Department of State Health Services
- - 52.0.1 In Addition
    - 52.0.1.1 DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the second half of June 2020
53 Texas Department of State Health Services
- - 53.0.1 In Addition
    - 53.0.1.1 DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the first half of June 2020
54
- - 54.0.1
    - 54.0.1.1
55
- - 55.0.1
    - 55.0.1.1
56
- - 56.0.1
    - 56.0.1.1
57
- - 57.0.1
    - 57.0.1.1
58
- - 58.0.1
    - 58.0.1.1
59
- - 59.0.1
    - 59.0.1.1
60
- - 60.0.1
    - 60.0.1.1

Governor

Notices

Proclamation 41-3747: Requiring hospitals located in designated Trauma Service Areas to suspend elective surgeries

The Governor has added the following counties to Executive Order 27, which requires hospitals in certain Texas counties to suspend elective surgeries:All counties within Trauma Service Area J: Andrews, Brewster, Crane, Ector, Glasscock, Howard, Jeff Davis, Loving, Martin, Midland, Pecos, Presidio, Reeves, Terrell, Upton, Ward, and Winkler counties;All counties within Trauma Service Area K: Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Runnels, Schleicher, Sterling, Sutton, and Tom Green counties;All counties within Trauma Service Area M: Bosque, Falls, Hill, Limestone, and McLennan counties;All counties within Trauma Service Area O that are not already covered by Executive Order GA-27: Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, San Saba, and Williamson counties;All counties within Trauma Service Area P that are not already covered by Executive Order GA-27: Atascosa, Bandera, Comal, Dimmit, Edwards, Frio, Gillespie, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Kinney, La Salle, Maverick, Medina, Real , Uvalde , Val Verde, Wilson, and Zavala counties;All counties within Trauma Service Area O that are not already covered by Executive Order GA-27: Austin, Colorado, Fort Bend, Matagorda, Montgomery, Walker, Waller, and Wharton counties;All counties within Trauma Service Area R: Brazoria, Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty, Newton, and Orange counties;All counties within Trauma Service Area S: Calhoun, DeWitt, Goliad, Jackson, Lavaca, and Victoria counties;All counties within Trauma Service Area T that are not already covered by Executive Order GA-27: Jim Hogg and Zapata counties;All counties within Trauma Service Area U that are not already covered by Executive Order GA-27: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Refugio, and San Patricio counties; andAll counties within Trauma Service Area V that are not already covered by Executive Order GA-27: Starr and Willacy counties.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 any subsequently added 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 Health and Human Services Commission

Emergency Rule

Amending 1 TAC §379.206 to provide contactless procedures for a shelter center to request a waiver or variance under the Family Violence Program

CHAPTER 379. FAMILY VIOLENCE PROGRAMSUBCHAPTER B. SHELTER CENTERSDIVISION 2. CONTRACT STANDARDS1 TAC §379.206OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 1 Texas Administrative Code (TAC), Chapter 379 Family Violence Program, amended §379.206. In response to COVID-19 and in order to reduce the risk of transmission of COVID-19, the emergency rule amends provisions related to requesting a contractual waiver or variance. BACKGROUND AND JUSTIFICATION The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus 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 of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would 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 these Family Violence Program COVID-19 Emergency Rules.Current rules in 1 TAC Chapter 379 require HHSC Family Violence Program (FVP) contractors to provide in-person group services, convene board meetings, and have signed confidentiality agreements, which may put contractors staff and clients’ health and safety at risk, at this time. Continuing to require the same levels of services and in-person participation during the time of an emergency is untenable and, without certain flexibilities, could deter survivors from accessing critical supportive services. To protect contractor staff, FVP clients, and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rule amendments to allow flexibilities in FVP service provisioning.As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Amending 1 TAC §§379.614, 379.615, 379.626, 379.628 to provide contactless procedures for shelter center administration under the Family Violence Program

CHAPTER 379. FAMILY VIOLENCE PROGRAMSUBCHAPTER B. SHELTER CENTERSDIVISION 6. PROGRAM ADMINISTRATION1 TAC §§379.614, 379.615, 379.626, 379.628OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 1 Texas Administrative Code (TAC), Chapter 379 Family Violence Program, amended §§379.614, 379.615, 379.626 and 379.628. In response to COVID-19 and in order to reduce the risk of transmission of COVID-19, the emergency rules amend provisions related to:Confidentiality information for adult residents and nonresidents,Confidentiality agreementsDisruption in providing services, andResident and non-resident rights. BACKGROUND AND JUSTIFICATION The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus 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 of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would 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 these Family Violence Program COVID-19 Emergency Rules.Current rules in 1 TAC Chapter 379 require HHSC Family Violence Program (FVP) contractors to provide in-person group services, convene board meetings, and have signed confidentiality agreements, which may put contractors staff and clients’ health and safety at risk, at this time. Continuing to require the same levels of services and in-person participation during the time of an emergency is untenable and, without certain flexibilities, could deter survivors from accessing critical supportive services. To protect contractor staff, FVP clients, and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rule amendments to allow flexibilities in FVP service provisioning.As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Amending 1 TAC §§379.701, 379.709, 379.711, 379.713 to provide contactless procedures for shelter center service delivery under the Family Violence Program

CHAPTER 379. FAMILY VIOLENCE PROGRAMSUBCHAPTER B. SHELTER CENTERSDIVISION 7. SERVICE DELIVERY1 TAC §§379.701, 379.709, 379.711, 379.713OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 1 Texas Administrative Code (TAC), Chapter 379 Family Violence Program, amended §§379.701, 379.709, 379.711 and 379.713. In response to COVID-19 and in order to reduce the risk of transmission of COVID-19, the emergency rules amend provisions related to:Shelter center services, Nonresidents’ orientation, Group intervention, andDelivery of children’s direct services.BACKGROUND AND JUSTIFICATION The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus 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 of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would 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 these Family Violence Program COVID-19 Emergency Rules.Current rules in 1 TAC Chapter 379 require HHSC Family Violence Program (FVP) contractors to provide in-person group services, convene board meetings, and have signed confidentiality agreements, which may put contractors staff and clients’ health and safety at risk, at this time. Continuing to require the same levels of services and in-person participation during the time of an emergency is untenable and, without certain flexibilities, could deter survivors from accessing critical supportive services. To protect contractor staff, FVP clients, and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rule amendments to allow flexibilities in FVP service provisioning.As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Amending 1 TAC §379.1605 to provide contactless procedures for nonresidential centers to request a waiver or variance under the Family Violence Program

CHAPTER 379. FAMILY VIOLENCE PROGRAMSUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECTSDIVISION 2. CONTRACT STANDARDS1 TAC §379.902OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 1 Texas Administrative Code (TAC), Chapter 379 Family Violence Program, amended §379.902. In response to COVID-19 and in order to reduce the risk of transmission of COVID-19, the emergency rule amends provisions related to requesting a contractual waiver or variance for special nonresidential projects. BACKGROUND AND JUSTIFICATION The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus 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 of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would 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 these Family Violence Program COVID-19 Emergency Rules.Current rules in 1 TAC Chapter 379 require HHSC Family Violence Program (FVP) contractors to provide in-person group services, convene board meetings, and have signed confidentiality agreements, which may put contractors staff and clients’ health and safety at risk, at this time. Continuing to require the same levels of services and in-person participation during the time of an emergency is untenable and, without certain flexibilities, could deter survivors from accessing critical supportive services. To protect contractor staff, FVP clients, and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rule amendments to allow flexibilities in FVP service provisioning.As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Amending 1 TAC §§379.2012, 379.2013, 379.2024, 379.2026, 379.2027 to provide contactless procedures for nonresidential center administration under the Family Violence Program

CHAPTER 379. FAMILY VIOLENCE PROGRAMSUBCHAPTER D. NONRESIDENTIAL CENTERSDIVISION 6. PROGRAM ADMINISTRATION1 TAC §§379.2012, 379.2013, 379.2024, 379.2026, 379.2027OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 1 Texas Administrative Code (TAC), Chapter 379 Family Violence Program, amended §§379.2012, 379.2013, 379.2024, 379.2026 and 379.2027. In response to COVID-19 and in order to reduce the risk of transmission of COVID-19, the emergency rules amend provisions related to:Confidentiality information for adult program participants, Confidentiality agreements, Minimum hours for a nonresidential center, Disruption in providing services, andProgram participant rights.BACKGROUND AND JUSTIFICATION The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus 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 of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would 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 these Family Violence Program COVID-19 Emergency Rules.Current rules in 1 TAC Chapter 379 require HHSC Family Violence Program (FVP) contractors to provide in-person group services, convene board meetings, and have signed confidentiality agreements, which may put contractors staff and clients’ health and safety at risk, at this time. Continuing to require the same levels of services and in-person participation during the time of an emergency is untenable and, without certain flexibilities, could deter survivors from accessing critical supportive services. To protect contractor staff, FVP clients, and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rule amendments to allow flexibilities in FVP service provisioning.As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Amending 1 TAC §§379.2106, 379.2108, 379.2110 to provide contactless procedures for nonresidential center service delivery under the Family Violence Program

CHAPTER 379. FAMILY VIOLENCE PROGRAMSUBCHAPTER D. NONRESIDENTIAL CENTERSDIVISION 7. SERVICE DELIVERY1 TAC §§379.2106, 379.2108, 379.2110OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 1 Texas Administrative Code (TAC), Chapter 379 Family Violence Program, amended §§379.2106, 379.2108 and 379.2110. In response to COVID-19 and in order to reduce the risk of transmission of COVID-19, the emergency rules amend provisions related to:Program participant’s orientation, Group intervention, andDelivery of Children’s Direct Services.BACKGROUND AND JUSTIFICATION The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus 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 of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would 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 these Family Violence Program COVID-19 Emergency Rules.Current rules in 1 TAC Chapter 379 require HHSC Family Violence Program (FVP) contractors to provide in-person group services, convene board meetings, and have signed confidentiality agreements, which may put contractors staff and clients’ health and safety at risk, at this time. Continuing to require the same levels of services and in-person participation during the time of an emergency is untenable and, without certain flexibilities, could deter survivors from accessing critical supportive services. To protect contractor staff, FVP clients, and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rule amendments to allow flexibilities in FVP service provisioning.As authorized by Texas 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Department of State Health Services

Emergency Rule

Amending 25 TAC §295.65 to allow online completion of the required annual asbestos refresher course

CHAPTER 295. OCCUPATIONAL HEALTHSUBCHAPTER C. TEXAS ASBESTOS HEALTH PROTECTION25 TAC §295.65OVERVIEW The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts on an emergency basis an amendment to §295.65 in Title 25 Texas Administrative Code, Chapter 295, Occupational Health, Subchapter C, Texas Asbestos Health Protection, concerning an emergency rule in response to COVID-19 in order to set forth standards by which licensed training providers can provide live online asbestos refresher courses as an alternative to in-person courses.BACKGROUND AND JUSTIFICATIONTo protect asbestos licensees and the public health, safety, and welfare during the COVID-19 pandemic, HHSC, on behalf of DSHS, adopts an emergency rule amendment to §295.65, Training: Approval of Training Courses, that sets forth requirements for DSHS to approve live online refresher courses as an alternative to in-person refresher courses. Completion of an annual asbestos refresher course is required to renew an asbestos license and engage in asbestos detection and abatement, which is an essential service in Texas. The rule requires approval by DSHS of live online refresher training courses; requires that online refresher courses have systems in place to authenticate student identity, protect sensitive user information, provide an interactive component, monitor time spent online, provide technical support, provide a distinct certificate, and allow course audits by DSHS; requires submission of an application for approval; and requires additional recordkeeping.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus 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 of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. DSHS and HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Texas Asbestos Health Protection rule regarding live online refresher courses.As authorized by Texas Government Code §2001.034, HHSC 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 Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Department of Insurance

Emergency Rule

Renewing the effectiveness of emergency rule 28 TAC §35.2, which requires TDI-regulated health plans to honor new prescription benefit procedures during the COVID-19 crisis

CHAPTER 35. EMERGENCY RULESSUBCHAPTER A. COVID-19 EMERGENCY RULES28 TAC §35.2OVERVIEWThe Texas Department of Insurance is renewing the effectiveness of emergency new §35.2 for a 60-day period. The text of the emergency rule was originally published in the April 10, 2020, issue of the Texas Register (45 TexReg 2378) and ensures that enrollees in TDI-regulated plans have access to the medications they need while limiting their exposure to public places during the COVID‑19 pandemicEMERGENCY RULE §35.2 RECAPThe new rule limits exposure to public places by limiting trips to the pharmacy and preventing unnecessary physical contact: Under the rule, health benefit plans will be required to cover up to a 90-day additional supply of prescription drugs regardless of when the drug was last dispensed. This applies only to situations in which a prescribing health professional has determined that the additional supply is appropriate. The rule does not affect laws limiting dispensation of certain drug classes or affect a pharmacy’s ability to limit dispensation to ensure availability of a drug. In an effort to limit physical exposure, the new rule also prevents plans from requiring signature at the point of delivery of a prescription drug unless the signature is otherwise required by law or refusing payment solely on the grounds that the drug was delivered by a local pharmacy to the enrollee.The new rule puts protections in place for enrollees who are unable to reasonably locate a prescribed drug due to supply chain issues:Health benefit plans will be required to cover prescription drugs from out-of-network pharmacies at no additional copayment, coinsurance, or other cost sharing when the enrollee cannot reasonably obtain them from an in-network pharmacy. The rule also requires health benefit plans to make alternative drugs available on-formulary or in the same preferred tier when an on-formulary or preferred drug is unavailable due to shortage or lack of distribution. If the alternative drug is substantially equivalent to the originally-prescribed drug, plans may not require prior authorization for the alternative drug. Health plans may assist enrollees in locating pharmacies to fulfill prescriptions in-network with on-formulary or preferred drugs, but the new rule prohibits health benefit plans from requiring the enrollee to travel more than 30 miles or visit multiple pharmacies.

Texas Health and Human Services Commission

Proposed Rules

Amending 1 TAC §370.602 to clarify complaint and appeals procedures for CHIP managed care organizations

CHAPTER 370. STATE CHILDREN’S HEALTH INSURANCE PROGRAMSUBCHAPTER G. STANDARDS FOR CHIP MANAGED CARE1 TAC §370.602OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §370.602, concerning Member Complaints and Appeals.BACKGROUND AND JUSTIFICATIONThe proposal is necessary to comply with The Patient Protection and Affordable Care Act of 2010, §2719, as codified in the United States Code, Title 42 §300gg-19(b), which standardizes the external review process of adverse benefit determinations for members of commercial health insurance issuers to meet federal consumer protection standards. The proposed amendment also clarifies the current Children’s Health Insurance Program (CHIP) managed care organization (MCO) Member Internal Complaint and Appeal Process.In accordance with the Code of Federal Regulations, Title 42, §457.1120, HHSC elected to follow the statewide standard review process that Texas commercial health insurance issuers use, instead of a program specific review process. Therefore, §2719 also applies to CHIP MCOs.The CHIP external review process was administered by Texas Department of Insurance (TDI). As of June 30, 2018, TDI no longer administers the CHIP external review process. All CHIP MCOs follow the federal Health and Human Services-administered external review process described in this rule amendment.SECTION-BY-SECTION SUMMARYThe proposed amendment to §370.602(a) clarifies that in addition to the Texas Insurance Code and TDI regulations, CHIP member complaints and appeals are subject to federal and state laws, regulations, and rules.The proposed new language for §370.602(b) provides information on the existing complaint and appeal process, clarifying that a CHIP member may file a complaint or appeal with their MCO through the MCO’s internal complaint and appeal system.The proposed amendment to existing §370.602(b) relabels it to §370.602(c) and clarifies that a complaint may be submitted to TDI to report an alleged MCO violation, in addition to filing with the MCO.The proposed new language for §370.602(d) describes the external review process conducted by the independent review organization (IRO). If a member or the representative of a member is dissatisfied with the MCO’s resolution of an appeal of an adverse benefit determination, and has exhausted the MCO internal appeal system, the member or the representative of a member may request an external review by the IRO.

State Board of Dental Examiners

Proposed Rules

Amending 22 TAC §102.1 to update fees for certain services

CHAPTER 102. FEES22 TAC §102.1The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §102.1, concerning fees. This amendment will:Increase certain fees to account for the agency changing to biennial renewals for dental licensure. Correct the fee as it pertains to patient protection and the Texas.gov internet portal. Reduce the fee collected for the prescription monitoring program. Add a late fee for the nitrous oxide monitoring fee and remove the nitrous oxide monitoring fee duplicate certificate fee. Increase the fee for peer assistance to the maximum amount allowed under Section 467.0041 of the Texas Health and Safety Code, and remove the fee from the rule.

State Board of Dental Examiners

Proposed Rules

Amending 22 TAC §110.2 to require the completion of an anesthesia jurisprudence assessment in order to obtain a sedation/anesthesia permit

CHAPTER 110. SEDATION AND ANESTHESIA22 TAC §110.2OVERVIEWThe State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §110.2, concerning the requirements for obtaining a sedation/anesthesia permit. This amendment would require applicants to complete an anesthesia jurisprudence assessment prior to obtaining a sedation/anesthesia permit. BACKGROUND AND JUSTIFICATIONThis rule is being proposed to comply with the requirements of Texas Occupations Code §258.1551.

State Board of Dental Examiners

Proposed Rules

Amending 22 TAC §110.9 to require sedation/anesthesia permit holders to complete an anesthesia jurisprudence assessment once every five years

CHAPTER 110. SEDATION AND ANESTHESIA22 TAC §110.9OVERVIEWThe State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §110.9, concerning the requirements for renewing an anesthesia permit. This amendment would require permit holders to complete an anesthesia jurisprudence assessment once every five years. BACKGROUND AND JUSTIFICATIONThis rule is being proposed to comply with the requirements of Texas Occupations Code §258.1552.

Texas Department on Aging and Disability Services

Proposed Rules

Repealing 40 TAC, Chapter 51 in its entirety to transfer Medically Dependent Children Program authority to HHSC

CHAPTER 51. MEDICALLY DEPENDENT CHILDREN PROGRAMSUBCHAPTER A (INTRODUCTION); SUBCHAPTER B (ELIGIBILITY, ENROLLMENT, AND SERVICES); SUBCHAPTER C (RESPONSIBILITIES OF THE INDIVIDUAL IN SECURING ADAPTIVE AIDS AND MINOR HOME MODIFICATIONS); SUBCHAPTER D (PROVIDER REQUIREMENTS); SUBCHAPTER E (CLAIMS PAYMENT AND DOCUMENTATION)OVERVIEWThe Executive Commissioner of HHSC proposes the repeal of all rules in Texas Administrative Code (TAC) Title 40, Part 1, Chapter 51, concerning Medically Dependent Children Program.As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. BACKGROUND AND JUSTIFICATIONThe purpose of the proposal is to repeal obsolete rules for the Medically Dependent Children Program (MDCP), a Medicaid §1915(c) waiver program that provides medical assistance benefits to children and young adults. The rules in 40 TAC, Chapter 51 governed the delivery of MDCP under a fee-for-service payment system.Senate Bill 7, 83rd Legislature, Regular Session, 2013, amended the Texas Government Code, Chapter 533, by adding §533.00253, STAR Kids Medicaid Managed Care Program. Section 533.00253 required HHSC to establish a STAR Kids capitated managed care program to provide medical assistance benefits to children with disabilities. Section 533.00253 also required HHSC to provide medical assistance benefits through the STAR Kids managed care program to children who were receiving benefits in MDCP.HHSC adopted managed care rules in 1 TAC, Chapter 353, Medicaid Managed Care, including §353.1155, Medically Dependent Children Program, effective November 1, 2016, that govern MDCP services provided under a Medicaid managed care program. On November 1, 2016, HHSC transitioned children and young adults enrolled in MDCP to the Medcaid managed care program.In addition to adopting MDCP rules in 1 TAC §353.1155, HHSC staff completed an analysis in January 2018, to ensure that all MDCP requirements under managed care were included in the Uniform Managed Care Contract, Uniform Managed Care Manual, STAR Kids Managed Care Contract, STAR Health Managed Care Contract, and the STAR Kids Handbook.SECTION-BY-SECTION SUMMARYThe proposed repeal of §§51.101, 51.103, 51.201, 51.203, 51.207, 51.211, 51.213, 51.215, 51.217, 51.219, 51.221, 51.231, 51.233, 51.235, 51.237, 51.241, 51.243, 51.245, 51.247, 51.251, 51.301, 51.303, 51.305, 51.307, 51.309, 51.321, 51.323, 51.325, 51.327, 51.329, 51.331, 51.401, 51.403, 51.405, 51.407, 51.409, 51.411, 51.413, 51.415, 51.417, 51.418, 51.419, 51.421, 51.423, 51.431, 51.433, 51.441, 51.461, 51.463, 51.465, 51.471, 51.473, 51.475, 51.477, 51.479, 51.481, 51.483, 51.485, 51.505, 51.509, 51.511, 51.513, and 51.515 deletes obsolete rules in 40 TAC, Part 1.

Texas Health and Human Services Commission

Adopted Rules

Amending 1 TAC §355.8212 to clarify procedures for calculating the uncompensated care (UC) payment amount for hospitals receiving DSH and UC payments

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT1 TAC §355.8212OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.8212, concerning Waiver Payments to Hospitals for Uncompensated Charity Care. The amendment is adopted with changes to the proposed text as published in the April 24, 2020, issue of the Texas Register (45 TexReg 2623). The text of the rule will be republished.The rule amendment clarifies how the uncompensated-care (UC) payment amount is calculated for a hospital receiving both Disproportionate Share Hospital (DSH) payments and UC payments, including what constitutes total eligible UC costs and eligible hospital charity-care costs, and clarifies the process of returning to governmental entities the non-federal share of funds in the event of certain recoupments.SUBSTANTIVE CHANGESSubsection (g) defines “total eligible uncompensated costs” for a hospital receiving both DSH payments and UC payments as the hospital’s DSH hospital-specific limit (HSL) plus the unreimbursed costs of inpatient and outpatient services provided to uninsured charity-care patients. The intent of this definition is to ensure that a hospital is not being reimbursed for the same costs in both DSH and UC. A hospital may have unreimbursed charity-care costs that are not included in the hospital’s DSH HSL. This rule amendment changes the definition of “total eligible uncompensated costs” to clarify that a hospital’s total eligible uncompensated costs include the unreimbursed charity-care costs that are not included in the hospital’s state payment cap for interim UC payments, or the hospital’s DSH HSL in the UC reconciliation, for the corresponding program year.In addition, the rule amendment clarifies that a hospital’s uninsured charity-care payments must be included in a hospital’s UC application and will be considered in the calculation of a hospital’s annual maximum uncompensated-care payment. The rule amendment is consistent with the current UC protocol described in the Texas Healthcare Transformation and Quality Improvement Program 1115 Medicaid demonstration waiver, approved by the Centers for Medicare & Medicaid Services (CMS).The rule amendment also changes the recoupment provision to clarify that, in the event funds are recouped from a hospital, the non-federal share will be returned to the governmental entities in proportion to each entity’s initial contribution to funding the UC program for that hospital’s Service Delivery Area (SDA) in the applicable program year.

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§110.21, 110.23, 110.30 and 110.70 to update examination and temporary licensing requirements for athletic trainers

CHAPTER 110. ATHLETIC TRAINERS16 TAC §§110.21, 110.23, 110.30, 110.70OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 110, §§110.21, 110.23, 110.30, and 110.70, regarding the Athletic Trainers program, without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1105). These rules will not be republished.BACKGROUND AND JUSTIFICATION The adopted rules consist of recommendations made by a workgroup of the Advisory Board of Athletic Trainers and recommendations from staff. A comprehensive description of recommendations made by the Advisory Board of Athletic Trainers workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5171). SECTION-BY-SECTION SUMMARYThe adopted rules amend §110.21 by adding human physiology as a required course area for licensure under Texas Occupations Code §451.153(a)(1), clarifying that an affiliated apprenticeship setting may be any setting where athletic training takes place, and adding administrative management and assessment of injuries as required apprenticeship topics. The adopted rules also remove from subsection (c)(3) the description of an affiliated setting as being in a collegiate, secondary school, or professional setting as that description includes every setting where athletic training might take place.The adopted rules amend §110.23 by adding a non-exclusive list of the domains that may be tested on the Texas written examination. The adopted rules also remove the January 1, 2004 date by which an applicant must have passed the BOC examination, in order for the BOC exam results to be accepted in lieu of passing the Texas examination.The adopted rules amend §110.30 by changing the term of a temporary license and making clean-up changes to better describe the process for issuing temporary licenses. The provision for voiding a temporary license is not necessary because the license term does not extend past a point at which it would need to be voided.The adopted rules amend §110.70 by removing a prohibition on athletic trainers including testimonials in their advertising and renumbering the section accordingly.

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.13 to use gender-neutral language with reference to Speech-Language Pathologist and Audiologist Advisory Board officers

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER B. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD16 TAC §111.13OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter B, §111.13, regarding officers of the Speech-Language Pathologist and Audiologist Advisory Board. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.13, Officers. The adopted rules update the terminology in subsection (b) to use gender neutral language. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.20 and §111.23 to update references to the Speech-Language Pathologist and Audiologist jurisprudence examination

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER C. EXAMINATIONS16 TAC §111.20, §111.23OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter C, §111.20 and §111.23, regarding Speech-Language Pathologist and Audiologist examinations. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.20, License Examination–General Requirements. The adopted rules amend this section to update the reference to the jurisprudence examination. (Terminology and Clean-up Changes)The adopted rules amend §111.23, License Examination–Jurisprudence Examination. The adopted rules amend this section to update the references to the jurisprudence examination. (Terminology and Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.35 and §111.37 to update requirements for Speech-Language Pathology licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER D. REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE16 TAC §111.35, §111.37OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter D, §111.35, §111.37, regarding requirements for Speech-Language Pathology licensure. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.35, Speech-Language Pathology License–Application and Eligibility Requirements. The adopted rules amend subsection (b) to update the reference to the jurisprudence examination. The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.37, Speech-Language Pathology License–License Terms; Renewals. The adopted rules amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. (Terminology and Other Clean-up Changes) The adopted rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§111.41, 111.42, 111.45, 111.47 to update requirements for Speech-Language Pathology intern licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER E. REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE16 TAC §§111.41, 111.42, 111.45, 111.47OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter E, §§111.41, 111.42, 111.45 and 111.47, regarding requirements for Speech-Language Pathology intern licensure. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.41, Intern in Speech-Language Pathology License–Internship and Supervision Requirements. The adopted rules amend the terminology in subsection (g) to use gender-neutral language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.42, Intern in Speech-Language Pathology License–Practice and Duties of Interns. The adopted rules restructure the current provisions and remove the prohibition on listing the American Speech-Language-Hearing Association (ASHA) Clinical Fellow (CF) credential in the intern’s title. This change allows an individual to list the credential, in addition to the intern’s license title. (Licensing Workgroup Changes)The adopted rules amend §111.45, Intern in Speech-Language Pathology License–Application and Eligibility Requirements. The adopted rules amend subsection (b) to update the reference to the jurisprudence examination. The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.47, Intern in Speech-Language Pathology License–License Terms; Renewals. The adopted rules amend subsection (a) to add a reference to new Texas Occupations Code §51.203(b) as the authority to have one-year licenses for interns. The adopted rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)The adopted rules under §111.47 also amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§111.52, 111.55, 111.57 to update requirements for Speech-Language Pathology assistant licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE16 TAC §§111.52, 111.55, 111.57OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter F, §§111.52, 111.55, 111.57, regarding requirements for Speech-Language Pathology assistant licensure. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.52, Assistant in Speech-Language Pathology License–Practice and Duties of Assistants. The adopted rules amend the terminology in subsection (e) to use gender-neutral language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.55, Assistant in Speech-Language Pathology License–Application and Eligibility Requirements. The adopted rules amend subsection (b) to update the reference to the jurisprudence examination. The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.57, Assistant in Speech-Language Pathology License–License Terms; Renewals. The adopted rules amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. (Terminology and Other Clean-up Changes) The adopted rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.75 and §111.77 to update requirements for Audiology licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER H. REQUIREMENTS FOR AUDIOLOGY LICENSE16 TAC §111.75, §111.77OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter H, §111.75 and §111.77, regarding requirements for Audiology licensure. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.75, Audiology License–Application and Eligibility Requirements. The statute requires an applicant for an audiology license to hold a doctoral degree in audiology or a related hearing science. The adopted rules amend subsection (b)(4) to reflect the correct degree and area of study for an audiology license and to align with the current requirements under §111.70(c), Audiology License–Licensing Requirements. (Licensing Workgroup Changes)The adopted rules under §111.75 also amend subsection (b) to update the reference to the jurisprudence examination. The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.77, Audiology License–License Terms; Renewals. The adopted rules amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. (Terminology and Other Clean-up Changes) The adopted rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§111.81, 111.85, 111.87 to update requirements for Audiology intern licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER I. REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE16 TAC §§111.81, 111.85, 111.87OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter I, §§111.81, 111.85 and 111.87, regarding requirements for Audiology intern licensure. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.81, Intern in Audiology License–Internship and Supervision Requirements. The adopted rules amend the terminology in subsection (e) to use gender-neutral language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.85, Intern in Audiology License–Application and Eligibility Requirements. The adopted rules amend subsection (b) to update the reference to the jurisprudence examination. The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.87, Intern in Audiology License–License Terms; Renewals. The adopted rules amend subsection (a) to add a reference to new Texas Occupations Code §51.203(b) as the authority to have one-year licenses for interns. The adopted rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)The adopted rules under §111.87 also amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§111.92, 111.95, 111.97 to update requirements for Audiology assistant licensure

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER J. REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE16 TAC §§111.92, 111.95, 111.97OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter J, §§111.92, 111.95 and 111.97, regarding requirements for Audiology assistant licensure. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.92, Assistant in Audiology License–Practice and Duties of Assistants. The adopted rules amend the terminology in subsections (d) and (f) to use gender-neutral language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.95, Assistant in Audiology License–Application and Eligibility Requirements. The adopted rules amend subsection (b) to update the reference to the jurisprudence examination. The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.97, Audiology Assistant License–License Terms; Renewals. The adopted rules amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. (Terminology and Other Clean-up Changes) The adopted rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.115 and §111.117 to update requirements for obtaining a dual license in Speech-language Pathology and Audiology

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER L. REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY16 TAC §111.115, §111.117OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter L, §111.115 and §111.117, regarding requirements for obtaining a dual license in Speech-language Pathology and Audiology. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.115, Dual License in Speech-Language Pathology and Audiology–Application and Eligibility Requirements. The adopted rules amend subsection (b) to update the reference to the jurisprudence examination. The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.117, Dual License in Speech-Language Pathology and Audiology–License Terms; Renewals. The adopted rules amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. (Terminology and Other Clean-up Changes) The adopted rules also add new subsection (e) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

New 16 TAC §§111.120 – 111.125, creating and implementing the retired voluntary charity care status license

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER M. RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE16 TAC §§111.120 – 111.125OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts new 16 Texas Administrative Code (TAC), Chapter 111, Subchapter M, §§111.120 – 111.125, creating and implementing the retired voluntary charity care status license. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules under new Subchapter M create and implement the retired voluntary charity care license and specify the requirements for applying for and holding this type of license. As required by the statute, the adopted rules define voluntary charity care and provide for reduced fees and continuing education requirements for a retired health care practitioner whose only practice is voluntary charity care. (Bill Implementation Changes)The adopted rules add new §111.120, Applicability of Subchapter. The adopted rules specify the license types under Chapter 401 that are eligible for retired voluntary charity care status. This subchapter does not apply to the intern licenses. The definition of “volunteer health care provider” under Civil Practice and Remedies Code §84.003, which was referenced in other sections of HB 2680, includes the active and retired versions of the four license types listed in §111.120. Section 84.003 does not include interns. (Bill Implementation Changes)The adopted rules add new §111.121, Definitions. The adopted rules define “voluntary charity care” and “compensation.” (Bill Implementation Changes)The adopted rules add new §111.122, Eligibility and Initial Application. The adopted rules establish the eligibility and application requirements for obtaining a retired voluntary charity care status license. (Bill Implementation Changes)The adopted rules add new §111.123, Practice and Disciplinary Actions. The adopted rules establish the practice restrictions for a person holding a retired voluntary charity care status license and specify that a person holding this license is subject to disciplinary action. (Bill Implementation Changes)The adopted rules add new §111.124, License Term; Renewal. The adopted rules establish a two-year license term for the retired voluntary charity care status license and specify the license renewal requirements, which include reduced continuing education hours. (Bill Implementation Changes)The adopted rules add new §111.125, Returning to Active Status. The adopted rules establish the requirements for a person who holds a retired voluntary charity care status license and who wants to return to active status. These requirements include completing any additional hours of continuing education to meet the active license renewal requirements and submitting the license renewal fee for the applicable active license. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§111.130 – 111.132 to update continuing education requirements for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER N. CONTINUING PROFESSIONAL EDUCATION16 TAC §§111.130 – 111.132OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter N, §§111.130 – 111.132, regarding continuing education requirements for Speech-Language Pathologists and Audiologists. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.130, Continuing Professional Education–Requirements and Hours. The adopted rules amend subsection (e) to specify the reduced continuing education hours for the retired voluntary charity care status licenses. The required hours are half of the continuing education hours required for active licenses. (Bill Implementation Changes)The adopted rules amend §111.131, Continuing Professional Education–Courses and Credits. The adopted rules amend subsection (d) to update the reference to the jurisprudence examination. (Terminology and Other Clean-up Changes)The adopted rules amend §111.132, Continuing Professional Education–Records and Audits. The adopted rules update the terminology in subsection (a) to use gender-neutral language; change the references from “license holder” to “licensee” in subsection (d) for consistency purposes within the section; and make other clean-up changes to subsection (d). (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§111.150, 111.151, 111.154, 111.155 to clarify ethical responsibilities for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER P. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS16 TAC §§111.150, 111.151, 111.154, 111.155OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter P, §§111.150, 111.151, 111.154 and 111.155, regarding ethical responsibilities for Speech-Language Pathologists and Audiologists. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.150, Changes of Name, Address, or Other Information. The adopted rules separate existing subsection (b) into two subsections. Subsection (b) addresses the requirements for submitting name changes. New subsection (c) addresses obtaining a duplicate license. (Terminology and Other Clean-up Changes)The adopted rules amend §111.151, Consumer Information and Display of License. The adopted rules update the consumer information notice and the license posting requirements. The adopted rules allow a licensee, who does not have a primary office or place of employment or who is employed in multiple locations, to carry a current license identification card. The adopted rules prohibit a licensee from displaying a photocopy of a license certificate or carrying a photocopy of an identification card in lieu of the original document. The adopted rules also make clean-up changes. (Licensing Workgroup Change)The adopted rules amend §111.154, Requirements, Duties, and Responsibilities of Supervisors and Persons Being Supervised. The adopted rules update subsection (a) regarding the licensee’s “internship year” counting toward the two years of experience necessary to supervise. This change clarifies that one year of the licensee’s internship shall count toward the supervision requirements. (Licensing Workgroup Changes) The adopted rules also update the terminology in subsection (h) to use gender-neutral language. (Terminology and Other Clean-up Changes)The adopted rules amend §111.155, Standards of Ethical Practice (Code of Ethics). The adopted rules update the statutory cross-references in subsections (a) and (b); update the terminology in subsection (b) to use gender-neutral language; and remove outdated references to “registrant” in subsections (a) and (b). (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.160 to specify reduced fees for the new retired voluntary charity care license for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER Q. FEES16 TAC §111.160OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter Q, §111.160, regarding fees for Speech-Language Pathologists and Audiologists. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.160, Fees. The adopted rules add a new subsection (i) to specify the reduced fees for the retired voluntary charity care status license. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.171 and adding new §§111.172 – 111.176 to update complaint and enforcement provisions for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER R. COMPLAINTS AND ENFORCEMENT PROVISIONS16 TAC §§111.171 – 111.176OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter R, §111.17, and adopts new §§111.172 – 111.176, regarding complaints and enforcement provisions for Speech-Language Pathologists and Audiologists. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend the title of Subchapter R to read “Complaints and Enforcement Provisions.” The adopted rules combine Subchapters R and S into one subchapter. The enforcement sections under Subchapter S are being relocated to Subchapter R. (Terminology and Other Clean-up Changes)The adopted rules amend §111.171, Complaints. The adopted rules update the title of §111.171 to reflect the expanded scope of the section. The adopted rules add new subsection (b) as a notice to licensees and to the public regarding qualified persons, including licensees and advisory board members, assisting the Department in reviewing and investigating complaints and being immune from liability related to those activities. (HB 2847, §7.003)The adopted rules under §111.171 also add new subsection (c) as a notice to licensees and to the public regarding the confidentiality of complaint and disciplinary information. Former Texas Occupations Code §401.2535 addressed these issues for speech-language pathologists, audiologists, interns, and assistants. HB 2847, Article 7, §7.008, repealed §401.2535 and similar confidentiality provisions in other health professions statutes. HB 2847, Article 7, §7.004, added a new standardized confidentiality provision in Texas Occupations Code, Chapter 51 that is applicable to certain specified health professions, including speech-language pathologists, audiologists, interns, and assistants. (HB 2847, §7.004). (Bill Implementation Changes)The adopted rules add new §111.172, Administrative Penalties and Sanctions. This new section was former §111.180. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)The adopted rules add new §111.173, Enforcement Authority. This new section was former §111.181. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)The adopted rules add new §111.174, Refunds. This new section was former §111.182. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)The adopted rules add new §111.175, Surrender of License. This new section was former §111.183. The adopted rules add a new subsection (d) to clarify that §111.175 (former §111.183) does not apply to licenses that are subject to the new §111.176, which implements HB 1899. (Bill Implementation Changes)The adopted rules add new §111.176, Automatic Denials and Revocations. This new section implements HB 1899, Section 8, and specifically new Texas Occupations Code §108.052 and §108.053. These provisions apply to all licenses under this chapter. (Bill Implementation Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Repealing 16 TAC, Subchapter S, which previously governed enforcement procedure for Speech-Language Pathologists and Audiologists

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER S. ENFORCEMENT PROVISIONS16 TAC §§111.180 – 111.183OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter S, §§111.180 – 111.183, regarding enforcement provisions for Speech-Language Pathologists and Audiologists. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYSubchapter S is being eliminated, and the complaints and enforcement provisions are being combined under Subchapter R. (Terminology and Other Clean-up Changes)The adopted rules repeal §111.180, Administrative Penalties and Sanctions. This section has been relocated to new §111.172. (Terminology and Other Clean-up Changes)The adopted rules repeal §111.181, Enforcement Authority. This section has been relocated to new §111.173. (Terminology and Other Clean-up Changes)The adopted rules repeal §111.182, Refunds. This section has been relocated to new §111.174. (Terminology and Other Clean-up Changes)The adopted rules repeal §111.183, Surrender of License. This section has been relocated to new §111.175. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.192 to update requirements for newborn hearing screenings

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER T. SCREENING PROCEDURES16 TAC §111.192OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter T, §111.192, regarding screening procedures for Speech-Language Pathologists and Audiologists. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §111.192, Newborn Hearing Screening. The adopted rules update the cross-reference to the applicable rules. The cross-referenced rules require referral as soon as possible, but in no case more than 7 days after identification. The adopted rules remove the two-day referral requirement and the specific section citations. The adopted rules cite to the appropriate rule chapters and require licensees to comply with the requirements contained within. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Repealing 16 TAC §111.200 and amending §111.201 to update requirements for the fitting and dispensing of hearing instruments

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSSUBCHAPTER U. FITTING AND DISPENSING OF HEARING INSTRUMENTS16 TAC §111.200, §111.201OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter U, §111.200, and amend §111.201, regarding the fitting and dispensing of hearing instruments.The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1109). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules repeal §111.200, Registration of Audiologists and Interns in Audiology to Fit and Dispense Hearing Instruments. The adopted rules implement HB 2847, Article 10 by repealing the requirement for an audiologist or an intern in audiology, who fits and dispenses hearing instruments, to register with the Department the person’s intention to fit and dispense hearing instruments. (Bill Implementation Changes)The adopted rules amend §111.201, General Practice Requirements of Audiologists and Interns in Audiology Who Fit and Dispense Hearing Instruments. The adopted rules implement HB 2847, Article 10 by removing language regarding the audiologist or the intern in audiology being “registered” to fit and dispense hearing instruments and by requiring inclusion of the Department’s website address in written contracts. Any changes to the written contract provisions in §111.220, Joint Rules on Fitting and Dispensing Hearing Instruments, will need to be made separately in conjunction with the Hearing Instrument Fitters and Dispensers Advisory Board. (Bill Implementation Changes)The adopted rules under §111.201 also update the terminology in paragraph (2) to use gender-neutral language and make other clean-up changes in paragraph (2). (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847 (Article 7, §§7.001, 7.003, 7.004, and 7.008; and Article 10), 86th Legislature, Regular Session (2019). A comprehensive description of requirement set out by each bill is included in this week’s edition of the Texas Register (45 Tex Reg 5173). The adopted rules are also necessary to implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes. A comprehensive description of recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5173).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §111.212 to clarify requirements for the delivery of telehealth services by Speech-Language Pathologists and Audiologists

Adopted Rules

Amending 16 TAC §114.40 to update license-renewal requirements for Orthotists and Prosthetists

CHAPTER 114. ORTHOTISTS AND PROSTHETISTS16 TAC §114.40OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 114, §114.40, regarding the Orthotists and Prosthetists Program.The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1142). The rule will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rule amends §114.40, Renewal, by clarifying the rule section’s definition of “licensee” in subsection (a) to reflect the definition used throughout Chapter 114. Additionally, the adopted rule amends the section to include new subsection (c)(7), a requirement for human trafficking prevention training prior to license renewal as required by HB 2059 and Texas Occupations Code §116.003.BACKGROUND AND JUSTIFICATION The adopted rule implements the requirements of House Bill (HB) 2059 of the 86th Texas Legislature, Regular Session (2019), and Texas Occupations Code Chapter 116, requiring human trafficking prevention training for health care practitioners prior to the renewal of a license. The adopted rule also amends the existing rule section’s definition of “licensee” to reflect the definition used throughout Chapter 114 of the Department’s rules for purposes of clarity and consistency.

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §115.14 and §115.70 to update license-renewal and conduct requirements for midwives

CHAPTER 115. MIDWIVES16 TAC §115.14, §115.70OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 115, §115.14 and §115.70, regarding the Midwives program. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1143). The rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §115.14, License Renewal, by adding new subsection (b) to include proof of completion of the human trafficking prevention training in the list of items that must be submitted to the Department for renewal of a midwife license on or after September 1, 2020.The adopted rules amend §115.70, Standards of Conduct, by removing “conviction of a felony or a misdemeanor involving moral turpitude” from subparagraph (1)(C) and re-labeling the remaining subparagraphs appropriately.BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement House Bill (HB) 2059 and Senate Bill (SB) 1531.HB 2059 amends the Occupations Code by adding new Chapter 116, Training Course on Human Trafficking Prevention, which requires certain health care practitioners, including midwives, to successfully complete a training course approved by the Executive Commissioner of the Health and Human Services Commission (HHSC) on identifying and assisting victims of human trafficking as a condition for renewal of a license on or after September 1, 2020.SB 1531 amends Occupations Code, Chapter 203, by removing conviction of a “misdemeanor of moral turpitude or a felony” from the list of items in Occupations Code §203.404 that authorize the Commission or the Executive Director of the Department to discipline a midwife or deny an application for a midwife license or its renewal.

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §120.26 to update requirements for Dyslexia Therapist and Dyslexia Practitioner licensure

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS16 TAC §120.26OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.26, regarding the Dyslexia Therapy program.The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1160). The rule will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rule amends §120.26, Renewal, by changing subsection (b) to include the requirement for proof of completion of the human trafficking prevention training to be submitted to the Department for renewal of a license on or after September 1, 2020. The previously existing language in subsections (b) – (d) is transferred to subsections (c) – (e), respectively, resulting in the creation of new subsection (e).BACKGROUND AND JUSTIFICATION The adopted rule is necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 amends the Occupations Code by adding new Chapter 116, Training Course on Human Trafficking Prevention, which requires certain health care practitioners, including licensed dyslexia therapists and licensed dyslexia practitioners, to successfully complete a training course approved by the executive commissioner of the Health and Human Services Commission (HHSC) on identifying and assisting victims of human trafficking as a condition for renewal of a license on or after September 1, 2020. The adopted rule adds proof of completion of such training to the list of items required for renewal of a licensed dyslexia therapist license and a licensed dyslexia practitioner license on or after September 1, 2020.

Texas Department of Licensing and Regulation

Adopted Rules

Amending seven sections in 16 TAC, Chapter 121 to update requirements for Behavior Analyst licensure

CHAPTER 121. BEHAVIOR ANALYST16 TAC §§121.10, 121.21, 121.22, 121.26, 121.70, 121.75, 121.95OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §§121.10, 121.21, 121.22, 121.26, 121.70, 121.75, and 121.95, regarding the Behavior Analysts program. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1161). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §121.10 by adding definitions for “authorized representative,” “multiple relationship,” “service agreement,” and “treatment plan,” and expand the definition of “client.” The section is renumbered accordingly.The adopted rules amend §121.21 by providing for acceptable abbreviations of the licensed behavior analyst title.The adopted rules amend §121.22 by providing for acceptable abbreviations of the licensed assistant behavior analyst title.The adopted rules amend §121.26 by adding the new requirement for human trafficking prevention training as a condition for license renewals on or after September 1, 2020, and renumbers the section.The adopted rules amend §121.70 by reorganizing, expanding, clarifying, and adding specificity to the responsibilities of license holders. The section is renumbered accordingly.The adopted rules amend §121.75 by reorganizing, expanding, clarifying, and adding specificity for minimum standards of ethical practice for behavior analysis. The section is renumbered accordingly.The adopted rules amend §121.95 by implementing Texas Occupations Code §51.252, which provides immunity for assisting in the review and investigation of complaints. The adopted rules also remove a requirement for display of the license because the requirement has been moved to §121.70. References to relevant statutes and rules are added and corrected, and the section is renumbered accordingly.BACKGROUND AND JUSTIFICATION The adopted rules implement House Bill (HB) 2847, Article 7, §7.003, 86th Legislature, Regular Session (2019), which amends Texas Occupations Code, Chapter 51, adding new subsection 51.252(e) regarding contracting with and providing immunity for individuals assisting in complaint investigations. The adopted rules also implement HB 2059, §1, 86th Legislature, Regular Session (2019), which adds Chapter 116 to the Texas Occupations Code, imposing a requirement for a training course on human trafficking prevention as a condition for certain license renewals on or after September 1, 2020. The adopted rules also implement recommendations from the Behavior Analyst Advisory Board (Advisory Board) to significantly reorganize, expand, and provide specifics for the responsibilities and ethics code of license holders, including expanding the definitions section.The Board and staff also included specific requirements for acceptable abbreviation of license holders’ titles under the Act, new and updated references to statutes and rules, editorial corrections, and rewording.

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §116.2 to update certain definitions related to dietician licensure

CHAPTER 116. DIETITIANSSUBCHAPTER A. GENERAL PROVISIONS16 TAC §116.2OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter A, §116.2, regarding general provisions for dietician licensure.The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §116.2, Definitions. The adopted rules add a definition for “Accreditation Council for Education in Nutrition and Dietetics (ACEND),” remove the definition of “CPE” (continuing professional experience), and renumber the definitions accordingly. (Licensing Workgroup Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §116.20 to update education requirements for licensed dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER C. EDUCATION REQUIREMENTS16 TAC §116.20OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter C, §116.20, regarding education requirements for licensed dietitians. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend the title of Subchapter C to read “Education and Experience Requirements.” The adopted rules combine Subchapters C and D into one subchapter. The experience requirements under Subchapter D are being relocated to Subchapter C. (Licensing Workgroup Changes)The adopted rules amend the title of §116.20 to “Education Requirements–Degrees and Course Work.” With the addition of the experience requirements to this subchapter, the adopted rules clarify that §116.20 contains the education requirements.The adopted rules also amend §116.20 to streamline the license application process and restructure and clarify the existing provisions.The adopted rules amend subsections (c) and (d) regarding “an equivalent major course of study approved by the Department” as prescribed under Texas Occupations Code §701.254(1)(B). The Department has determined that a major course of study that is acceptable to the Commission on Dietetic Registration (CDR) to qualify to take the CDR examination is “an equivalent major course of study approved by the Department” and is acceptable to the Department for licensure. The adopted rules amend subsection (c) to clearly state the statutory requirements under §701.254(1) and amend subsection (d) to remove the option that details specific course work and semester hours. The adopted rules eliminate the need for the applicant to send the applicant’s transcripts to the Department.The adopted rules add new subsection (e) that requires the applicant to provide an active CDR registration number at the time of license application to show proof of meeting the education requirements under this section. This change will streamline the license application process. New subsection (e) aligns with the requirements under §§116.22(c), 116.42(e), and 116.50(b).The adopted rules delete former subsections (e), (f), and (g), since these provisions were no longer necessary. (Licensing Workgroup Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Repealing 16 TAC §116.21 to eliminate the requirement that dietitian-licensure applicants submit a transcript

CHAPTER 116. DIETITIANSSUBCHAPTER C. EDUCATION REQUIREMENTS16 TAC §116.21OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter C, §116.21, regarding transcript requirements for licensed dietitians. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules repeal §116.21, Transcripts. The adopted rules streamline the license application process by eliminating the submission of transcripts to the Department. CDR has already reviewed the applicant’s transcripts to determine eligibility to take the CDR examination. Transcripts, degrees, and coursework that are acceptable to CDR for qualifying to take the CDR exam are acceptable to the Department for licensure. The applicant only needs to provide the active CDR registration number to the Department. (Licensing Workgroup Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

New 16 TAC §116.22, outlining experience requirements for licensed dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER C. EDUCATION REQUIREMENTS16 TAC §116.22OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter C, §116.22, regarding experience requirements for licensed dietitians. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules add new §116.22, Experience Requirements–Internships and Professional Experience Programs. This new section was former §116.30. It has been relocated from Subchapter D, Experience Requirements. (Licensing Workgroup Changes)The adopted rules under subsection (a) restate the statutory requirements under Texas Occupations Code §701.254(2). The adopted rules under subsection (b) update the current rule requirements regarding internships in dietetics practice and preplanned, documented, professional experience programs in dietetics practice. The new adopted rules reflect the possible experience options that are still within the authority and scope of the Dietitians statute.The adopted rules under subsection (c) have been updated to require the applicant to provide an active CDR registration number, instead of a copy of the CDR registration card, at the time of license application to show proof of meeting the experience requirements under this section. This change will streamline the license application process. New subsection (c) aligns with the requirements under §§116.20(e), 116.42(e), and 116.50(b). (Licensing Workgroup Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Repealing 16 TAC §116.30, which previously outlined experience requirements for licensed dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER D. EXPERIENCE REQUIREMENTS16 TAC §116.30OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter D, §116.30, regarding experience requirements for licensed dietitians. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYSubchapter D is eliminated, and the education and experience requirements are combined under Subchapter C. (Licensing Workgroup Changes)The adopted rules repeal §116.30, Preplanned Professional Experience Programs and Internships, and relocate the experience requirements to Subchapter C with the education requirements. The provisions under this section are located under new §116.22. (Licensing Workgroup Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §116.40 and §116.42 to update examination requirements for dietitian licensure

CHAPTER 116. DIETITIANSSUBCHAPTER E. EXAMINATION REQUIREMENTS16 TAC §116.40, §116.42OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter E, §116.40 and §116.42 regarding examination requirements for dietitian licensure. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §116.40, License Examination Requirements–General. The adopted rules streamline and clarify the license examination requirements. The adopted rules remove former subsection (c), which was unnecessary in the rules since the Department-required examination is the CDR examination. (Licensing Workgroup Changes)The adopted rules amend §116.42, License Examination Process. The adopted rules streamline and clarify the license examination requirement. The adopted rules require the applicant to submit the CDR registration number as proof of passing the examination. No other documentation must be provided to the Department. The adopted new subsection (e) aligns with the requirements under §§116.20(e), 116.22(c), and 116.50(b). (Licensing Workgroup Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§116.50, 116.51, 116.53 to update and clarify responsibilities of licensed dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER F. LICENSED DIETITIANS16 TAC §§116.50, 116.51, 116.53OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter F, §§116.50, 116.51 and 116.53, regarding licensed dietitian responsibilities. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §116.50, Licensed Dietitians–Application and Eligibility Requirements. The adopted rules streamline and clarify the license application requirements. Under subsection (b), the applicant no longer has to submit transcripts or a copy of the active CDR registration card. The applicant only needs to provide the active CDR registration number to the Department to show proof of meeting the education, experience, and examination requirements. Under subsection (c), clarifying language has been added regarding the criminal history background checks. (Licensing Workgroup Changes) In addition, the adopted rules delete former subsection (e) to implement HB 2847, Article 12, which repealed §701.151(b)(4). (Bill Implementation Changes)The adopted rules amend §116.51, Licensed Dietitians–Fitness of Applicants for Licensure. The adopted rules update the cross-reference in subsection (a) to implement HB 2847, Article 12. (Bill Implementation Changes) In addition, the adopted rules update the fitness requirements that are prescribed by statute. The adopted rules eliminate unnecessary requirements and include disciplinary actions taken by CDR. The adopted rules also make clean-up changes. (Licensing Workgroup Changes)The adopted rules amend §116.53, Licensed Dietitians–License Term; Renewals. The adopted rules under subsection (c) remove the requirement to submit proof of completing the jurisprudence exam for a license renewal. The adopted rules also relocate the criminal history and fitness provisions from subsection (c) to mirror the initial application structure. The adopted rules under subsection (d) add clarifying language regarding the criminal history background checks. (Licensing Workgroup Changes)In addition, the adopted rules under §116.53 implement HB 2059 and HB 2847, Article 12. New subsection (f) was added to implement HB 2059 regarding the required human trafficking prevention training. Former subsection (e) was eliminated to implement HB 2847, Article 12, by removing the reference to §701.151. While §701.151(b)(4) was repealed by HB 2847, §701.401 still exists. Section 701.401 includes a mandatory refusal to renew provision. (Bill Implementation Changes)Finally, the adopted rules under §116.53 consolidate former subsections (d), (e), and (f) into one subsection that is re-lettered as subsection (g). The text of former subsections (e) and (f) was removed and replaced with cross-references to the statutory provisions. The cross-reference to §701.151 was replaced with the cross-reference to §701.401. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§116.80 – 116.82 to update continuing education requirements for licensed dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER I. CONTINUING EDUCATION16 TAC §§116.80 – 116.82OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter I, §§116.80 – 116.82, regarding continuing education requirements for licensed dietitians. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §116.80, Continuing Education–General Requirements and Hours. The adopted rules remove an unnecessary provision under former subsection (a). Provisional licenses no longer exist, so it is no longer necessary to specify the applicability of this section. The adopted rules remove former subsection (c) since §116.81(c) and §116.83(b) address continuing education hours completed before and after the license term. (Licensing Workgroup Changes)The adopted rules amend §116.81, Continuing Education–Approved Courses and Credits. The adopted rules under subsection (c) make clean-up changes. The adopted rules under subsection (d) allow the jurisprudence exam to be taken as part of continuing education hours, but the jurisprudence exam is no longer required for renewal. The adopted rules under subsection (d) grant one hour of continuing education credit for taking the jurisprudence exam. The adopted rules under subsection (e) eliminate the requirement to take the jurisprudence exam at renewal. (Licensing Workgroup Changes)The adopted rules amend §116.82, Continuing Education–Records and Audits. The adopted rules update the terminology in subsection (a) to use gender neutral language. The adopted rules update the references in subsections (a) and (b) from “license holder” to “licensee” for consistency purposes throughout this section and the chapter. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Repealing 16 TAC §116.90 to update Commission and Department responsibilities with respect to the dietitian licensee registry

CHAPTER 116. DIETITIANSSUBCHAPTER J. RESPONSIBILITIES OF THE COMMISSION AND THE DEPARTMENT16 TAC §116.90OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter J, §116.90, outlining Commission and Department responsibilities with respect to the dietitian registry. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules repeal §116.90, Registry. The adopted rules repeal the registry rule due to changes in the licensee information that is posted on the Department website. The registry is required by statute under Texas Occupations Code §701.1511. The registry is still available, but a rule is not necessary. The adopted rules eliminate provisions referencing specific information that will be included in the registry or posted on the Department website. (Licensing Workgroup Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §§116.100, 116.101, 116.104, 116.105 to update and clarify ethical responsibilities of a licensed dietitian

CHAPTER 116. DIETITIANSSUBCHAPTER K. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS16 TAC §§116.100, 116.101, 116.104, 116.105OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendment to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter K, §§116.100, 116.101, 116.104 and 116.105, regarding ethical responsibilities of a licensed dietitian. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §116.100, Display of License. The adopted rules remove an unnecessary provision under former subsection (a). Provisional licenses no longer exist, so it is no longer necessary to specify the applicability of this section. The remaining subsections are re-lettered. (Terminology and Other Clean-up Changes)The adopted rules amend §116.101, Changes of Name or Address. The adopted rules remove an unnecessary provision under former subsection (a). Provisional licenses no longer exist, so it is no longer necessary to specify the applicability of this section. The remaining subsections are re-lettered. Re-lettered subsection (b) has been separated into two subsections. Re-lettered subsection (b) addresses name changes and updates the language regarding the submission of changes. New subsection (c) addresses obtaining a duplicate license. (Terminology and Other Clean-up Changes)The adopted rules amend §116.104, Unlawful, False, Misleading, or Deceptive Advertising. The adopted rules update the terminology under subsection (a) to use gender neutral language. (Terminology and Other Clean-up Changes) In addition, the adopted rules remove the blanket prohibition on testimonials under subsection (b) in accordance with Texas Attorney General Opinion JC-0458 (February 8, 2002). The remaining provisions are renumbered. (Licensing Workgroup Changes)The adopted rules amend §116.105, Code of Ethics. The adopted rules update the terminology in subsections (a) and (b) to use gender neutral language and to use “person first respectful terminology.” The adopted rules also update the cross-references to other statutes in subsections (a) and (e). (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §116.120 and adding new §§116.121 – 116.123 to update complaint and enforcement provisions for licensed dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER M. COMPLAINTS AND ENFORCEMENT PROVISIONS16 TAC §§116.120 – 116.123OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendment to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter M, §116.120, and new §§116.121 – 116.123, regarding complaint and enforcement provisions for licensed dietitians. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend the title of §116.120 to read “Complaints.” This change reflects the expanded scope of the section.The adopted rules under §116.120 also add new subsection (b) as a notice to licensed dietitians and to the public regarding qualified persons, including licensees and advisory board members, assisting the Department in reviewing and investigating complaints and being immune from liability related to those activities. (HB 2847, §7.003)In addition, the adopted rules under §116.120 add new subsection (c) as a notice to licensed dietitians and to the public regarding the confidentiality of complaint and disciplinary information. Former Texas Occupations Code §701.2041 addressed these issues for dietitians. HB 2847, Article 7, §7.008, repealed §701.2041 and similar confidentiality provisions in other health professions statutes. HB 2847, Article 7, §7.004, added a new standardized confidentiality provision in Texas Occupations Code, Chapter 51 that is applicable to certain specified health professions, including dietitians. (HB 2847, §7.004). (Bill Implementation Changes)The adopted rules add new §116.121, Administrative Penalties and Sanctions. This new section was former §116.130. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)The adopted rules add new §116.122, Enforcement Authority. This new section was former §116.131. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)The adopted rules add new §116.123, License Surrender. This new section was former §116.132. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Repealing 16 TAC §§116.130 – 116.132, which previously governed enforcement procedure for licensed dietitians

CHAPTER 116. DIETITIANSSUBCHAPTER N. ENFORCEMENT PROVISIONS16 TAC §§116.130 – 116.132OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter N, §§116.130 – 116.132, regarding enforcement for licensed dietitians. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYSubchapter N is eliminated, and the complaints and enforcement provisions are combined under Subchapter M. (Terminology and Other Clean-up Changes)The adopted rules repeal §116.130, Administrative Penalties and Sanctions. This section was relocated to new §116.121. (Terminology and Other Clean-up Changes)The adopted rules repeal §116.131, Enforcement Authority. This section was relocated to new §116.122. (Terminology and Other Clean-up Changes)The adopted rules repeal §116.132, License Surrender. This section was relocated to new §116.123. (Terminology and Other Clean-up Changes)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of Licensing and Regulation

Adopted Rules

Amending 16 TAC §116.141 and §116.142 to update requirements for a licensed dietitian’s provision of nutrition services or diabetes self-management training

CHAPTER 116. DIETITIANSSUBCHAPTER O. THE DIETETIC PROFESSION16 TAC §116.141, §116.142OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter O, §116.141 and §116.142, regarding a licensed dietitian’s provision of nutrition services or diabetes self-management training. The rules are adopted without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1145) but with the correction of error as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1738). These rules will not be republished.SECTION-BY-SECTION SUMMARYThe adopted rules amend §116.141, Provider of Nutrition Services. The adopted rules update the terminology in subsections (b) and (c) to use gender neutral language. (Terminology and Other Clean-up Changes.)The adopted rules amend §116.142, Licensed Dietitians Providing Diabetes Self-Management Training. The adopted rules update the terminology in subsection (c) to use gender neutral language. (Terminology and Other Clean-up Changes.)BACKGROUND AND JUSTIFICATION The adopted rules are necessary to implement three categories of changes: bill implementation changes, Licensing Workgroup changes, and terminology and other clean-up changes. A comprehensive description of requirements set out by each bill, as well as recommendations made by the workgroup and Department staff is included in this week’s edition of the Texas Register (45 Tex Reg 5188).

Texas Department of State Health Services

In Addition

DSHS has published an Abusable Volatile Chemical Penalty Matrix

DSHS has published an Abusable Volatile Chemical Penalty Matrix. DSHS’s reasoning for promulgating a penalty matrix, methodology for calculating penalties, and the penalty matrix itself are included in this week’s edition of the Texas Register (45 Tex Reg 5233).

Texas Department of State Health Services

In Addition

DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the second half of June 2020

OVERVIEWDuring the second half of June, 2020, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials. Licensing decisions pertaining to each applicant is included in this week’s edition of the Texas Register. BACKGROUND AND JUSTIFICATIONIn issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.AFFECTED PERSONS’ RIGHT TO HEARINGA person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.

Texas Department of State Health Services

In Addition

DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the first half of June 2020

OVERVIEWDuring the first half of June, 2020, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials. Licensing decisions pertaining to each applicant is included in this week’s edition of the Texas Register. BACKGROUND AND JUSTIFICATIONIn issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.AFFECTED PERSONS’ RIGHT TO HEARINGA person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.