Texas Register June 12, 2020 Volume: 45 Number: 24

Texas Register Table of Contents

Governor

 

Notices

Executive Order GA-26: Expanding the re-opening of Texas in response to the COVID-19 disaster

OVERVIEWIn accordance with guidance from DSHS Commissioner, Dr. Hellerstedt and other medical advisors, the Governor’s Strike Force to Open Texas, the White House, and the CDC, the Governor orders that every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment. The Governor also includes a list of businesses to which the capacity rule does not apply. This list of exceptions is detailed in this week’s edition of the Texas Register.In relevant part, Executive Order GA-26 includes the following limitation: People shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless as determined through guidance from the Texas Health and Human Services Commission (HHSC). Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow infection control policies and practices set forth by HHSC, including minimizing the movement of staff between facilities whenever possible. Notwithstanding anything herein to the contrary, the governor may by proclamation add to the list of establishments or venues that people shall avoid visiting.Executive Order GA-26 is effective immediately and shall remain in effect and in full force unless it is modified, amended, rescinded, or superseded by the governor.BACKGROUND AND JUSTIFICATION The Governor’s rationale for issuing Executive Order GA-26 is listed in this week’s edition of the Texas Register. 


Governor

Notices

Proclamation 41-3739: Directing state agencies, including DSHS, to initiate heightened hurricane preparedness measures

OVERVIEWThe Governor proclaims the need for heightened hurricane preparedness during the 2020 hurricane season. I urge all Texans, including residential and commercial property owners, to ensure that their property and communities are prepared for the 2020 hurricane season. It is important to remain mindful of the dangers presented by hurricanes, to stay informed about current threats, and to take steps toward preparedness.State agencies should review and update their hurricane preparedness plans. All Texas municipalities and counties, the Texas Division of Emergency Management, the Texas Education Agency, the Office of the Comptroller, the Texas Department of Insurance, and the Department of State Health Services should, to the extent practicable, conduct community outreach and education activities on hurricane preparedness to help Texas residents prepare for hurricane season.BACKGROUND AND JUSTIFICATION The Governor’s rationale for issuing Proclamation 41-3739 is listed in this week’s edition of the Texas Register. 


Office of the Attorney General

Opinions

Opinion No. KP-0312: A hearing on an application for court-ordered mental health services must be recorded by an official court reporter

Issue: Whether a hearing on an application for court-ordered mental health services conducted pursuant to section 574.031 of the Health and Safety Code must be recorded by an official court reporter (RQ-0321-KP).Opinion Summary: Subsection 574.031(g) of the Health and Safety Code requires that a hearing on an application for court-ordered mental health services be on the record. A court would likely conclude that subsection 574.031(g) imposes a duty on a county court or court at law holding such a hearing in Kerr County to use its official court reporter to make a record of the proceedings.Authority: The Honorable Heather Stebbins, Kerr County Attorney, 700 Main Street, Suite BA-103, Kerrville, Texas 78028. 


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC, Subchapter A, creating the Certificate of Public Advantage for certain hospitals in low-population counties

CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER A. GENERAL PROVISIONS26 TAC §§567.1 – 567.6OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 567 (Certificate of Public Advantage), concerning emergency rules to permit qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following sections have been created under new Subchapter A (General Provisions): §567.1: Purpose§567.2: Definitions§567.3: Applicability§567.4: Certificate of Public Advantage Required§567.5: Compliance§567.6: ScopeBACKGROUND AND JUSTIFICATIONTo protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.New Chapter 567 permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC, Subchapter C, outlining operational requirements for a Certificate of Public Advantage

CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §§567.31 – 567.33OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 567 (Certificate of Public Advantage), concerning emergency rules to permit qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following sections have been created under new Subchapter C (Operational Requirements): §567.31: Terms§567.32: Annual Report§567.33: Voluntary Termination BACKGROUND AND JUSTIFICATIONTo protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.New Chapter 567 permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC, Subchapter D, outlining rate review requirements for a Certificate of Public Advantage hospital

CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER D. RATE REVIEW26 TAC §567.41OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 567 (Certificate of Public Advantage), concerning emergency rules to permit qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following section has been created under new Subchapter D (Rate Review): §567.41: Rate Reviews for Hospitals Operating Under a Certificate of Public Advantage BACKGROUND AND JUSTIFICATIONTo protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.New Chapter 567 permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC, Subchapter E, outlining compliance and enforcement procedure for a Certificate of Public Advantage hospital

CHAPTER 567. CERTIFICATE OF PUBLIC ADVANTAGESUBCHAPTER E. ENFORCEMENT26 TAC §§567.51 – 567.54OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 567 (Certificate of Public Advantage), concerning emergency rules to permit qualifying hospitals in certain low-population counties to apply for a Certificate of Public Advantage (COPA), which grants merging hospitals immunity from federal and state antitrust laws and provides the opportunity for hospitals in rural counties to remain open to treat patients during the COVID-19 pandemic. The following section has been created under new Subchapter E (Enforcement): §567.51: Supervision§567.52: Annual Review§567.53: Investigation; Consequences§567.54: Corrective Action Plan BACKGROUND AND JUSTIFICATIONTo protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rules to permit qualifying hospitals in certain low-population counties to apply for a COPA in order to remain open to treat patients during the COVID-19 pandemic, thereby preserving hospital capacity.New Chapter 567 permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. The Legislature has found that hospital mergers will benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §72.14 and replacing it with new §72.14, which updates the rule concerning license renewals

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.14The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.14 (License Renewal). To replace the repealed rule, the Board proposes new 22 TAC §72.14 (Renewing a License). As part of the Board’s comprehensive rule revision effort, the overall purpose of the repeal and the new rule is to remove unnecessary text and to make the Board’s rules simpler and easier to navigate.New rule 72.14 removes language in current subsections (c) through (e) concerning nonrenewal for student loan defaults that was made invalid by changes to Texas Occupations Code Chapter 56 in the last legislative session. The rule further removes outdated language related to facilities in current subsection (b), which is now addressed in current §75.2 (Place of Business). The new rule also removes duplicative language in current subsection (f) concerning appealing a Board decision to not renew a license, which is now contained in current §72.10 (Appealing a Denied Application or Permit).


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §72.15 and replacing it with new §72.15, which updates the rule concerning temporary licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.15The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.15 (Temporary License). To replace the repealed rule, the Board proposes new 22 TAC §72.15 (Temporary License). As part of the Board’s comprehensive rule revision effort, the overall purpose of the repeal and the new rule is to remove unnecessary text and to make the Board’s rules simpler and easier to navigate.In addition to overall simplifying the current rule’s language, the new §72.15 will make it easier for an individual to apply for a temporary license. The new rule removes language in current subsection (b) requiring the submission of a letter of good standing from the individual’s licensing jurisdiction and documentation from the individual’s employer or other person that the individual has been requested to perform services temporarily in Texas.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §72.18 and replacing it with new §72.18, which updates the rule concerning licensure for an individual with a criminal record

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.18The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.18 (Criminal History). To replace the repealed rule, the Board proposes new 22 TAC §72.18 (Criminal History). As part of the Board’s comprehensive rule revision effort, the overall purpose of the repeal and the new rule is to remove unnecessary text and to make the Board’s rules simpler and easier to navigate, and to bring the rule into compliance with changes in Texas Occupations Code Chapter 53 made during the last legislative session (House Bill 1342, 86th Legislature, Regular Session).In addition to overall simplifying the current rule’s language, which mirrors the Board’s obligations under Texas Occupations Code Chapter 53 (relating to the consequences of a criminal conviction on an occupational license), the new §72.18 will permit an incarcerated individual to apply for a license if the individual is within three months of release from prison. The new rule also explicitly requires the Board to notify an individual whose application has been denied because of a criminal history of the procedures for appealing the Board’s decision. The rule further allows the Board to delegate to the executive director the authority to consider an applicant’s minor criminal convictions.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §76.1 and replacing it with new §76.1, which updates the rule concerning the content of patient records

CHAPTER 76. PATIENT RECORDS AND DOCUMENTATION22 TAC §76.1The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §76.1 (Patient Request for Records). To replace the repealed rule, the Board proposes new 22 TAC §76.1 (Required Contents of Patient Records). Following a July 2019 meeting with key stakeholders on the topic of patient records, the Board agreed there was a lack of uniformity among licensees as to the information contained in patient records. In the Board’s opinion, this lack could contribute to inefficiencies leading to physical or financial harm to patients and other stakeholders, including erroneous diagnosis, incomplete or unnecessary treatments, incorrect or improper billing for services, or incorrect insurance claims. To prevent those harms and to protect both patients and licensees, the Board is proposing new §76.1, which the Board believes codifies current best practices in the chiropractic profession relating to patient records. The new rule will provide licensees and other stakeholders with specific minimum guidance as to what constitutes a proper patient record.

Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §76.2 and replacing it with new §76.2, which updates the rule concerning procedure for requesting patient records

CHAPTER 76. PATIENT RECORDS AND DOCUMENTATION22 TAC §76.1The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §76.1 (Patient Request for Records). To replace the repealed rule, the Board proposes new 22 TAC §76.1 (Required Contents of Patient Records). Following a July 2019 meeting with key stakeholders on the topic of patient records, the Board agreed there was a lack of uniformity among licensees as to the information contained in patient records. In the Board’s opinion, this lack could contribute to inefficiencies leading to physical or financial harm to patients and other stakeholders, including erroneous diagnosis, incomplete or unnecessary treatments, incorrect or improper billing for services, or incorrect insurance claims. To prevent those harms and to protect both patients and licensees, the Board is proposing new §76.1, which the Board believes codifies current best practices in the chiropractic profession relating to patient records. The new rule will provide licensees and other stakeholders with specific minimum guidance as to what constitutes a proper patient record.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §76.2 and replacing it with new §76.2, which updates the rule concerning procedure for requesting patient records

CHAPTER 76. PATIENT RECORDS AND DOCUMENTATION22 TAC §76.1The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §76.1 (Patient Request for Records). To replace the repealed rule, the Board proposes new 22 TAC §76.1 (Required Contents of Patient Records). Following a July 2019 meeting with key stakeholders on the topic of patient records, the Board agreed there was a lack of uniformity among licensees as to the information contained in patient records. In the Board’s opinion, this lack could contribute to inefficiencies leading to physical or financial harm to patients and other stakeholders, including erroneous diagnosis, incomplete or unnecessary treatments, incorrect or improper billing for services, or incorrect insurance claims. To prevent those harms and to protect both patients and licensees, the Board is proposing new §76.1, which the Board believes codifies current best practices in the chiropractic profession relating to patient records. The new rule will provide licensees and other stakeholders with specific minimum guidance as to what constitutes a proper patient record.


Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §76.3, updating fees for providing patient records

CHAPTER 76. PATIENT RECORDS AND DOCUMENTATION22 TAC §76.3The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §76.3 (Fees for Providing Patient Records).Following a July 2019 meeting with key stakeholders on the topic of patient records, the Board agreed the Board’s current rule on fees for patient records does not adequately cover licensees’ present day costs, nor does it address changes in technology since the Board’s general patient records rules were last amended in 2015. The new rules establishes reasonable maximum fees a licensee may charge for digital, paper, and imaging film records, as well as the actual cost of delivery. The rule in subsection (j) also makes it explicit that a licensee may charge a reasonable fee to answer a deposition by written question. The new rule will inform licensees, patients, and other stakeholders of what the allowable fees a licensee may charge for specific types of patient records.


Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §76.4, updating requirements for maintaining patient records

CHAPTER 76. PATIENT RECORDS AND DOCUMENTATION22 TAC §76.4The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §76.4 (Duty to Maintain and Store Patient Records).The new rule will give licensees and other stakeholders clear guidance as to who is responsible for the maintenance and storage of patient records and under what circumstances.Following a July 2019 meeting with key stakeholders on the topic of patient records, the Board agreed the Board’s rule on the maintenance and storage of patient records (current §76.2) gives insufficient guidance to licensees on their duties concerning those records. The new §76.4 updates language in current §76.2 to make clear a licensee must maintain records for a minimum of six years from the date of the specific treatment or service. The new further clarifies a licensee’s duties to a patient’s records when a doctor-patient relationship has been established and the licensee subsequently leaves employment or a partnership, or when a partnership dissolves.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §79.1 and replacing it with new §79.1, which updates the rule concerning inappropriate sexual conduct

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.1The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §79.1 (Unprofessional Conduct). To replace the repealed rule, the Board proposes new 22 TAC §79.1 (Inappropriate Sexual Conduct). As part of the Board’s comprehensive rule revision effort, the purpose of the repeal and the new rule is to make the Board’s rules simpler and easier to navigate.In its modification of the current §79.1 (Unprofessional Conduct), the Board has removed the provisions about financial misconduct and moved those to a new §79.3 (Financial Misconduct), which is being proposed in a separate rulemaking action. The Board is renaming the new §79.1 to make it clear it covers only misconduct of a sexual nature. Aside from the non-substantive edits of the remaining text made for clarity, the Board made explicit in subsection (b) that it is a defense to disciplinary action if a consensual sexual relationship between a licensee, chiropractic college student, or recent graduate and an individual existed before the doctor-patient relationship began.


Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §79.3, updating the rule concerning financial misconduct

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.3The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §79.3 (Financial Misconduct). As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to remove unnecessary text and to make the Board’s rules simpler and easier to navigate.This new §79.3 contains provisions relating to financial misconduct that are currently in §79.1 (Unprofessional Conduct). The Board has proposed the repeal and replacement of current §79.1 in separate rulemaking actions. The new §79.1 will address sexual misconduct while the new §79.3 will only contain prohibitions relating to financial matters. Aside from the non-substantive edits of the remaining text from current §79.1 made for clarity, the Board has also removed provisions relating to sanitary conditions, physical harm to a patient, and prohibited advertising practices, which are addressed specifically in other Board rules.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing current 22 TAC §80.2 and replacing it with new §80.2, which updates the rule concerning complaint procedure

CHAPTER 80. COMPLAINTS22 TAC §80.2The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §80.2 (Complaint Procedures). To replace the repealed rule, the Board proposes new 22 TAC §80.2 (Complaint Procedures). As part of the Board’s comprehensive rule revision effort, the purpose of the repeal and the new rule is to make the Board’s rules simpler and easier to navigate.In addition to making non-substantive edits to the current rule’s language for clarity, the Board is at the same time proposing a new rule (§80.11), which will move the provisions in current §80.2 relating to informal settlement conferences conducted by the Board’s Enforcement Committee into a stand alone rule. The new rule also makes it explicit that the Board will seek, if possible, to informally settle complaints without the need for an administrative hearing.The Board previously adopted current §80.9 (Emergency Suspension of License), which moved the current §80.2’s provisions relating to the Board’s emergency license suspension procedures into a stand alone rule.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing 22 TAC §80.8 in order to disallow the Board from taking administrative action against licensees for defaulting on student loans

CHAPTER 80. COMPLAINTS22 TAC §80.8The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §80.8 (Default on Student Loans). In 2019, the Texas Legislature repealed the requirement in Texas Occupations Code Chapter 56 that state agencies take administrative action against licensees for being in default of student loans (Senate Bill 37, 86th Legislature, Regular Session) and prohibited agencies from doing so (Occupations Code §56.003). That legislative action made §80.8 void. The purpose of this repeal is to remove invalid agency rules and bring the Board’s rules into compliance with Occupations Code §56.003.


Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §80.11, updating procedural requirements for informal settlement conferences

CHAPTER 80. COMPLAINTS22 TAC §80.11The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §80.11 (Informal Settlement Conferences). As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to make the Board’s rules easier to navigate by separating language dealing with multiple subjects into individual rules.New §80.11 removes language relating to informal settlement conferences conducted by the Board’s Enforcement Committee contained in current §80.2(c)(3) and (4) (Complaint Procedures) into a stand alone rule. The Board is also proposing a new §80.2 to remove those provisions in a separate rulemaking action.The new §80.11 clarifies that informal settlement conferences may be held at the Enforcement Committee’s discretion if the committee believes the conference could settle a complaint without further administrative action. The rule also makes clear that a member of the committee who attends an informal conference that later results in a Proposal for Decision (PFD) after a hearing at the State Office of Administrative Hearings may not participate in any consideration or discussion of that PFD in a formal Board meeting. In addition, the Board is also making non-substantive edits to the provisions from current §80.2 for clarity.


Texas Board of Chiropractic Examiners

Proposed Rules

Repealing 22 TAC §82.4 in order to disallow gifts from private donors

CHAPTER 82. INTERNAL BOARD PROCEDURES22 TAC §82.4The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §82.4 (Private Donors). During a review of 22 TAC Chapter 82 (Internal Board Procedures) done under Texas Government Code §2001.039, the Board determined that it does not have the legal authority to accept gifts or donations as required by Government Code §575.003 (Acceptance of Gift by State Agency Governing Board), thus making §82.4 void. The purpose of this action is to remove unnecessary agency rules and bring the Board into compliance with Government Code §575.003.


Texas State Board of Pharmacy

Withdrawn Rule

Withdrawing proposed amendment to 22 TAC §291.93, regarding the delegation of authority from a physician to supportive pharmacy personnel

CHAPTER 291. PHARMACIESSUBCHAPTER E. CLINIC PHARMACY22 TAC §291.93The Texas State Board of Pharmacy withdraws the proposed amended §291.93 which appeared in the April 3, 2020, issue of the Texas Register (45 TexReg 2296).The proposed amendments, relating to pharmacies’ operational standards, were intended to clarify the type of label supportive personnel may affix to a drug or device provided under the supervision of a physician according to standing delegation orders or standing medical orders.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.2 and replacing it with new §72.2, which updates the rule concerning license application

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.2The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.2 (License Application) without changes as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1794). The repeal will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §72.2 (License Application) without changes to the text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1795). The purpose is to clarify the general requirements for individuals applying for a license with the Board.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.3 and replacing it with new §72.3, which updates the rule concerning qualifications for licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.3The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.3 (Qualifications) as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1796).To replace the repealed rule, the Board adopts new 22 TAC §72.3 (Qualifications) with non-substantive changes to the text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1796). The rule will be republished. The purpose is to clarify the general qualifications requirements for individuals applying for a license with the Board.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.5 and replacing it with new §72.5, which updates the rule requiring graduation from certain schools and colleges as a condition for licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.5The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.5 (Approved Schools and Colleges) as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1797). To replace the repealed rule, the Board adopts new 22 TAC §72.5 (Approved Schools and Colleges) without changes as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1798). The rule will not be republished. The purpose is to generally update the rule’s language and make the Board’s rules easier to navigate.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.6 and replacing it with new §72.6, which updates the rule concerning requirements for the National Board Exam

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.6The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.6 (Exam Information) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1798). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §72.6 (National Board Exam Requirements) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1799). The rule will not be republished. The purpose is to clarify the national board exam requirements for individuals applying for a license with the Board.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.7 and replacing it with new §72.7, which updates the rule concerning requirements for the Jurisprudence Exam

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.7The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.7 (Jurisprudence Exam) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1800). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §72.7 (Jurisprudence Exam Requirements) with changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1800). The rule will be republished. The purpose is to clarify the jurisprudence exam requirements for individuals applying for a license with the Board.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §72.9 to eliminate duplicative language concerning re-examinations

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.9The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.9 (Reexaminations), as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1801). Portions of this rule will be incorporated into a new §72.7 in a separate rulemaking.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.11 and replacing it with new §72.11, which updates the rule concerning temporary faculty licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.11The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.11 (Temporary Faculty License) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1802). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §72.11 (Temporary Faculty License) with non-substantive changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1802). The rule will be republished. The purpose is to clarify the Board’s temporary license requirements for faculty at Texas chiropractic colleges.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.16 and replacing it with new §72.16, which updates the rule concerning inactive licenses

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.16The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.16 (Inactive Status) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1803). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §72.16 (Inactive Status) with non-substantive changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1804). The rule will be republished. The purpose is to clarify the requirements for licensees to place their license on inactive status with the Board.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.17 and replacing it with new §72.17, which updates limitations on practice for licensees who choose to retire

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.17The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.17 (Fee Exemption for Charity Care) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1805). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §72.17 (Retired Chiropractor) with non-substantive changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1805). The rule will be republished. The purpose is to make clear the limitations on practice for licensees who choose to retire.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.20 and replacing it with new §72.20, which updates requirements for applicants who are licensed in another state

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.20The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.20 (Requirements for Out-of-State Applicants) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1806). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §72.20 (Requirements for Applicants Licensed in Another Jurisdiction) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1807). The rule will not be republished. The purpose is to clarify the existing requirements for individuals licensed in another jurisdiction wishing to obtain a license in Texas.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.21 and replacing it with new §72.21, which updates licensure requirements for military spouses

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.21The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.21 (Requirements for Military Spouses) as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1807). The rules will not be republished.To replace the repealed rule, the Board adopts new 22 TAC §72.21 (Requirements for Military Spouses) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1808). The purpose is to clarify the existing requirements for military spouses licensed in another jurisdiction wishing to obtain a license in Texas. The rule will not be republished.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §72.22 and replacing it with new §72.22, which updates licensure requirements for military members and veterans

Adopted Rules

Repealing current 22 TAC §73.1 and replacing it with new §73.1, which updates continuing education requirements for licensees

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.1The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §73.1 (Continuing Education) as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1811). To replace the repealed rule, the Board adopts new 22 TAC §73.1 (Continuing Education Requirements for Licensees) as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1811). The rule will not be republished. The purpose is to clarify the continuing education requirements for licensees. The Board is specifying the requirements for other individuals involved in providing continuing education in separate new rules in §§73.5 through 73.5.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §73.2 and replacing it with new §73.2, which updates disciplinary actions for failure to meet continuing education requirements

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.2The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §73.2 (Failure to Meet Continuing Education Requirements) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1812). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §73.2 (Failure to Meet Continuing Education Requirements) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1813). The rule will not be republished. The purpose is to clarify the consequences and penalties for a licensee who fails to meet continuing education requirements.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §73.3 and replacing it with new §73.3, which updates requirements for sponsors of continuing education programs

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.3The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §73.3 (Approved Continuing Education Courses) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1814). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §73.3 (Requirements for Sponsors of Continuing Education Courses) with non-substantive changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1815). The rule will be republished. The purpose is to clarify the requirements for Board-approved providers of continuing education courses. The Board is specifying the requirements for other individuals involved in providing continuing education to licensees in separate rulemakings for §73.4 and §73.5.


Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §73.4, updating requirements for continuing education instructors

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.4The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §73.4 (Requirements for Continuing Education Instructors) without changes to the text as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1595). The purpose of this action is to clarify the standards under which a continuing education instructor shall comply and to make the Board’s rules easier to navigate.


Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §73.5, updating requirements for claiming continuing education credit as a National Board Examiner

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.5The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §73.5 (Requirements for Claiming Continuing Education as a National Board Examiner) without changes as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1596).


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §81.2 and replacing it with new §81.2, which updates the rule concerning the Board’s administrative enforcement actions

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.2The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.2 (Enforcement Actions) as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1816). To replace the repealed rule, the Board adopts new 22 TAC §81.2 (Enforcement Actions) without changes as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1817) The rule will not be republished. The purpose is to make the rule easier to read and to clarify all parties’ requirements in contested Board administrative actions.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §81.4, concerning administrative hearings

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.4The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.4 (Administrative Hearings), as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1596).


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §81.5 and replacing it with new §81.5, which updates requirements for respondents in contested cases

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.5The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.5 (Appearance) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1818). The rule will not be republished.To replace the repealed rule, the Board adopts new 22 TAC §81.5 (Appearance) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1818). The rule will not be republished. The purpose is to clarify the language and make the administrative hearing process easier to understand for respondents in contested cases.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §81.6 and replacing it with new §81.6, which updates requirements for obtaining default judgment in a contested case

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.6The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.6 (Default Judgment) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1819). The rule will not be republished.To replace the repealed rule, the Board adopts new 22 TAC §81.6 (Default Judgment) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1820). The rule will not be republished. The purpose is to clarify the language and make the Board’s administrative process for obtaining a default judgment in a contested case easier to understand.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §81.7 and replacing it with new §81.7, which updates the rule concerning depositions, subpoenas, and witness expenses in contested cases

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.7The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.7 (Depositions, Subpoenas, and Witness Expenses) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1820). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §81.7 (Depositions, Subpoenas, and Witness Expenses) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1821). The rule will not be republished. The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §81.8 and replacing it with new §81.8, which updates the rule concerning the hearing record in a contested case

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.8The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.8 (Hearing Exhibits and Record) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1822). The rule will not be republished. To replace the repealed rule, the Board adopts new 22 TAC §81.8 (Hearing Exhibits and Record) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1823). The rule will not be republished. The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §81.9 and replacing it with new §81.9, which updates requirements for decision proposals in contested cases

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.9The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.9 (Proposal for Decision) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1823). The rule will not be republished. To replace the repealed rule, the Board adopts  new 22 TAC §81.9 (Proposal for Decision) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1824). The rule will not be republished. The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.


Texas Board of Chiropractic Examiners

Adopted Rules

Repealing current 22 TAC §81.10 and replacing it with new §81.10, which updates the rule concerning final orders in contested cases

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.10The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.10 (Board Order) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1825). The rule will not be republished. new 22 TAC §81.10 (Final Board Order) without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1825). The rule will not be republished. The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.


Texas State Board of Pharmacy

Adopted Rules

New 22 TAC §281.35, outlining procedures for temporary suspension or restriction of a license

CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURESSUBCHAPTER B. GENERAL PROCEDURES IN A CONTESTED CASE22 TAC §281.35The Texas State Board of Pharmacy adopts new rule §281.35, concerning Temporary Suspension or Restriction. This new rule is adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2287). The rule will not be republished.The new rule details procedures for the temporary suspension or restriction of a license or registration.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §283.2 to remove “pharmacist intern-trainee” references from the chapter’s definitions section

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.2The Texas State Board of Pharmacy adopts amendments to §283.2, concerning Definitions. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2288). The rule will not be republished.The amendments remove the definition of and references to a pharmacist intern-trainee.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §283.4 to update pharmacist internship requirements

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.4The Texas State Board of Pharmacy adopts amendments to §283.4, concerning Internship Requirements. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2290). The rule will not be republished.The amendments remove references to a pharmacist intern-trainee and certain requirements for a pharmacist intern, and correct grammatical errors.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §283.5 to remove “pharmacist intern-trainee” references from the rule regarding internship duties

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.5The Texas State Board of Pharmacy adopts amendments to §283.5, concerning Pharmacist-Intern Duties. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2293). The rule will not be republished.The amendments remove references to a pharmacist intern-trainee.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §283.6 to update requirements for pharmacist preceptors

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.6The Texas State Board of Pharmacy adopts amendments to §283.6, concerning Preceptor Requirements and Ratio of Preceptors to Pharmacist-Interns. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2294). The rule will not be republished.The amendments remove references to a pharmacist intern-trainee, clarify that a pharmacist preceptor must be certified by the board, and remove a fee for a duplicate or amended certificate.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §291.19 to update permissible administrative actions following a compliance inspection

CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.19The Texas State Board of Pharmacy adopts amendments to §291.19, concerning Administrative Actions as a Result of Compliance Inspection. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2295). The rule will not be republished.The amendments update the actions that may be taken after violations are observed during a compliance inspection to reflect current procedures.


Texas State Board of Pharmacy

Adopted Rules

Repealing 22 TAC §291.155 in order to eliminate rules for a class of pharmacy that no longer exists

CHAPTER 291. PHARMACIESSUBCHAPTER H. OTHER CLASSES OF PHARMACY22 TAC §291.155The Texas State Board of Pharmacy adopts the repeal of §291.155, concerning Limited Prescription Delivery Pharmacy (Class H). This repeal is adopted without changes to the proposed repeal as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2301). The rule will not be republished.The repeal of §291.155 provides for a more organized subchapter by removing the rules for a class of pharmacy that no longer exists.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §295.1 to remove the change of name fee for pharmacists

CHAPTER 295. PHARMACISTS22 TAC §295.1The Texas State Board of Pharmacy adopts amendments to §295.1, concerning Change of Address and/or Name. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2301). The rule will not be republished.The amendments remove the change of name fee for pharmacists to reflect the new procedure of no longer charging this fee.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §295.8 to update continuing education requirements for pharmacists

CHAPTER 295. PHARMACISTS22 TAC §295.8The Texas State Board of Pharmacy adopts amendments to §295.8, concerning Continuing Education Requirements. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2302). The rule will not be republished.The amendments add a requirement for mental health awareness continuing education and clarify the continuing education requirements for pharmacists during their initial license period.


Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §297.9 to remove the change of name fee for pharmacy technicians and pharmacy technician trainees

CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES22 TAC §297.9The Texas State Board of Pharmacy adopts amendments to §297.9, concerning Notifications. These amendments are adopted without changes to the proposed text as published in the April 3, 2020, issue of the Texas Register (45 TexReg 2306). The rule will not be republished.The amendments remove the change of name fee for pharmacy technicians and pharmacy technician trainees to reflect the new procedure of no longer charging this fee.


Texas Department of State Health Services

Adopted Rules

Amending 25 TAC §421.41 to make available claim-level reports and data from freestanding emergency medical care facilities

CHAPTER 421. HEALTH CARE INFORMATIONSUBCHAPTER C. RULES RELATING TO REPORTS, DATA REQUESTS AND DATA FEES25 TAC §421.41OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the amendment to §421.41, concerning Definitions. The amendment is adopted without changes and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe amendment is necessary to comply with House Bill 2041, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, §108.002(10) and requires DSHS to collect, process, and make claim level data from freestanding emergency medical care facilities available.


Texas Department of State Health Services

Adopted Rules

Amending 25 TAC §421.61 to make available claim-level outpatient surgical and radiological procedures from freestanding emergency medical care facilities

CHAPTER 421. HEALTH CARE INFORMATIONSUBCHAPTER D. COLLECTION AND RELEASE OF OUTPATIENT SURGICAL AND RADIOLOGICAL PROCEDURES AT HOSPITALS AND AMBULATORY SURGICAL CENTERS25 TAC §421.61OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §421.61, concerning Definitions. The amendment is adopted with changes to the proposed text as published in the March 6, 2020, issue of the Texas Register (45 TexReg 1602) and will be republished. BACKGROUND AND JUSTIFICATIONThe amendment is necessary to comply with House Bill 2041, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, §108.002(10) and requires DSHS to collect, process, and make claim level data from freestanding emergency medical care facilities available.


Texas Department of State Health Services

Adopted Rules

Amending 25 TAC §§421.71, 421.72, 421.77, 421.78 to make available claim-level outpatient emergency visit data from freestanding emergency medical care facilities

CHAPTER 421. HEALTH CARE INFORMATIONSUBCHAPTER E. COLLECTION AND RELEASE OF EMERGENCY VISIT DATA25 TAC §§421.71, 421.72, 421.77, 421.78OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §421.71, concerning Definitions; §421.72, concerning Collection of Outpatient Emergency Visit Data; §421.77, concerning Event Files–Records, Data Fields and Codes; and §421.78, concerning Outpatient Emergency Visit Event Data Release. The amendments are adopted without changes and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe amendments are necessary to comply with House Bill 2041, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, §108.002(10) and requires DSHS to collect, process, and make claim level data from freestanding emergency medical care facilities available.


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 April 2020

OVERVIEWDuring the second half of April, 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.