Texas Register June 13, 2025 Volume: 50 Number: 24


Texas Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §289.253, to update references to ensure compatibility with equivalent NRC regulation and improve the rule language for clarity.

CHAPTER 289. RADIATION CONTROL
SUBCHAPTER F. LICENSE REGULATIONS
25 TAC §289.253

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §289.253, concerning Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies.

BACKGROUND AND PURPOSE

The proposal is necessary for Texas (an Agreement State) to comply with United States Nuclear Regulatory Commission (NRC) procedures, which require Agreement State rules to be compatible with NRC regulations. The amendment will correct the record retention requirements for well logging field stations and temporary job sites as defined in §289.253(cc).

Specifically, §289.253(cc)(2), Records/documents for inspection by the department, must be updated to reference only those records listed in the equivalent NRC regulation, 10 CFR §39.73 (Documents and records required at field stations). Additionally, §289.253(cc)(4), Records/documents for inspection by the department, must be updated to reference only those records listed in the equivalent NRC regulation, 10 CFR §39.75 (Documents and records required at temporary job sites). The items which must be retained for inspection by the department are listed in Figure: 25 TAC §289.253(ee)(5).

This update will ensure compatibility with NRC regulation and is consistent with the regulatory guidance used by licensees to establish their radiation safety programs.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §289.253(cc)(2), records to be retained at field stations (additional authorized use/storage locations), updates references to §289.253(ee)(5)(C) – (F), (H) – (J), (L), (M), and (Q) to ensure compatibility with equivalent NRC regulation.

The proposed amendment to §289.253(cc)(4), records to be retained at temporary job sites, updates references to §289.253(ee)(5)(C), (J), (L), (M), and (P) to ensure compatibility with equivalent NRC regulation.

The proposal also updates, corrects, improves, and clarifies the rule language and incorporates plain language where appropriate.


Texas Health and Human Services Commission

Proposed Rule Reviews Re:

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Employee Misconduct Registry.

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

Chapter 561, Employee Misconduct Registry


In Addition Re:

Public Notice: Addendum to the Statewide Transition Plan for Medicaid Home and Community Based Services Settings

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an addendum to the Home and Community-Based Services (HCBS) Settings Statewide Transition Plan (STP) to the Centers for Medicare & Medicaid Services (CMS) for approval. Title 42 Code of Federal Regulations, Sections 441.301(c)(6) and 441.710(a)(3) requires states to publish an STP which describes the state’s planned activities to achieve full and ongoing compliance with the federal HCBS settings regulations.


Public Notice: Home and Community Based Services Waiver

The Texas Health and Human Services Commission (HHSC) on June 11, 2025 submitted a request to the Centers for Medicare & Medicaid Services (CMS) to amend the Home and Community-based Services (HCS) waiver program authorized under §1915(c) of the Social Security Act. CMS has approved the HCS waiver application through August 31, 2028. The proposed effective date for the amendment is August 2, 2025.