Texas Register June 19, 2021 Volume: 46 Number: 24

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments Re:
    - 1.0.1.1 Governor reappoints two members and appoints one new member to the Podiatric Medical Examiners Advisory Board..
2 Texas Behavioral Health Executive Council
3 Texas Health and Human Services Commission
- - 3.0.1 Emergency Rule re:
    - 3.0.1.1 Renewing 26 TAC §500.4 to permit a currently licensed hospital to expand hospital capacity in response to COVID-19 by participating in the CMS Hospitals at Home Program.
    - 3.0.1.2 Renewing 26 TAC §553.2001 to require assisted living facilities to mitigate and contain COVID-19.
  - 3.0.2 In Addition re:
    - 3.0.2.1 HHSC will conduct public forums for the 1115 THTQIP Waiver, the Healthy Texas Women 1115 Waiver, and the THTQIP Waiver Extension Request.
4 Texas State Board of Examiners of Psychologists
- - 4.0.1 Proposed Rules re:
5 Texas State Board of Examiners of Professional Counselors
- - 5.0.1 Adopted Rules re:
    - 5.0.1.1 Amending 22 TAC §681.114 to update methodology for “substantial equivalency” verification of a military service member, military veteran, or military spouse’s license.
  - 5.0.2 Proposed Rules re:
6 Texas State Board of Professional Counselors
- - 6.0.1 Proposed Rules re:
    - 6.0.1.1 Amending 22 TAC §681.41 to clarify a licensee’s duty to take reasonable action in response to certain third-party actions.
    - 6.0.1.2 Amending 22 TAC §681.72 to update required application materials.
7 Texas State Board of Examiners of Marriage and Family Therapists
- - 7.0.1 Proposed Rules re:
    - 7.0.1.1 New 22 TAC §801.205, establishing exceptions to certain application requirements for applicants experiencing difficulty due to a declared disaster.

Governor

Appointments Re:

Governor reappoints two members and appoints one new member to the Podiatric Medical Examiners Advisory Board..

Appointments for June 7, 2021

Appointed to the Podiatric Medical Examiners Advisory Board for terms to expire February 1, 2027:

•Leslie Campbell, D.P.M. of Plano, Texas (Dr. Campbell is being reappointed).

•Amanda S. Nobles of Longview, Texas (replacing Nancy C. Windham of Nacogdoches, whose term expired).

•Renee K. Pietzsch, D.P.M. of Georgetown, Texas (Dr. Pietzsch is being reappointed).

Texas Behavioral Health Executive Council

Amending 22 TAC §881.21 to correct a typographical error related to petitions for rulemaking.

June 18, 2021: Proposed Rules Amending 22 TAC §881.21 to correct a typographical error related to petitions for rulemaking

CHAPTER 881. GENERAL PROVISIONS

SUBCHAPTER B. RULEMAKING

22 TAC §881.21

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §881.21, relating to Petition for Rulemaking.

BACKGROUND AND JUSTIFICATION

The proposed amendment corrects a typographical error. Currently subsection (f) of this rule references §201.021(d) of the Tex. Gov’t Code, but the correct citation should be §2001.021(d). Therefore, this proposed amendment is necessary to correct this statutory reference.

Amending 22 TAC §882.11 to update requirements relating to applicants with foreign degrees.

46 TexReg 3696
June 18, 2021: Proposed Rules Amending 22 TAC §882.11 to update requirements relating to applicants with foreign degrees

CHAPTER 882. APPLICATIONS AND LICENSING

SUBCHAPTER A. LICENSE APPLICATIONS

22 TAC §882.11

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §882.11, relating to Applicants with Foreign Degrees.

BACKGROUND AND JUSTIFICATION

The proposed amendment expands the number of acceptable foreign degree evaluation services who conduct foreign degree evaluations to include members of the Association of International Credential Evaluators, Inc. This proposed change is being brought based in part upon the suggestion of the Registrar’s Office at the University of Texas at Austin.

Amending 22 TAC §883.1 to update fee requirements relating to license renewal.

46 TexReg 3697
June 18, 2021: Proposed Rules Amending 22 TAC §883.1 to update fee requirements relating to license renewal

CHAPTER 883. RENEWALS

SUBCHAPTER A. GENERAL PROVISIONS

22 TAC §883.1

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §883.1, relating to Renewal of a License.

BACKGROUND AND JUSTIFICATION

The proposed amendment is intended to modify the assessment of late fees such that licensees need only pay a late renewal fee for late renewals, rather than a late fee in addition to the standard renewal fee.

Amending 22 TAC §885.1 to clarify fee obligations for inactive or delinquent status licenses.

46 TexReg 3698
June 18, 2021: Proposed Rules Amending 22 TAC §885.1 to clarify fee obligations for inactive or delinquent status licenses

CHAPTER 885. FEES

22 TAC §885.1

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §885.1, relating to Executive Council Fees.

BACKGROUND AND JUSTIFICATION

The proposed amendment is intended to clarify that late fees are not applicable to licenses on inactive status, which is currently stated in §882.21. Additionally, the proposed amendment is intended to clarify that when a person’s license has been expired for certain periods of time, it is referring to delinquent license status as stated in §882.21.

Texas Health and Human Services Commission

Emergency Rule re:

Renewing 26 TAC §500.4 to permit a currently licensed hospital to expand hospital capacity in response to COVID-19 by participating in the CMS Hospitals at Home Program.

June 18, 2021: Emergency Rule Renewing 26 TAC §500.4 to permit a currently licensed hospital to expand hospital capacity in response to COVID-19 by participating in the CMS Hospitals at Home Program

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSING

SUBCHAPTER A. HOSPITALS

26 TAC §500.4

OVERVIEW

The Health and Human Services Commission is renewing the effectiveness of emergency new §500.4 for a 60-day period. The text of the emergency rule was originally published in the February 19, 2021, issue of the Texas Register (46 TexReg 1123).

HHSC is renewing this emergency rule to temporarily permit a currently licensed hospital to participate in the CMS hospitals at home program to expand hospital capacity in response to the COVID-19 pandemic.

BACKGROUND AND JUSTIFICATION

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.

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. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Participating in the Centers for Medicare and Medicaid Services Acute Hospital Care at Home Program During the COVID-19 Pandemic.

Renewing 26 TAC §553.2001 to require assisted living facilities to mitigate and contain COVID-19.

46 TexReg 3665
June 18, 2021: Emergency Rule Renewing 26 TAC §553.2001 to require assisted living facilities to mitigate and contain COVID-19

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES

SUBCHAPTER K. COVID-19 RESPONSE

26 TAC §553.2001

OVERVIEW

The Health and Human Services Commission is renewing the effectiveness of emergency new §553.2001 for a 60-day period. The text of the emergency rule was originally published in the February 19, 2021, issue of the Texas Register (46 TexReg 1124).

HHSC is renewing this emergency rule to require assisted living facility actions to mitigate and contain COVID-19. The purpose of the new rule is to describe these requirements.

BACKGROUND AND JUSTIFICATION

As authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing if it finds 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.

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. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Assisted Living Facility COVID-19 Response.

In Addition re:

HHSC will conduct public forums for the 1115 THTQIP Waiver, the Healthy Texas Women 1115 Waiver, and the THTQIP Waiver Extension Request.

46 TexReg 3665
June 18, 2021: In Addition HHSC will conduct public forums for the 1115 THTQIP Waiver, the Healthy Texas Women 1115 Waiver, and the THTQIP Waiver Extension Request

OVERVIEW

The Health and Human Services Commission (HHSC) will conduct a virtual post award forum and public hearing on June 21, 2021 beginning at 1:00 p.m. (CDT) to provide updates and to solicit feedback and receive comment on the progress of the 1115 Texas Healthcare Transformation Quality Improvement Program (THTQIP) Waiver; to provide updates and solicit comment on the THTQIP Waiver extension application; and to provide updates and to solicit feedback and receive comment on the progress of the Healthy Texas Women (HTW) Waiver.

HEARING DETAILS

The hearing will be conducted virtually using GoToWebinar only. To join the hearing, go to https://attendee.gotowebinar.com/register/3923607658676568333.

The agenda for the hearing is:

1. Welcome and introductions;

2. Post-Award Forum on the THTQIP Waiver;

3. Extension of the THTQIP Waiver;

4. Post-Award Forum on the HTW Waiver;

5. Public comment; and

6. Adjournment.

PUBLIC COMMENT

During the hearing, attendees who wish to provide public comment may indicate their intention through the GoToWebinar chat feature. The moderator will enable these attendees to provide oral comments virtually during the public comment portion of the hearing.

Written comments may be submitted by U.S. mail to the Texas Health and Human Services Commission, Attention: Basundhara Raychaudhuri, Waiver Coordinator, Policy Development Support, Mail Code H-600, P.O. Box 13247, Austin, Texas 78711-3247; by fax to Basundhara Raychaudhuri at (512) 206-3975; or by e-mail to TX_Medicaid_Waivers@hhsc.state.tx.us.

Written Comments on the progress of the THTQIP Waiver. Written comments on the progress of the THTQIP Waiver may be submitted instead of, or in addition to, oral testimony until 5 p.m. on Monday June 21, 2021.

Written Comments on the THTQIP Waiver Extension. Written comments regarding the extension application for the THTQIP Waiver may be submitted instead of, or in addition to, oral testimony until 5 p.m. on Monday, June 28, 2021.

Written Comments on the progress of the HTW Waiver. Written comments on the progress of the HTW Waiver may be submitted instead of, or in addition to, oral testimony until 5 p.m. on Monday June 21, 2021.

Texas State Board of Examiners of Psychologists

Proposed Rules re:

Amending 22 TAC §463.9 to update requirements relating to Licensed Specialist in School Psychology.

Proposed Rules Amending 22 TAC §463.9 to update requirements relating to Licensed Specialist in School Psychology

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

SUBCHAPTER B. LICENSING REQUIREMENTS

22 TAC §463.9

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §463.9, relating to Licensed Specialist in School Psychology.

BACKGROUND AND JUSTIFICATION

Trainee status for LSSPs is now obsolete since applicants are no longer preapproved to take the jurisprudence examination. Since applicants must pass the examination prior to application, future trainee status for LSSP applicants will no longer be issued; therefore this part of the rule is proposed to be amended to reflect this change.

If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The proposed rule pertains to the qualifications necessary to obtain a license to practice psychology. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code. The Texas State Board of Examiners of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose this rule.

Amending 22 TAC §465.2 to update requirements relating to supervision.

46 TexReg 3671
June 18, 2021: Proposed Rules Amending 22 TAC §465.2 to update requirements relating to supervision

CHAPTER 465. RULES OF PRACTICE

22 TAC §465.2

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §465.2, relating to Supervision.

BACKGROUND AND JUSTIFICATION

Amending 22 TAC §465.38 to update requirements relating to psychological services for schools.

46 TexReg 3674
June 18, 2021: Proposed Rules Amending 22 TAC §465.38 to update requirements relating to psychological services for schools

CHAPTER 465. RULES OF PRACTICE

22 TAC §465.38

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §465.38, relating to Psychological Services for Schools.

BACKGROUND AND JUSTIFICATION

Rules 463.10, 463.11, and 465.12 have been amended so the references to these rules in subsection (e), of this rule, are proposed to be amended to reflect these changes.

If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The proposed rule pertains to the scope of practice, standards of care, or ethical practice for the practice of psychology. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code. The Texas State Board of Examiners of Psychologists, in accordance with §501.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may propose this rule.

Texas State Board of Examiners of Professional Counselors

Adopted Rules re:

Amending 22 TAC §681.114 to update methodology for “substantial equivalency” verification of a military service member, military veteran, or military spouse’s license.

46 TexReg 3689
June 18, 2021: Adopted Rules Amending 22 TAC §681.114 to update methodology for “substantial equivalency” verification of a military service member, military veteran, or military spouse’s license

Amending 22 TAC §681.41 to clarify a licensee’s duty to take reasonable action in response to certain third-party actions.

June 18, 2021: Proposed Rules Amending 22 TAC §681.41 to clarify a licensee’s duty to take reasonable action in response to certain third-party actions

CHAPTER 681. PROFESSIONAL COUNSELORS

SUBCHAPTER B. RULES OF PRACTICE

22 TAC §681.41

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §681.41, relating to General Ethical Requirements.

BACKGROUND AND JUSTIFICATION

The proposed amendment clarifies a licensee’s duty to take reasonable action in response to actions by third-parties.

If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The proposed rule pertains to the scope of practice, standards of care, or ethical practice for the practice of professional counseling. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code. The Texas State Board of Examiners of Professional Counselors, in accordance with § 503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may propose this rule.

Amending 22 TAC §681.72 to update required application materials.

46 TexReg 3681
June 18, 2021: Proposed Rules Amending 22 TAC §681.72 to update required application materials

CHAPTER 681. PROFESSIONAL COUNSELORS

SUBCHAPTER C. APPLICATION AND LICENSING

22 TAC §681.72

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §681.72, relating to Required Application Materials.

BACKGROUND AND JUSTIFICATION

The proposed amendment is necessary to ensure the regulatory standard for substantial equivalency comports with the underlying statutory requirement.

If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The proposed rule pertains to the qualifications necessary to obtain a license. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code. The Texas State Board of Examiners of Professional Counselors, in accordance with §503.2015 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 503 and 507 of the Tex. Occ. Code and may propose this rule.

Texas State Board of Examiners of Marriage and Family Therapists

Proposed Rules re:

New 22 TAC §801.205, establishing exceptions to certain application requirements for applicants experiencing difficulty due to a declared disaster.

June 18, 2021: Proposed Rules New 22 TAC §801.205, establishing exceptions to certain application requirements for applicants experiencing difficulty due to a declared disaster

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS

SUBCHAPTER C. APPLICATIONS AND LICENSING

22 TAC §801.205

OVERVIEW

The Texas Behavioral Health Executive Council proposes new §801.205, relating to Remedy for Incomplete License Requirements.

BACKGROUND AND JUSTIFICATION

The new rule is necessary to allow the Texas State Board of Examiners of Marriage and Family Therapists to make exceptions for applicants that have difficulty fulfilling certain licensing requirements due to a declared disaster. For example, some LMFT Associates have expressed difficulty in meeting the required in-person supervised experience hours because, due to the COVID-19 pandemic, some supervisors or employers are only allowing telehealth services. The new rule will grant the Board flexibility in approving these future applications for the full LMFT license.