Texas Register Table of Contents
- 1 Texas State Board of Examiners of Psychologists
- 2 Texas State Board of Examiners of Psychologists
- 3 Texas State Board of Examiners of Psychologists
- 4 Texas State Board of Examiners of Psychologists
- 5 Texas State Board of Examiners of Psychologists
- 6 Texas State Board of Examiners of Psychologists
- 7 Texas State Board of Examiners of Psychologists
- 8 Texas State Board of Examiners of Psychologists
- 9 Texas State Board of Examiners of Psychologists
- 10 Texas State Board of Examiners of Psychologists
- 11 Texas State Board of Examiners of Psychologists
- 12 Texas State Board of Examiners of Psychologists
- 13 Texas State Board of Examiners of Psychologists
- 14 Texas State Board of Examiners of Psychologists
- 15 Texas State Board of Examiners of Psychologists
- 16 Texas State Board of Examiners of Psychologists
- 17 Texas Health and Human Services Commission
- 18 Texas State Board of Examiners of Psychologists
- 19 Texas State Board of Examiners of Psychologists
- 20 Texas State Board of Examiners of Psychologists
- 21 Texas State Board of Examiners of Psychologists
- 22 Texas State Board of Examiners of Psychologists
- 23 Texas Department of State Health Services
- 24 Texas Department of State Health Services
- 25 Texas Medical Disclosure Panel
- 26 Texas Department of State Health Services
Texas State Board of Examiners of Psychologists
Proposed Rules
Repeal of rule §461.7, License Statuses.
22 TAC §461.7The Texas State Board of Examiners of Psychologists proposes the repeal of rule §461.7, License Statuses. The proposed repeal will correspond with the proposal of a new rule §461.7, published in this edition of the Texas Register.
Texas State Board of Examiners of Psychologists
Proposed Rules
New rule §461.7, License Statuses.
22 TAC §461.7The Texas State Board of Examiners of Psychologists proposes new rule §461.7, License Statuses.Overview and Explanation of the Proposed Rule. The proposed new rule is necessary to reduce the regulatory burden associated with moving a license to and from inactive status, as well as simplifying the requirements for the process.
Texas State Board of Examiners of Psychologists
Adopted Rules
Amendment to 22 TAC §461.11, Professional Development.
22 TAC §461.11The Texas State Board of Examiners of Psychologists proposes an amendment to 22 TAC §461.11, Professional Development.Overview and Explanation of the Proposed Rule. The proposed amendment is necessary to reduce regulatory burden, improve regulatory efficiency, and comport with the changes set out in proposed rule 22 TAC §471.1, published in this edition of the Texas Register.
Texas State Board of Examiners of Psychologists
Proposed Rules
Amendment to rule §461.16, Inaccurate and False Information in Licensure Application/Documentation and for Annual Licensure Renewal Application/Documentation
22 TAC §461.16The Texas State Board of Examiners of Psychologists proposes an amendment to rule §461.16, Inaccurate and False Information in Licensure Application/Documentation and for Annual Licensure Renewal Application/Documentation.Overview and Explanation of the Proposed Rule. The proposed amendment will more precisely define the prohibited conduct, improve the agency’s ability to protect the public, and make the changes needed to comport with proposed rule §471.1 published in this edition of the Texas Register.
Texas State Board of Examiners of Psychologists
Proposed Rules
Repeal of rule §461.18, Minimum Data Set Requirement for Online Renewals
22 TAC §461.18The Texas State Board of Examiners of Psychologists proposes the repeal of rule §461.18, Minimum Data Set Requirement for Online Renewals. The proposed repeal will correspond with the proposal of amended rule §471.1 published in this edition of the Texas Register.OVERVIEW AND EXPLANATION OF THE PROPOSED REPEAL. The proposed repeal is necessary because the substance of this rule has been incorporated into the proposed amendments to rule §471.1.
Texas State Board of Examiners of Psychologists
Proposed Rules
Amendment to rule §463.11, Licensed Psychologists
22 TAC §463.11The Texas State Board of Examiners of Psychologists proposes an amendment to rule §463.11, Licensed Psychologists.Overview and Explanation of the Proposed Rule Amendment. The proposed amendment is necessary to reduce unnecessary regulatory burdens on applicants, particularly those who delay entering the workforce.
Texas State Board of Examiners of Psychologists
Proposed Rules
Repeal of rule §471.2, Renewal Forms
22 TAC §471.2The Texas State Board of Examiners of Psychologists proposes the repeal of rule §471.2, Renewal Forms. The proposed repeal will correspond with the proposal of amended rule §471.1 published in this edition of the Texas Register.OVERVIEW AND EXPLANATION OF THE PROPOSED REPEAL. The proposed repeal is necessary because portions of this rule have been incorporated into the proposed amendments to rule §471.1, and because the remaining substance of this rule is duplicative of the existing requirements found in rule §471.1.
Texas State Board of Examiners of Psychologists
Proposed Rules
New rule §471.3, Initial License Renewal Date
22 TAC §471.3The Texas State Board of Examiners of Psychologists proposes new rule §471.3, Initial License Renewal Dates.OVERVIEW AND EXPLANATION OF THE PROPOSED RULE. The proposed new rule is necessary to comport with the changes set out in proposed rule §471.1, published in this edition of the Texas Register, which would create a biennial license renewal requirement instead of the current annual one. This proposed new rule is necessary to define the expiration date for newly issued and reinstated licenses in the proposed biennial license renewal structure.
Texas State Board of Examiners of Psychologists
Proposed Rules
An amendment to rule §471.1, Renewal of a License
22 TAC §471.1The Texas State Board of Examiners of Psychologists proposes an amendment to rule §471.1, Renewal of a License.Overview and Explanation of the Proposed Rule. The proposed amendment will reduce the regulatory burden on licensees and improve agency efficiency by requiring biennial renewals and increasing the level of automation used in carrying out agency functions. Moreover, the proposed amendment will advance the Board’s stated goal of expanding its use of digital services, a key component in the agency’s strategic plan. Additionally, the proposed amendment is necessary due to anticipated statutory changes to §501.301 and §501.302 of the Tex. Occ. Code and newly anticipated §507.254 of the Tex. Occ. Code, as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019).
Texas State Board of Examiners of Psychologists
Proposed Rules
An amendment to rule §471.6, Renewal Terms Exclusive to Licensees on Active Military Duty
22 TAC §471.6The Texas State Board of Examiners of Psychologists proposes an amendment to rule §471.6, Renewal Terms Exclusive to Licensees on Active Military Duty.Overview and Explanation of the Proposed Rule. The proposed amendment is necessary to comport with the changes set out in proposed rule §471.1 published in this edition of the Texas Register.
Texas State Board of Examiners of Psychologists
Proposed Rules
An amendment to rule §473.1, Application Fees
22 TAC §473.1The Texas State Board of Examiners of Psychologists proposes an amendment to rule §473.1, Application Fees.Overview and Explanation of the Proposed Rule. The proposed amendment is necessary to comply with §501.152 of the Psychologists’ Licensing Act, as well as newly anticipated §507.154 of the Occupations Code as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019). Currently, once an applicant becomes licensed, he or she renews his or her license after one year. Once the agency converts to biennial renewals, however, the agency would lose the revenue generated from that first year renewal because the initial renewal date would be set between 18 and 30 months out from the date of licensure. Because this revenue is necessary for the agency to carry out its mission, the agency must recover this lost revenue through other means. Therefore, the agency proposes recovering this lost revenue by adding an amount equal to the annual renewal fee for a license to the application fee for that license. This would ensure the agency continues to collect the same amount of revenue without increasing the fees actually paid by applicants or licensees.
Texas State Board of Examiners of Psychologists
Proposed Rules
Repeal of rule §473.3, Annual Renewal Fees (Not Refundable)
22 TAC §473.3The Texas State Board of Examiners of Psychologists proposes the repeal of rule §473.3, Annual Renewal Fees (Not Refundable). The proposed repeal will correspond with the proposal of a new rule §473.3 published in this edition of the Texas Register.Overview and Explanation of the Proposed Repeal. The proposed repeal, in conjunction with the proposed new rule §473.3, is necessary to comport with the changes set out in proposed rule §471.1, published in this issue of the Texas Register, and changes in fees set by outside agencies.
Texas State Board of Examiners of Psychologists
Adopted Rules
New rule §473.3, Biennial Renewal Fees (Not Refundable)
22 TAC §473.3The Texas State Board of Examiners of Psychologists proposes new rule §473.3, Biennial Renewal Fees (Not Refundable).Overview and Explanation of the Proposed Rule. The proposed new rule is necessary to comport with the changes set out in proposed rule §471.1, published in this addition of the Texas Register, and changes in fees set by outside agencies.
Texas State Board of Examiners of Psychologists
Proposed Rules
Repeal of rule §473.4, Late Fees for Renewals (Not Refundable)
22 TAC §473.4The Texas State Board of Examiners of Psychologists proposes the repeal of rule §473.4, Late Fees for Renewals (Not Refundable). The proposed repeal will correspond with the proposal of a new rule §473.4 published in this issue of the Texas Register.Overview and Explanation of the Proposed Repeal. The proposed repeal is necessary due to anticipated statutory changes to §501.302 of the Psychologists’ Licensing Act and newly anticipated §507.254 of the Occupations Code, as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019).
Texas State Board of Examiners of Psychologists
Adopted Rules
New rule §473.4, Late Fees for Renewals
22 TAC §473.4The Texas State Board of Examiners of Psychologists proposes new rule §473.4, Late Fees for Renewals.Overview and Explanation of the Proposed Rule. The proposed new rule is necessary due to anticipated statutory changes to §501.302 of the Psychologists’ Licensing Act and newly anticipated §507.254 of the Occupations Code, as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019).
Texas State Board of Examiners of Psychologists
Adopted Rules
Amendment to rule §473.5, Miscellaneous Fees (Not Refundable)
22 TAC §473.5The Texas State Board of Examiners of Psychologists proposes an amendment to rule §473.5, Miscellaneous Fees (Not Refundable).OVERVIEW AND EXPLANATION OF THE PROPOSED RULE. The proposed amendment is necessary to comport with the changes set out in proposed rule §461.7, published elsewhere in this edition of the Texas Register.
Texas Health and Human Services Commission
Adopted Rules
1 TAC §355.8065, §355.8066The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.8065, concerning Disproportionate Share Hospital Reimbursement Methodology, and §355.8066, concerning Hospital-Specific Limit Methodology.The first rule, §355.8065, concerning Disproportionate Share Hospital Reimbursement Methodology is adopted with changes to the proposed text as published in the April 19, 2019, issue of the Texas Register (44 TexReg 1939), and therefore will be republished.The second rule, §355.8066, concerning Hospital-Specific Limit Methodology, is adopted without changes to the proposed text as published in the April 19, 2019, issue of the Texas Register (44 TexReg 1939), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe purpose of the amendments is to describe the methodology for dispensing unspent Disproportionate Share Hospital (DSH) funds, to amend the methodology for calculating future DSH payments, to amend the calculation of the interim hospital-specific limit, and to update and clarify related rule language.
Texas State Board of Examiners of Psychologists
Adopted Rules
Adopts new rule §463.22, Reinstatement of a License
22 TAC §463.22The Texas State Board of Examiners of Psychologists adopts new rule §463.22, Reinstatement of a License, without changes to the proposed text as published in the March 8, 2019, issue of the Texas Register (44 TexReg 1234). The new rule will not be republished.The new rule is being adopted to ensure the protection and safety of the public.The new rule as adopted will reduce regulatory burden by creating an expedited application process for individuals previously licensed by the agency and provide greater public protection by ensuring continuity of license numbers for individuals with a disciplinary history. The new rule will also strengthen the agency’s ability to vet prior licensees with disciplinary history who again seek licensure in Texas.
Texas State Board of Examiners of Psychologists
Adopted Rules
An amendment to rule §465.6, Public Statements, Advertisements, and Specialty Titles
22 TAC §465.6The Texas State Board of Examiners of Psychologists adopts an amendment to rule §465.6, Public Statements, Advertisements, and Specialty Titles without changes to the proposed text published in the March 8, 2019, issue of the Texas Register(44 TexReg 1236). The amended rule will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted is necessary to reduce the regulatory burden on licensees of correcting or attempting to correct inaccurate statements made about the licensee by third-parties. The regulatory burden of this rule simply outweighs the public protection afforded by the language repealed. The adopted amendment will also ensure the agency’s rules are not utilized by any individual(s) to restrict or chill what could otherwise be protected speech under the First Amendment to the U.S. Constitution.
Texas State Board of Examiners of Psychologists
Adopted Rules
An amendment to rule §465.22, Psychological Records, Test Data and Test Materials
22 TAC §465.22The Texas State Board of Examiners of Psychologists adopts an amendment to rule §465.22, Psychological Records, Test Data and Test Materials without changes to the proposed text as published in the March 8, 2019, issue of the Texas Register(44 TexReg 1237). The rule will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted is necessary to clarify the requirement that licensees provide copies of test materials in response to a lawful subpoena. The adopted amendment also serves to remove confusing language regarding permission from the test publishers.
Texas State Board of Examiners of Psychologists
Adopted Rules
An amendment to rule §470.17, Motion for Rehearing
22 TAC §470.17The Texas State Board of Examiners of Psychologists adopts amendment to rule §470.17, Motion for Rehearing, without changes to the proposed text published in the March 8, 2019, issue of the Texas Register (44 TexReg 1240). The rule will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted is necessary to ensure conformity with legislative changes made to Chapter 2001 of the Tex. Gov’t. Code, namely §§2001.141-2001.147.
Texas State Board of Examiners of Psychologists
Adopted Rules
An amendment to rule §473.2, Examination Fees (Non-Refundable)
22 TAC §473.2The Texas State Board of Examiners of Psychologists adopts amendment to rule §473.2, Examination Fees (Non-Refundable), without changes to the proposed text published in the March 8, 2019, issue of the Texas Register (44 TexReg 1242). The rule will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted eliminates outdated language regarding the exam fee for the jurisprudence examination.
Texas Department of State Health Services
Adopted Rules
Repeal of §289.232 and new §289.232, concerning Radiation Control Regulations for Dental Radiation Machines
25 TAC §289.232The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §289.232 and new §289.232, concerning Radiation Control Regulations for Dental Radiation Machines. New §289.232 is adopted with changes to the proposed text as published in the January 11, 2019, issue of the Texas Register (44 TexReg 180), and therefore will be republished. The repeal of §289.232 is adopted without changes to the proposed text as published in the January 11, 2019 issue of the Texas Register (44 TexReg 180), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe repeal and new section are necessary due to extensive revisions made throughout the new section. The changes correct rule citation references, define registrant responsibilities, and mirror registration requirements in Title 25, Texas Administrative Code (TAC), §289.226, concerning the registration of radiation machine use and services. In addition, the new section is updated to reflect fee requirements in 25 TAC §289.204, concerning fees for certificates of registration, radioactive material licenses, emergency planning and implementation, and other regulatory services.Other changes to §289.232 include updating the rules to address the agency’s legal requirements to have rules compatible with the Food and Drug Administration, as provided in the Code of Federal Regulations (CFR) on x-ray machine technical requirements; reorganizing current requirements; adding new requirements from staff and stakeholder input; adding and clarifying definitions; and updating terminology. Changes to the section strengthen qualifications for radiation safety officers; require radiation safety officers to review operating and safety procedures at intervals not to exceed 12 months; clarify inspection compliance and hearing procedures; and clarify the requirement for an equipment performance evaluation be performed on radiation machines within 30 days of installation or reinstallation. In addition, the changes clarify timelines and requirements for equipment performance evaluations on the x-ray units; add safety requirements to Operating and Safety Procedures; add requirements for controlling operator’s occupational radiation exposure; and strengthen the requirements for digital imaging.
Texas Department of State Health Services
Adopted Rules
New § 289.232 (regulatory program for sources of radiation)
25 TAC §289.232The new section is authorized by Texas Health and Safety Code, Chapter 401, the “Texas Radiation Control Act,” which provides for DSHS to institute and maintain a regulatory program for sources of radiation; §401.051, which provides the required authority to adopt rules and guidelines relating to the control of sources of radiation; §401.064, which provides for the authority to adopt rules related to inspection of x-ray equipment; §401.101, providing for DSHS registration of facilities possessing sources of radiation; Chapter 401, Subchapter J, which authorizes enforcement of the Act; and Texas Government Code, §531.0055 and Texas Health and Safety Code, §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001. The review of the rules implements Texas Government Code, §2001.039, regarding review of existing rules.
Texas Medical Disclosure Panel
Adopted Rules
Amendments to §601.4 and §601.8, concerning informed consent
25 TAC §601.4, §601.8The Texas Medical Disclosure Panel (panel) adopts amendments to §601.4 and §601.8, concerning informed consent. The amendments to §601.4 and §601.8 are adopted with changes to the proposed text as published in the February 22, 2019, issue of the Texas Register (44 TexReg 803) and will be republished.BACKGROUND AND JUSTIFICATIONThese amendments are in accordance with the Texas Civil Practice and Remedies Code, §74.102, which requires the panel to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients and to establish the general form and substance of such disclosure. Section 601.4 contains the Disclosure and Consent form for Medical Care and Surgical Procedures. Section 601.8 contains the Disclosure and Consent for Hysterectomy form.
Texas Department of State Health Services
In Addition
Order Adding the Chemical Names of Five Substances that Fall within the Definition of Fentanyl-Related Substances; Extending the Temporary Scheduling of Six Synthetic Cannabinoids; and Temporarily Scheduling Five other Synthetic Cannabinoids
The Drug Enforcement Administration (DEA) is providing additional descriptive information with respect to five specific substances already covered by a temporary scheduling order that appeared in the Federal Register on February 6, 2018. That order placed fentanyl-related substances temporarily in schedule I of the Controlled Substances Act. The order further stated that if and when DEA identifies a specific new substance that falls under the definition of a fentanyl-related substance, the agency will publish in the Federal Register, and on the agency website, the chemical name of such substance. This notification provides the chemical names of five substances that fall within the definition of fentanyl-related substances that were temporarily controlled under the scheduling order issued February 6, 2018. This notification has the same effective period as the temporary scheduling order published on February 6, 2018 (83 FR 5188). This notification was published in the April 19, 2019, issue of the Federal Register (84 FR 16397). These substances are:(1) 2′-fluoro ortho-fluorofentanyl;(2)ortho-methyl acetylfentanyl;(3) beta’-phenyl fentanyl;(4) thiofuranyl fentanyl; and(5) crotonyl fentanyl.