Texas Register June 24, 2022 Volume: 47 Number: 25

Texas Register Table of Contents

1 Texas Health and Human Services Commission
- - 1.0.1 Proposed Rules Re:
    - 1.0.1.1 Amending 1 TAC §351.807, concerning the Behavioral Health Advisory Committee’s membership.
    - 1.0.1.2 New 26 TAC §506.39, concerning in-person religious counselor visitation during a public health emergency.
  - 1.0.2 In Addition Re:
    - 1.0.2.1 Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates
    - 1.0.2.2 Public Notice – Texas State Plan for Medical Assistance Amendment Effective July 1, 2022
2 Texas State Board of Pharmacy
- - 2.0.1 Proposed Rules Re:
3 Department of State Health Services
- - 3.0.1 Proposed Rules Re:
    - 3.0.1.1 Repealing §37.420, concerning the Sickle Cell Advisory Committee and proposing a new §37.420 concerning the Sickle Cell Task Force.
    - 3.0.1.2 New 25 TAC §133.51, concerning in-person visitation of religious counselors during a public health emergency or disaster.
  - 3.0.2 In Addition Re:
    - 3.0.2.1 Order Placing 4,4′-DMAR and Isotonitazine into Schedule I
4 Texas Department of Licensing and Regulation
- - 4.0.1 Adopted Rules Re:

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 1 TAC §351.807, concerning the Behavioral Health Advisory Committee’s membership.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
1 TAC §351.807

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to Texas Administrative Code, Title 1, Part 15, Chapter 351, Subchapter B, §351.807, concerning the Behavioral Health Advisory Committee.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to revise the committee membership to align with federal best practices and accommodate current and future changes to the provision of behavioral health services. The amendment also serves to align the format of §351.807 to follow agency guidelines.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §351.807(a) adds two references concerning the Behavioral Health Advisory Committee (BHAC) statutory authority.
The proposed amendment to §351.807(b) clarifies that the BHAC advises the HHSC Executive Commissioner on mental health and substance use disorder (SUD) services.
The proposed amendment to §351.807(d) adds that an annual written report is submitted to the Executive Commissioner as well as the Texas Legislature.
The proposed amendment to §351.807(e) relocates the terms regarding abolition of the rule to the end of the rule and replaces it with provisions regarding open meetings.
The proposed amendments to §351.807(f) designate a committee membership category for a representative from a federally recognized Native American tribe. This change formally establishes the position for a member from a federally recognized Native American tribe, and aligns with federal best practices, the committee’s bylaws, and helps ensure representation of the tribes in Texas. The adult consumer positions are now listed separately to emphasize representation for one consumer of mental health or co-occurring mental health and SUD services, and one consumer of SUD or co-occurring SUD and mental health services. The family representative positions are now listed separately to highlight one family member of someone who has received services, and one parent of a child with serious emotional disturbance (SED). The proposed amendments also allow for a broad category of peer provider representation and emphasize the need for a behavioral health service provider who focuses on families. Additionally, the proposed amendments remove the requirement for the Interagency Coordinating Group for faith and community-based organizations to nominate a member, but still allow for one representative from a faith-based community organization. Due to a seat being designated for a representative from a federally recognized Native American tribe, the amendment changes the number of positions for people who have interest and knowledge of mental health and substance use issues from three positions to two. The amendment also indicates when members are appointed and the length of their term.
The proposed amendment to §351.807(g) provides requirements for officer selection and the length of their term.
The proposed amendment adds subsection (h) describing required training.
The proposed amendment adds subsection (i) concerning the date of abolition.

New 26 TAC §506.39, concerning in-person religious counselor visitation during a public health emergency.

CHAPTER 506. SPECIAL CARE FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §506.39

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §506.39, concerning In-Person Visitation During a Public Health Emergency or Disaster.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to comply with Senate Bill (S.B.) 572, 87th Legislature, 2021, Regular Session. S.B. 572 requires HHSC to adopt rules establishing guidelines for certain health care facilities, including special care facilities, to use when developing policies and procedures for in-person religious counselor visitation during a public health emergency, as required under Texas Health and Safety Code Chapter 260C.

SECTION-BY-SECTION SUMMARY

Proposed new §506.39 defines relevant terms used in the section and requires a special care facility to comply with the requirements for in-person religious counselor visitation during a public health emergency under Texas Health and Safety Code Chapter 260C. Proposed new §506.39 also establishes guidelines with which a facility must comply when creating and implementing policies and procedures for in-person religious counselor visitation during a public health emergency or disaster, if the facility chooses to establish such policies and procedures.

In Addition Re:

Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates

OVERVIEW

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 20, 2022, at 1:00 p.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, and Healthcare Common Procedure Coding System (HCPCS) Updates.

Public Notice – Texas State Plan for Medical Assistance Amendment Effective July 1, 2022

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendments are effective July 1, 2022.

The purpose of proposed amendments to the Texas State Plan is to add the following so patient-site telemedicine services may be reimbursed to Federal Qualified Health Clinic (FQHC) or Rural Health Clinic (RHC) for the originating site facility fee as an alternative payment methodology for a health care provider to a Medicaid recipient at an RHC or an FQHC.

The proposed amendment is estimated to result in estimated costs of approximately $2,400 all funds annually.

Texas State Board of Pharmacy

Proposed Rules Re:

Amending 22 TAC §283.4, concerning hours credited from a college or a school of pharmacy.

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.4

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §283.4, concerning Internship Requirements. The amendments, if adopted, clarify that a person graduating from a college/school of pharmacy shall only be credited the number of hours obtained and reported by the program.

BACKGROUND AND JUSTIFICATION

Timothy L. Tucker, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Dr. Tucker has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide clearer regulatory language that accurately reflects the calculation of internship hours obtained through a college/school of pharmacy. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.

For each year of the first five years the proposed amendments will be in effect, Dr. Tucker has determined the following:

(1) The proposed amendments do not create or eliminate a government program;

(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed amendments does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed amendments do not require an increase or decrease in fees paid to the agency;

(5) The proposed amendments do not create a new regulation;

(6) The proposed amendments do expand an existing regulation by requiring the number of internship hours actually obtained to be reported;

(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule’s applicability because the rule continues to apply to all applicants for a Texas pharmacist license; and

(8) The proposed amendments do not positively or adversely affect this state’s economy.

Written comments on the amendments may be submitted to Eamon D. Briggs, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., July 25, 2022.

The amendments are proposed under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 – 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by these amendments: Texas Pharmacy Act, Chapters 551 – 569, Texas Occupations Code.

Amending 22 TAC §291.33, updating a term, correcting a citation reference, and removing the requirement for oral patients counseling on a new prescription.

CHAPTER 291. PHARMACIES
SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.33

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.33, concerning Operational Standards. The amendments, if adopted, update a term, correct a citation reference, and remove the requirement for oral patient counseling on a new prescription to be provided in person, a requirement which has been temporarily suspended by the Office of the Governor until June 30, 2022 or until the March 13, 2020 disaster declaration is lifted or expires.

BACKGROUND AND JUSTIFICATION

Timothy L. Tucker, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Dr. Tucker has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to improve operational efficiency of pharmacies and provide clearer regulatory language. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.

For each year of the first five years the proposed amendments will be in effect, Dr. Tucker has determined the following:

(1) The proposed amendments do not create or eliminate a government program;

(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed amendments does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed amendments do not require an increase or decrease in fees paid to the agency;

(5) The proposed amendments do not create a new regulation;

(6) The proposed amendments do limit an existing regulation by removing a restriction on how a pharmacist in a Class A pharmacy may provide patient counseling;

(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule’s applicability; and

(8) The proposed amendments do not positively or adversely affect this state’s economy.

Amending 22 TAC §291.104, clarifying Class E Pharmacies outsourcing prescription drug order dispensing to central fill pharmacies.

CHAPTER 291. PHARMACIES
SUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)
22 TAC §291.104

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.104, concerning Operational Standards. The amendments, if adopted, will clarify that a Class E Pharmacy may outsource prescription drug order dispensing to a central fill pharmacy.

BACKGROUND AND JUSTIFICATION

Timothy L. Tucker, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Dr. Tucker has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide clearer regulatory language. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.

For each year of the first five years the proposed amendments will be in effect, Dr. Tucker has determined the following:

(1) The proposed amendments do not create or eliminate a government program;

(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed amendments does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed amendments do not require an increase or decrease in fees paid to the agency;

(5) The proposed amendments do not create a new regulation;

(6) The proposed amendments do not limit or expand an existing regulation;

(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule’s applicability because the rule continues to apply to all Class E pharmacies; and

(8) The proposed amendments do not positively or adversely affect this state’s economy.

Amending 22 TAC §291.125, clarifying that a Class E pharmacy may outsource prescription drug orders dispensing to a central fill pharmacy.

CHAPTER 291. PHARMACIES
SUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)
22 TAC §291.125

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.125, concerning Centralized Prescription Dispensing. The amendments, if adopted, clarify that a Class E pharmacy may outsource prescription drug order dispensing to a central fill pharmacy.

BACKGROUND AND JUSTIFICATION

Timothy L. Tucker, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Dr. Tucker has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to provide clearer regulatory language. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.

For each year of the first five years the proposed amendments will be in effect, Dr. Tucker has determined the following:

(1) The proposed amendments do not create or eliminate a government program;

(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed amendments does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed amendments do not require an increase or decrease in fees paid to the agency;

(5) The proposed amendments do not create a new regulation;

(6) The proposed amendments do not limit or expand an existing regulation;

(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule’s applicability because the rule continues to apply to all Class A, Class C, and Class E pharmacies engaged in centralized prescription dispensing; and

(8) The proposed amendments do not positively or adversely affect this state’s economy.

Amending 22 TAC §291.131, adding definitions and clarifying training requirements for all personnel involved in non-sterile compounding.

CHAPTER 291. PHARMACIES
SUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)
22 TAC §291.131

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.131, concerning Pharmacies Compounding Non-Sterile Preparations. The amendments, if adopted, add definitions of “cleaning” and “sanitizing”, clarify the training requirements for all personnel involved in non-sterile compounding, and update environmental, equipment, and compounding process requirements for non-sterile compounding.

BACKGROUND AND JUSTIFICATION

Timothy L. Tucker, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Dr. Tucker has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be to ensure the safety and efficacy of non-sterile compounded preparations for patients, improve the health, safety, and welfare of patients by ensuring that Class A, Class C, and Class E pharmacies engaged in non-sterile compounding operate in a safe and sanitary environment, and provide clearer regulatory language. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.

For each year of the first five years the proposed amendments will be in effect, Dr. Tucker has determined the following:

(1) The proposed amendments do not create or eliminate a government program;

(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed amendments does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed amendments do require a decrease in fees paid to the agency by narrowing the scope of pharmacies that are required to register a balance, which includes paying a registration fee, from all pharmacies engaged in non-sterile compounding to only pharmacies engaged in compounding that requires weighing a component;

(5) The proposed amendments do not create a new regulation;

(6) The proposed amendments both limit and expand an existing regulation by narrowing the scope of pharmacies required to register a balance and allowing for certain standards to be set in SOPs instead of being set in board rules, and by adding new operational requirements for Class A, Class C, and Class E pharmacies engaged in non-sterile compounding;

(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule’s applicability; and

(8) The proposed amendments do not positively or adversely affect this state’s economy.

Repealing 22 TAC §305.1, removing practice degree program standards that are redundant.

CHAPTER 305. EDUCATIONAL REQUIREMENTS
22 TAC §305.1

OVERVIEW

The Texas State Board of Pharmacy proposes the repeal of §305.1, concerning Pharmacy Education Requirements. The proposed repeal, if adopted, removes professional practice degree program standards that are redundant with standards specified elsewhere in Board rules.

BACKGROUND AND JUSTIFICATION

Timothy L. Tucker, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of repealing the rule. Dr. Tucker has determined that, for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of the repeal will be to provide clearer and more concise agency regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.

For each year of the first five years the proposed repeal will be in effect, Dr. Tucker has determined the following:

(1) The proposed repeal does not create or eliminate a government program;

(2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed repeal does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed repeal does not require an increase or decrease in fees paid to the agency;

(5) The proposed repeal does not create a new regulation;

(6) The proposed repeal does limit an existing regulation by eliminating requirements that are unnecessary or duplicative of other requirements;

(7) The proposed repeal does decrease the number of individuals subject to the rule’s applicability by eliminating the requirements of the rule; and

(8) The proposed repeal does not positively or adversely affect this state’s economy.

Repealing 22 TAC §305.2, removing standards for pharmacy technician training programs that are not required or outside the resources of the Board.

CHAPTER 305. EDUCATIONAL REQUIREMENTS
22 TAC §305.2

OVERVIEW

The Texas State Board of Pharmacy proposes the repeal of §305.2, concerning Pharmacy Technician Training Programs. The proposed repeal, if adopted, removes standards for pharmacy technician training programs that are not required to be specified in Board rule and other requirements that are outside the resources of the Board to perform.

BACKGROUND AND JUSTIFICATION

For each year of the first five years the proposed repeal will be in effect, Dr. Tucker has determined the following:

(1) The proposed repeal does not create or eliminate a government program;

(2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed repeal does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed repeal does not require an increase or decrease in fees paid to the agency;

(5) The proposed repeal does not create a new regulation;

(6) The proposed repeal does limit an existing regulation by eliminating unnecessary and impractical requirements;

(7) The proposed repeal does decrease the number of individuals subject to the rule’s applicability by eliminating the requirements of the rule; and

(8) The proposed repeal does not positively or adversely affect this state’s economy.

Department of State Health Services

Proposed Rules Re:

Repealing §37.420, concerning the Sickle Cell Advisory Committee and proposing a new §37.420 concerning the Sickle Cell Task Force.

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER R. ADVISORY COMMITTEES
25 TAC §37.420

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of §37.420, concerning the Sickle Cell Advisory Committee; and proposes new §37.420, concerning the Sickle Cell Task Force.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to repeal §37.420 is in its entirety in accordance with Texas Government Code §2110.008(a). The Sickle Cell Advisory Committee (SCAC) was abolished effective September 1, 2018.

The proposal also replaces the repealed section with new §37.420. The Sickle Cell Task Force (Task Force) was established in accordance with House Bill 3405, 86th Legislature, Regular Session, 2019, and promulgated under the Texas Health and Safety Code, Chapter 50 (redesignated as Texas Health and Safety Code, Chapter 52 per House Bill 3607, 87th Legislature, Regular Session, 2021). The Task Force was created to continue the work of the SCAC. The proposed new section establishes the Task Force, and describes Task Force composition, roles, responsibilities, and abolishment date.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §37.420 deletes the section pertaining to the SCAC, abolished effective September 1, 2018.
Proposed new §37.420 establishes the Task Force. The new section identifies the statutory authority, outlines the purpose, describes duties and reporting requirements, and defines the Open Meetings Act compliance requirements. The proposed new section defines membership composition for seven members and officer rules. The proposed new section defines training requirements and rules pertaining to membership reimbursement and gives the date of abolition for the Task Force.

New 25 TAC §133.51, concerning in-person visitation of religious counselors during a public health emergency or disaster.

CHAPTER 133. HOSPITAL LICENSING
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
25 TAC §133.51

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §133.51, concerning In-Person Visitation During a Public Health Emergency or Disaster.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to comply with Senate Bill (S.B.) 572, 87th Legislature, 2021, Regular Session. S.B. 572 requires HHSC to adopt rules establishing guidelines for certain health care facilities, including hospitals and special care facilities, to use when developing policies and procedures for in-person religious counselor visitation during a public health emergency, as required under Texas Health and Safety Code Chapter 260C.

This proposal also ensures consistency with House Bill (H.B.) 2211, 87th Legislature, 2021, Regular Session. H.B. 2211 requires a hospital to permit, except under certain circumstances, in-person visitation with hospital patients during a qualifying period of disaster and allows the hospital to condition this visitation upon compliance with certain authorized health and safety measures under Texas Health and Safety Code §241.012.

SECTION-BY-SECTION SUMMARY

Proposed new §133.51 defines relevant terms used in the section and requires a hospital to comply with Texas Health and Safety Code Chapter 260C and Texas Health and Safety Code §241.012. Proposed new §133.51 also establishes guidelines with which a hospital must comply when creating and implementing policies and procedures for in-person religious counselor visitation during a public health emergency or disaster, if the hospital chooses to establish such policies and procedures.

In Addition Re:

Order Placing 4,4′-DMAR and Isotonitazine into Schedule I

For more information, please visit this week’s issue of the Texas Register at 47 Tex Reg 3730.

Texas Department of Licensing and Regulation

Adopted Rules Re:

Amending 16 TAC §111.14, to update rules related to the Speech-Language Pathologists and Audiologists Program by removing the requirement that advisory board meetings be announced and conducted under the provisions of the Open Meetings Act.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER B. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD
16 TAC §111.14

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter B, §111.14, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 434). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech- Language Pathologists and Audiologists.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department’s enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department’s advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department’s programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department’s enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Speech-Language Pathologists and Audiologists program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §111.14, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

Amending 16 TAC §112.14 to update standards related to the Hearing Instrument Fitters and Dispensers program by removing the requirement that advisory board meetings be announced and conducted under the provisions of the Open Meetings Act.

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS
SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD
16 TAC §112.14

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.14, regarding the Hearing Instrument Fitters and Dispensers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 436). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers.

The adopted rule makes the necessary rule changes for the Hearing Instrument Fitters and Dispensers program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §112.14, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

Amending 16 TAC §114.69 to update requirements related to the Orthotists and Prosthetists program by removing the requirement that advisory board meetings be announced and conducted under the provisions of the Open Meetings Act.

CHAPTER 114. ORTHOTISTS AND PROSTHETISTS
16 TAC §114.69

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 114, §114.69, regarding the Orthotists and Prosthetists program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 437). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 114 implement Texas Occupations Code, Chapter 605, Orthotists and Prosthetists.

The adopted rule makes the necessary rule changes for the Orthotists and Prosthetists program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §114.69, Advisory Board; Meetings. The adopted rule repeals former subsection (a), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

Amending 16 TAC §115.7 to update rules regarding the Midwives program by removing the requirement that advisory board meetings be announced and conducted under the provisions of the Open Meetings Act.

CHAPTER 115. MIDWIVES
16 TAC §115.7

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 115, §115.7, regarding the Midwives program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 439). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 115 implement Texas Occupations Code, Chapter 203, Midwives.

The adopted rule makes the necessary rule changes for the Midwives program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §115.7, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

Amending 16 TAC §116.14 to update rules related to the Dietitians program by removing the requirement that advisory board meetings be announced and conducted under the provisions of the Open Meetings Act.

CHAPTER 116. DIETITIANS
SUBCHAPTER B. DIETITIANS ADVISORY BOARD
16 TAC §116.14

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter B, §116.14, regarding the Dietitians program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 441). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 116 implement Texas Occupations Code, Chapter 701, Dietitians.

The adopted rule makes the necessary rule changes for the Dietitians program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §116.14, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

Amending 16 TAC §120.69 to update rules related to the Dyslexia Therapy Program by removing the requirement that advisory board meetings be announced and conducted under the provisions of the Open Meetings Act.

CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS
16 TAC §120.69

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.69, regarding the Dyslexia Therapy program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 442). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The adopted rule makes the necessary rule changes for the Dyslexia Therapy program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §120.69, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

Amending 16 TAC §121.69, to remove certain requirements related to Behavior Analyst Advisory Board meetings.

CHAPTER 121. BEHAVIOR ANALYST
16 TAC §121.69

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 121, §121.69, regarding the Behavior Analysts program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 444). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts.

HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department’s programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department’s enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

In addition, HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department’s advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

The Behavior Analysts program rules are affected by both categories of changes. The adopted rule makes the necessary rule changes for the Behavior Analysts program to align the program rules with new Occupations Code §51.209(a-1) and (a-2) and to reflect the repeal of Occupations Code §506.105.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §121.69, Advisory Board: Meetings. The adopted rule repeals former subsection (a), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory board meeting and which specified the minimum number of meetings per year. The adopted rule also repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.