Texas Register Table of Contents
- 1 Texas Board of Nursing
- 2 Texas Department on Aging and Disability Services
- 3 Texas Department of State Health Services
- 3.1 June 4, 2021: Emergency Rule Renewing 25 TAC §448.603 to expand a licensed chemical dependency treatment facility’s (CDTF) ability to provide staff training via electronic forms of interaction
- 3.2 June 4, 2021: Proposed Rules Amending 25 TAC §417.47, to allow modification of training requirements for state mental health facilities in response to COVID-19
- 4 Texas State Board of Pharmacy
- 4.1 June 4, 2021: Adopted Rules Amending 22 TAC §291.11 to clarify rules governing operations for all classes of pharmacies
- 4.2 June 4, 2021: Adopted Rules Amending 22 TAC §291.75 to update record-keeping procedures for Class C pharmacies
- 4.3 June 4, 2021: Adopted Rules Amending 22 TAC §291.76 to update record-keeping procedures for Class C pharmacies located in freestanding ambulatory surgical centers
- 4.4 June 4, 2021: Adopted Rules Amending 22 TAC §315.3 to extend the expiration date for Schedule II prescriptions
- 4.5 June 4, 2021: Adopted Rules Amending 22 TAC §315.5 to clarify the section title and extend the expiration date for Schedule II prescriptions
Texas Board of Nursing
June 4, 2021: In Addition Solicitation Announcement for Texas Peer Assistance Program for Nurses (TPAPN)
This is an official notification that the Texas Board of Nursing, an agency of the State of Texas, has issued Request for Proposals No. 507-21-001 (“RFP”) for Texas Peer Assistance Program for Nurses (TPAPN) services.
General information regarding the solicitation and key deadlines applicable to respondents and responses can be viewed at: http://www.txsmartbuy.com/esbddetails/view/507-21-001.
Questions may be directed to April Liwanag, Assistant General Counsel, whose contact information is listed in this week’s edition of the Texas Register (46 Tex Reg 3580).
Texas Department on Aging and Disability Services
June 4, 2021: Proposed Rules Amending 40 TAC §§3.401-3.403 to update infection control requirements for state-supported living centers in response to the COVID-19 pandemic
CHAPTER 3. RESPONSIBILITIES OF STATE FACILITIES
SUBCHAPTER D. TRAINING
40 TAC §§3.401-3.403
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to the following rules to ensure necessary state supported living center staffing levels and infection control during COVID-19 pandemic:
§3.401 (Training for New Employees)
§3.402 (Additional Training for Direct Support Professionals)
§3.403 (Refresher Training)
HHSC is proposing amendments to efficiently and effectively deploy staff to meet basic needs during this unprecedented time without posing risk to the individuals served. These amendments will protect individuals served by the state supported living centers and the public health, safety, and welfare of the state during the current COVID-19 pandemic.
SECTION-BY-SECTION SUMMARY
A detailed summary of changes made to §§3.401-3.403 is included in this week’s edition of the Texas Register (46 Tex Reg 3305).
BACKGROUND AND PURPOSE
The purpose of the proposal 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, which was most recently extended on April 5, 2021. In the 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. Due to the imminent peril to the public health, safety, and welfare of the state, HHSC accordingly adopted emergency amendments to rules regarding staff training requirements. This proposal creates permanent rules to replace the emergency amendments when they expire.
Texas Department of State Health Services
June 4, 2021: Emergency Rule Renewing 25 TAC §448.603 to expand a licensed chemical dependency treatment facility’s (CDTF) ability to provide staff training via electronic forms of interaction
CHAPTER 448. STANDARD OF CARE
SUBCHAPTER F. PERSONNEL PRACTICES AND DEVELOPMENT
25 TAC §448.603
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) renews on an emergency basis in Title 25 Texas Administrative Code, Chapter 448, Standard of Care, an amendment to §448.603, concerning Training, to expand a licensed chemical dependency treatment facility’s (CDTF) ability to provide staff training on abuse, neglect, and exploitation and nonviolent crisis intervention through live, interactive, instructor-led, electronic means, using synchronous audiovisual interaction, in response to COVID-19.
HHSC is renewing this emergency amendment to temporarily permit a licensed CDTF to provide abuse, neglect, and exploitation training to staff through live, interactive, instructor-led, electronic means, performed using a synchronous audiovisual interaction, to reduce the risk of COVID-19 transmission. HHSC is also adopting an emergency amendment to temporarily permit a licensed CDTF to provide nonviolent crisis intervention training to staff through live, interactive, instructor-led, electronic means, performed using a synchronous audiovisual interaction, to reduce the risk of COVID-19 transmission. There are no other changes to §448.603.
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 amendment to §448.603, concerning Training.
46 TexReg 3473
June 4, 2021: Proposed Rules Amending 25 TAC §417.47, to allow modification of training requirements for state mental health facilities in response to COVID-19
CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
SUBCHAPTER A. STANDARD OPERATING PROCEDURES
25 TAC §417.47
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §417.47, concerning Training Requirements for State Mental Health Facilities.
HHSC is proposing the amendment to efficiently and effectively deploy staff to meet basic needs during this unprecedented time without posing risk to the individuals served. This amendment protects individuals served by the state hospitals and the public health, safety, and welfare of the state during a disaster, including the current COVID-19 pandemic.
SUMMARY OF CHANGES
The proposed amendment to §417.47 provides that training may be modified, to include the most essential content, and expedited, due to the COVID-19 pandemic declared disaster, and requires infection control training specific to COVID-19.
This amendment is identical to the existing emergency rule amendment to §417.17, Training Requirements for State Mental Health Facilities, created in response to the COVID-19 pandemic.
BACKGROUND AND PURPOSE
The purpose of the proposal 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, which was most recently extended on April 5, 2021. In the 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. Due to the imminent peril to the public health, safety, and welfare of the state, HHSC accordingly adopted an emergency amendment to rules regarding staff training requirements. This proposal creates a permanent rule to replace the emergency amendment when it expires.
Texas State Board of Pharmacy
June 4, 2021: Adopted Rules Amending 22 TAC §291.11 to clarify rules governing operations for all classes of pharmacies
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.11
The Texas State Board of Pharmacy adopts amendments to §291.11, concerning Operation of a Pharmacy. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2144). The rule will not be republished.
The amendments correct citation references and a short title reference.
46 TexReg 3520
June 4, 2021: Adopted Rules Amending 22 TAC §291.34 to update record-keeping procedures for Class A pharmacies
CHAPTER 291. PHARMACIES
SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.34
The Texas State Board of Pharmacy adopts amendments to §291.34, concerning Records. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2145). The rule will not be republished.
The amendments update references to DEA 222 form requirements to be consistent with federal regulations and clarify that a pharmacist may electronically sign the data entry attestation statement.
46 TexReg 3520
June 4, 2021: Adopted Rules Amending 22 TAC §291.75 to update record-keeping procedures for Class C pharmacies
CHAPTER 291. PHARMACIES
SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)
22 TAC §291.75
The Texas State Board of Pharmacy adopts amendments to §291.75, concerning Records. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2155). The rule will not be republished.
The amendments update references to DEA 222 form requirements to be consistent with federal regulations.
46 TexReg 3520
June 4, 2021: Adopted Rules Amending 22 TAC §291.76 to update record-keeping procedures for Class C pharmacies located in freestanding ambulatory surgical centers
CHAPTER 291. PHARMACIES
SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)
22 TAC §291.76
The Texas State Board of Pharmacy adopts amendments to §291.76, concerning Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2159). The rule will not be republished.
The amendments update references to DEA 222 form requirements to be consistent with federal regulations.
46 TexReg 3521
June 4, 2021: Adopted Rules Amending 22 TAC §315.3 to extend the expiration date for Schedule II prescriptions
CHAPTER 315. CONTROLLED SUBSTANCES
22 TAC §315.3
The Texas State Board of Pharmacy adopts amendments to §315.3, concerning Prescriptions. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2168). The rule will not be republished.
The amendments extend the time period for Schedule II controlled substance prescriptions to be valid to no longer than 30 days to be consistent with federal law.
46 TexReg 3521
June 4, 2021: Adopted Rules Amending 22 TAC §315.5 to clarify the section title and extend the expiration date for Schedule II prescriptions
CHAPTER 315. CONTROLLED SUBSTANCES
22 TAC §315.5
The Texas State Board of Pharmacy adopts amendments to §315.5, concerning Pharmacy Responsibility – Generally – Effective September 1, 2016. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2169). The rule will not be republished.
The amendments remove the effective date from the short title and extend the time period for Schedule II controlled substance prescriptions to be valid to no longer than 30 days to be consistent with federal law.