Texas Register Table of Contents
- 1 Governor
- 1.0.1 Appointments Re:
- 1.0.1.1 Appointed to the Radiation Advisory Board for a term to expire April 16, 2025, Joseph W. “Joe” Markham of Keller, Texas.
- 1.0.1.2 Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, David M. Dutton, D.V.M. of Comfort, Texas.
- 1.0.1.3 Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Sockalingam “Sam” Kannappan of Houston, Texas.
- 1.0.1.4 Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, William J. “Will” Pate, DrPH of League City, Texas.
- 1.0.1.5 Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Suresh D. Pillai, Ph.D. of College Station, Texas.
- 1.0.1.6 Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Kevin L. Raabe of Floresville, Texas.
- 1.0.1.7 Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Sandra M. Ramirez of Houston, Texas.
- 1.0.1.8 Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Jeanette Ruiz, M.D. of Austin, Texas.
- 1.0.1 Appointments Re:
- 2 Office of the Attorney General
- 3 State Board of Dental Examiners
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 22 TAC §104.1, to give course instructors who offer continuing education through a provider listed in §104.2 two hours of continuing education credit for every one hour of instruction.
- 3.0.1.2 Amending 22 TAC §107.3, to prohibit a licensing agency from disciplining or denying a license to an individual who has defaulted on a student loan.
- 3.0.1.3 Amending 22 TAC §107.17, to update the cited SOAH rule from 1 TAC §155.103 to 1 TAC §155.105.
- 3.0.1.4 Amending 22 TAC §107.105, to remove citation language from the rule and allow the Board to issue administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
- 3.0.1.5 Amending 22 TAC §107.106, to remove citation language from the rule and allow the Board to issue administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
- 3.0.1.6 Amending 22 TAC §107.300, to remove citation language from the rule and allow the Board to issue administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
- 3.0.1 Proposed Rules Re:
- 4 Texas Health and Human Services Commission
- 4.0.1 Proposed Rules Re:
- 4.0.1.1 Amending 26 TAC §§363.1, 363.3, 363.5, to update references to “HHSC” instead of terms such as “HHSC” and “department”; minor administrative edits; update references to “health care provider” instead of “provider of assistance”; and move the eligibility rules from §363.1(b) and (c) in the proposed amendment to §363.1.
- 4.0.1.2 Amending 26 TAC §363.53, §363.59, to clarify who qualifies as a county resident and updates references to “HHSC” from “DSHS.”
- 4.0.1.3 Amending 26 TAC §363.101, to update references to “HHSC” from “DSHS.”
- 4.0.2 Adopted Rules Re:
- 4.0.3 Transferred Rules Re:
- 4.0.3.1 Transferring the former DADS rules in Administrative Code, Title 40, Part 1, Chapter 48, Community Care for Aged and Disabled to Texas Administrative Code, Title 26, Part 1, Chapter 278, Adult Foster Care (AFC) Program.
- 4.0.3.2 Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 55, Contracting to Provide Home-Delivered Meals are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 281, Contracting to Provide Home-Delivered Meals.
- 4.0.4 Proposed Rule Reviews Re:
- 4.0.5 Adopted Rule Reviews Re:
- 4.0.6 In Addition Re:
- 4.0.1 Proposed Rules Re:
- 5 Texas State Board of Pharmacy
- 6 Texas Board of Veterinary Medical Examiners
- 7 Department of Aging and Disability Services
- 7.0.1 Transferred Rules Re:
- 7.0.1.1 Transferring former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 48, Community Care for Aged and Disabled to Texas Administrative Code, Title 26, Part 1, Chapter 278, Adult Foster Care (AFC) Program.
- 7.0.1.2 Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 55, Contracting to Provide Home-Delivered Meals to Texas Administrative Code, Title 26, Part 1, Chapter 281, Contracting to Provide Home-Delivered Meals.
- 7.0.2 Proposed Rule Reviews Re:
- 7.0.3 Adopted Rule Reviews Re:
- 7.0.1 Transferred Rules Re:
- 8 Texas Department of State Health Services
- 9 Texas Council for Developmental Disabilities:
Governor
Appointments Re:
Appointed to the Radiation Advisory Board for a term to expire April 16, 2025, Joseph W. “Joe” Markham of Keller, Texas.
Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, David M. Dutton, D.V.M. of Comfort, Texas.
Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Sockalingam “Sam” Kannappan of Houston, Texas.
Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, William J. “Will” Pate, DrPH of League City, Texas.
Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Suresh D. Pillai, Ph.D. of College Station, Texas.
Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Kevin L. Raabe of Floresville, Texas.
Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Sandra M. Ramirez of Houston, Texas.
Appointed to the Radiation Advisory Board for a term to expire April 16, 2029, Jeanette Ruiz, M.D. of Austin, Texas.
Office of the Attorney General
In Addition Re:
Texas Water Code and Texas Health and Safety Code Settlement Notice
OVERVIEW
The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Health and Safety Code and the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments, and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.
Case Title and Court: State of Texas v. Harris County, Texas and the State of Texas, a Necessary and Indispensable Party v. J&S Water Company, L.L.C; Cause No. 2019-89465, in the 53rd District Court, Harris County, Texas.
BACKGROUND AND JUSTIFICATION
Defendant J&S Water System Company, L.L.C. (“J&S”) owns and operates a wastewater treatment plant located approximately 350 feet northeast from the corner of Kodiac Street and Rayford Road in Five Oaks, Harris County, Texas. Harris County and the State, on behalf of the Texas Commission on Environmental Quality (“TCEQ”), filed a civil enforcement suit under the Texas Water Code against J&S for violations of the Texas Water Code and TCEQ rules.
State Board of Dental Examiners
Proposed Rules Re:
Amending 22 TAC §104.1, to give course instructors who offer continuing education through a provider listed in §104.2 two hours of continuing education credit for every one hour of instruction.
CHAPTER 104. CONTINUING EDUCATION
22 TAC §104.1
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §104.1, concerning continuing education requirements. The proposed amendment allows course instructors who offer continuing education through a provider listed in §104.2 of this title to receive 2 hours of continuing education credit for every 1 hour of instruction provided. This credit would apply per course, per renewal period.
Amending 22 TAC §107.3, to prohibit a licensing agency from disciplining or denying a license to an individual who has defaulted on a student loan.
CHAPTER 107. DENTAL BOARD PROCEDURES
SUBCHAPTER A. PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
22 TAC §107.3
OVERVIEW
The State Board of Dental Examiners (Board) proposes this repeal of 22 TAC §107.3, concerning the effects of student loan payment default on licensure. The proposed repeal implements Senate Bill 37 of the 86th Texas Legislature, Regular Session (2019). The bill prohibits a licensing agency from taking disciplinary action against a person who has defaulted on a student loan, or denying a license to that person based on a default of a student loan.
Amending 22 TAC §107.17, to update the cited SOAH rule from 1 TAC §155.103 to 1 TAC §155.105.
CHAPTER 107. DENTAL BOARD PROCEDURES
SUBCHAPTER A. PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
22 TAC §107.3
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §107.17, concerning service in non-rulemaking proceedings. The proposed amendment updates the cited SOAH rule from 1 TAC §155.103 to 1 TAC §155.105.
Amending 22 TAC §107.105, to remove citation language from the rule and allow the Board to issue administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
CHAPTER 107. DENTAL BOARD PROCEDURES
SUBCHAPTER B. COMPLAINTS AND INVESTIGATIONS
22 TAC §107.105
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §107.105, concerning collection of information and records. Because the Board no longer issues citations, the proposed amendment removes the citation language from the rule. Instead, the Board issues administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
Amending 22 TAC §107.106, to remove citation language from the rule and allow the Board to issue administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
CHAPTER 107. DENTAL BOARD PROCEDURES
SUBCHAPTER B. COMPLAINTS AND INVESTIGATIONS
22 TAC §107.106
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §107.106, concerning confidentiality of investigations. Because the Board no longer issues citations, the proposed amendment removes the citation language from the rule. Instead, the Board issues administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
Amending 22 TAC §107.300, to remove citation language from the rule and allow the Board to issue administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
CHAPTER 107. DENTAL BOARD PROCEDURES
SUBCHAPTER D. COMPLIANCE PROGRAM
22 TAC §107.300
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §107.300, concerning responsibilities of compliance division. Because the Board no longer issues citations, the proposed amendment removes the citation language from the rule. Instead, the Board issues administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 26 TAC §§363.1, 363.3, 363.5, to update references to “HHSC” instead of terms such as “HHSC” and “department”; minor administrative edits; update references to “health care provider” instead of “provider of assistance”; and move the eligibility rules from §363.1(b) and (c) in the proposed amendment to §363.1.
CHAPTER 363. COUNTY INDIGENT HEALTH CARE PROGRAM
SUBCHAPTER A. PROGRAM ADMINISTRATION
26 TAC §§363.1, 363.3, 363.5
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §363.1, concerning State Assistance Fund; §363.3, concerning Eligibility Dispute; §363.53, concerning Residence; §363.59, concerning Resources; and §363.101, concerning Basic and Optional Services; and new §363.5, concerning Eligibility of a County for State Assistance.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to comply with House Bill 4510, 88th Legislature, Regular Session, 2023, which authorizes HHSC to require a county to provide certain tax information for the purpose of determining eligibility for state assistance under the County Indigent Health Care Program (CIHCP). This proposal also makes updates to reflect the previous transfer of program administration from the Department of State Health Services (DSHS) to HHSC and other minor administrative edits to improve clarity throughout the chapter.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §363.1, State Assistance Fund, makes updates to refer to “HHSC” rather than “DSHS” and minor administrative edits to clarify rule language that may be confusing to stakeholders and the public.
The proposed amendment to §363.3, Eligibility Dispute, makes updates to refer to “HHSC” rather than “department” and the term “provider of assistance” to “health care provider.”
Proposed new §363.5, Eligibility of a County for State Assistance, includes new requirements and guidance for counties to report certain tax information to HHSC in order to be eligible to receive state assistance under CIHCP, as authorized by House Bill 4510. The proposed rule includes the eligibility rules being removed from §363.1(b) and (c) in the proposed amendment to §363.1. This is being done to organize the rules related to eligibility of a county for state assistance into one rule section.
Amending 26 TAC §363.53, §363.59, to clarify who qualifies as a county resident and updates references to “HHSC” from “DSHS.”
CHAPTER 363. COUNTY INDIGENT HEALTH CARE PROGRAM
SUBCHAPTER B. DETERMINING ELIGIBILITY
26 TAC §363.53, §363.59
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §363.1, concerning State Assistance Fund; §363.3, concerning Eligibility Dispute; §363.53, concerning Residence; §363.59, concerning Resources; and §363.101, concerning Basic and Optional Services; and new §363.5, concerning Eligibility of a County for State Assistance.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to comply with House Bill 4510, 88th Legislature, Regular Session, 2023, which authorizes HHSC to require a county to provide certain tax information for the purpose of determining eligibility for state assistance under the County Indigent Health Care Program (CIHCP). This proposal also makes updates to reflect the previous transfer of program administration from the Department of State Health Services (DSHS) to HHSC and other minor administrative edits to improve clarity throughout the chapter.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §363.53, Residence, clarifies language regarding who can be counted as a county resident with minor administrative edits to clarify language that may be confusing to stakeholders and the public.
The proposed amendment to §363.59, Resources, makes updates to refer to “HHSC” rather than “DSHS” and minor administrative edits to clarify rule language that may be confusing to stakeholders and the public.
Amending 26 TAC §363.101, to update references to “HHSC” from “DSHS.”
CHAPTER 363. COUNTY INDIGENT HEALTH CARE PROGRAM
SUBCHAPTER C. PROVIDING SERVICES
26 TAC §363.101
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §363.1, concerning State Assistance Fund; §363.3, concerning Eligibility Dispute; §363.53, concerning Residence; §363.59, concerning Resources; and §363.101, concerning Basic and Optional Services; and new §363.5, concerning Eligibility of a County for State Assistance.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to comply with House Bill 4510, 88th Legislature, Regular Session, 2023, which authorizes HHSC to require a county to provide certain tax information for the purpose of determining eligibility for state assistance under the County Indigent Health Care Program (CIHCP). This proposal also makes updates to reflect the previous transfer of program administration from the Department of State Health Services (DSHS) to HHSC and other minor administrative edits to improve clarity throughout the chapter.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §363.101, Basic and Optional Services, makes updates to refer to “HHSC” rather than “DSHS” and updates licensing language for Advanced Practice Registered Nurses, certified nurse practitioners, and certified midwives.
Adopted Rules Re:
Adopting 26 TAC §§307.251, 307.253, 307.255, 307.257, 307.259, 307.261, 307.263, 307.265, 307.267, to describe a BHPP liaison and establish which LMHA or LBHA employs a BHPP liaison.
CHAPTER 307. BEHAVIORAL HEALTH PROGRAMS
SUBCHAPTER F. BEHAVIORAL HEALTH PARTNERSHIP PROGRAM
26 TAC §§307.251, 307.253, 307.255, 307.257, 307.259, 307.261, 307.263, 307.265, 307.267
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new Subchapter F, Behavioral Health Partnership Program in Texas Administrative Code, Chapter 307. New Subchapter F comprises §307.251, concerning Purpose; §307.253, concerning Application; §307.255, concerning Definitions; §307.257, concerning Behavioral Health Partnership Program Liaison Qualifications; §307.259, concerning Local Mental Health Authority or Local Behavioral Health Authority Responsibilities; §307.261, concerning Determining which Local Mental Health Authority or Local Behavioral Health Authority Employs a Behavioral Health Partnership Program Liaison; §307.263, concerning Responsibilities of a Behavioral Health Partnership Program Liaison; §307.265, concerning Texas Health and Human Services Commission Waiver Process; §307.267, concerning Texas Health and Human Services Commission Notification.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to implement Senate Bill 26, 88th Legislature, Regular Session, 2023, which amends Texas Education Code §8.151 and §8.152 to establish a process for local mental health authorities (LMHAs) or local behavioral health authorities (LBHAs) to submit a waiver request to HHSC to hire a licensed master social worker or licensed professional counselor (LPC) associate in lieu of a non-physician mental health professional (NPMHP) if the LMHA is unable to hire a NPMHP in its designated regional education service center (ESC). The proposal establishes the behavioral health partnership program (BHPP) as the program name and “behavioral health partnership program liaison” as the position title that includes an NPMHP or a person hired under the waiver process.
Transferred Rules Re:
Transferring the former DADS rules in Administrative Code, Title 40, Part 1, Chapter 48, Community Care for Aged and Disabled to Texas Administrative Code, Title 26, Part 1, Chapter 278, Adult Foster Care (AFC) Program.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 48, Community Care for Aged and Disabled are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 278, Adult Foster Care (AFC) Program.
The rules will be transferred in the Texas Administrative Code effective June 28, 2024.
Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 55, Contracting to Provide Home-Delivered Meals are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 281, Contracting to Provide Home-Delivered Meals.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 55, Contracting to Provide Home-Delivered Meals are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 281, Contracting to Provide Home-Delivered Meals.
The rules will be transferred in the Texas Administrative Code effective June 28, 2024.
Proposed Rule Reviews Re:
Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Reimbursement Rates.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:
Chapter 355, Reimbursement Rates
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Behavioral Health Delivery System.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 306, Behavioral Health Delivery System
Adopted Rule Reviews Re:
Adopting the review of Title 1, Part 15, concerning Women’s Health Services.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):
Chapter 382, Women’s Health Services
Adopting the review of Title 26, Part 1, concerning the Consumer Managed Personal Attendant Services (CMPAS) Program.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 275, Consumer Managed Personal Attendant Services (CMPAS) Program
In Addition Re:
Public Notice – MDCP PIT/Factor C
The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Medically Dependent Children Program (MDCP). HHSC administers the MDCP waiver under the authority of Section 1915(c) of the Social Security Act. The proposed effective date for this amendment is August 31, 2024.
Public Notice – Texas State Plan Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0003 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to implement legislative changes as directed by House Bill 2727, 88th Legislature, Regular Session, 2023. The bill directs HHSC to add Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) as providers of home telemonitoring services; clarify that the term “home telemonitoring services” is synonymous with “remote patient monitoring;” and require home telemonitoring providers to establish a plan of care with outcome measures for each patient and to share the plan and outcome measures with the patient’s physician. The proposed amendment is effective September 1, 2024.
Texas State Board of Pharmacy
Adopted Rules Re:
Adopting 22 TAC §291.12, to specify the requirements for the delivery of prescription drugs to a patient or a patient’s agent.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.12
OVERVIEW
The Texas State Board of Pharmacy adopts new rule §291.12, concerning Delivery of Prescription Drugs. The new rule is adopted with changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1852). The rule will be republished.
The new rule specifies requirements for the delivery of prescription drugs to a patient or patient’s agent.
Adopting 22 TAC §291.131, to update preparation requirements for pharmacies compounding non-sterile preparations.
CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.131
OVERVIEW
The Texas State Board of Pharmacy adopts amendments to §291.131, concerning Pharmacies Compounding Non-Sterile Preparations. These amendments are adopted with changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1854). The rule will be republished.
The amendments update the personnel, environment, labeling, compounding process, quality assurance, and recordkeeping requirements for pharmacies compounding non-sterile preparations.
Texas Board of Veterinary Medical Examiners
Adopted Rules Re:
Adopting 22 TAC §573.83, to provide transparency to the public when receiving emergency veterinary care.
CHAPTER 573. RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER G. OTHER PROVISIONS
22 TAC §573.83
OVERVIEW
The Texas Commission of Licensing and Regulation (Commission), on behalf of the Texas Board of Veterinary Medical Examiners (TBVME), adopts a new rule at 22 Texas Administrative Code (TAC), Chapter 573, Subchapter G, §573.83, regarding the Rules of Professional Conduct, without changes to the proposed text as published in the April 12, 2024, issue of the Texas Register (49 TexReg 2242). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The rules under 22 TAC, Chapter 573, implement Texas Occupations Code, Chapter 801, Veterinarians.
The adopted rule adds §573.83 to Subchapter G, Other Provisions. The adopted rule is necessary to implement House Bill (HB) 4069, 88th Legislature, Regular Session (2023), which requires the adoption of rules for a veterinarian to disclose to an owner or caretaker of an ill or injured animal the description and estimated price of a proposed emergency treatment before providing the treatment.
The adopted rule ensures transparency for the public when receiving emergency veterinary care.
SECTION-BY-SECTION SUMMARY
The adopted rule adds §573.83, Price Transparency for Emergency Care. Subsection (a) defines “emergency care” for purposes of the section. Subsection (b) requires a veterinarian to disclose to the owner or caretaker of an animal that the animal requires emergency treatment. Subsection (c) enumerates the requirements of the disclosure required in subsection (b). Subsection (d) requires a veterinarian to update the disclosures if the animal’s medical condition changes. Lastly, subsection (e) states that the person presenting the animal for emergency treatment is presumed to be its owner or caretaker.
Department of Aging and Disability Services
Transferred Rules Re:
Transferring former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 48, Community Care for Aged and Disabled to Texas Administrative Code, Title 26, Part 1, Chapter 278, Adult Foster Care (AFC) Program.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 48, Community Care for Aged and Disabled are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 278, Adult Foster Care (AFC) Program.
The rules will be transferred in the Texas Administrative Code effective June 28, 2024.
Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 55, Contracting to Provide Home-Delivered Meals to Texas Administrative Code, Title 26, Part 1, Chapter 281, Contracting to Provide Home-Delivered Meals.
OVERVIEW
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 55, Contracting to Provide Home-Delivered Meals are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 281, Contracting to Provide Home-Delivered Meals.
The rules will be transferred in the Texas Administrative Code effective June 28, 2024.
Proposed Rule Reviews Re:
Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Quality Assurance Fees.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:
Chapter 11, Quality Assurance Fee
Adopted Rule Reviews Re:
Adopting the review of Title 40, Part 1, concerning the Consumer Directed Services Option.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 40, Part 1, of the Texas Administrative Code (TAC):
Chapter 41, Consumer Directed Services Option
Texas Department of State Health Services
Proposed Rule Reviews Re:
Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Miscellaneous Provisions.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:
Chapter 1, Miscellaneous Provisions
Adopted Rule Reviews Re:
Adopting the review of Title 25, Part 1, concerning Maternal and Infant Health Services.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):
Chapter 37, Maternal and Infant Health Services
In Addition Re:
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 4083.
Texas Council for Developmental Disabilities:
In Addition Re:
Request for Applications: Choice-Making Among Youth Age 0-14: A Foundation for a Self-Determined Life
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for activities to increase opportunities for children and parents to learn and practice choice making skills. Choice making serves to empower children with disabilities by fostering a sense of responsibility and autonomy, enhance children’s communication abilities, and can contribute to overall community safety such as reducing abuse and neglect. Children who were given more choice making in play activities resulted in more positive behavior outcomes. By promoting choice making in children at younger ages, they will likely be in a better position to make self-determined choices as an adult. Project activities must include a range of developmental strategies and tools to enhance positive choice making skills among children ages birth to age 14 of all abilities and communication levels. The selection of these age groups is intended to supplement the education and training currently offered to individuals over the age of 14. Projects should include strategies to educate and train individuals as well as parents and others in their support network.
TCDD has approved funding for one organization for up to five years. Funding is approved for up to $300,000 each year. Funds available for this project are provided to TCDD by the Administration for Community Living (ACL), U.S. Department of Health and Human Services, with 100% federal funding pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 25% of total project costs are required for projects. Non-federal matching funds at a reduced rate of 10% of the total project costs are required for project activities conducted in federally designated poverty areas.
Request for Applications: Self-Determined Health Care
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds to promote the strategies of self-determination in health care to assist in communication with providers and navigating the health care system. Self-determination among individuals with DD includes understanding your own needs, knowing what kind of support may help, and communicating those needs to others. Program components may include knowing your health care rights and finding support from peers. Products may include tools to assist individuals in articulating their health care preferences, and/or tools to help identify when a person with DD may need additional support in a health care system encounter.
TCDD has approved funding for one organization for up to five years. Funding is approved for up to $125,000 each year. Funds available for this project are provided to TCDD by the Administration for Community Living (ACL), U.S. Department of Health and Human Services, with 100% federal funding pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 25% of total project costs are required for projects. Non-federal matching funds at a reduced rate of 10% of the total project costs are required for project activities conducted in federally designated poverty areas.