Texas Register Table of Contents
- 1 Office of the Attorney General
- 2 Texas Health and Human Services Commission
- 2.0.1 Withdrawn Rules Re:
- 2.0.1.1 Withdrawing proposed amendment of 26 TAC §§553.3, 553.5, 553.7, 553.9, to provide guidance on evacuation capabilities and to give more specificity to resident requirements.
- 2.0.1.2 Withdrawing proposed amendment of 26 TAC §§553.17, 553.21, 553.23, 553.25, 553.27, 553.29, 553.31, 553.33, 553.37, 553.39, 553.45, 553.47, to provide clarity on licensing requirements for multi-building facilities.
- 2.0.1.3 Withdrawing proposed repeal of 26 TAC §553.43, to restructure the rule’s subparts and eliminate any duplicative language.
- 2.0.1.4 Withdrawing proposed amendment of 26 TAC §553.100, §553.101, to move definitions which are specific to facility construction to this section.
- 2.0.1.5 Withdrawing proposed amendment of 26 TAC §553.103, §553.104, to clarify that assisted living facilities may not permit accumulation of waste in attic spaces and to clarify what is considered an abrupt change in level.
- 2.0.1.6 Withdrawing proposed amendment of 26 TAC §553.107, to remove the requirement for an assisted living facility to notify HHSC prior to the start of building rehabilitation.
- 2.0.1.7 Withdrawing the proposed amendment of 26 TAC §§553.111 – 553.113, 553.115, to relocate requirements related to the preparation of food and operation of the kitchen.
- 2.0.1.8 Withdrawing the proposed amendment of 26 TAC §553.122, §553.125, to update citations and references and to relocate requirements related to the preparation of food and operation of the kitchen.
- 2.0.1.9 Withdrawing the proposed amendment of 26 TAC §§553.131, 553.132, 553.135, to correct and error and to relocate requirements related to the preparation of food and operation of the kitchen.
- 2.0.1.10 Withdrawing the proposed amendment of 26 TAC §553.142, to relocate requirements related to the preparation of food and operation of the kitchen.
- 2.0.1.11 Withdrawing the proposed amendment of 26 TAC §§553.211, 553.212, 553.215, to outline the requirements for electronic supervision of a fire sprinkler system in new Small Type A Assisted Living Facilities.
- 2.0.1.12 Withdrawing the proposed amendment of 26 TAC §553.222, §553.225, to relocate requirements related to the preparation of food and operation of the kitchen and to outline the requirements for electronic supervision of a fire sprinkler system for new Small Type B Assisted Living Facilities.
- 2.0.1.13 Withdrawing the proposed amendment of 26 TAC §§553.231, 553.232, 553.235, to to relocate requirements related to the preparation of food and operation of the kitchen and to outline the requirements for electronic supervision of a fire sprinkler system for new Large Type A Assisted Living Facilities.
- 2.0.1.14 Withdrawing the proposed amendment of 26 TAC §§553.241, 553.242, 553.245, 553.246, to relocate requirements related to the preparation of food and operation of the kitchen and to outline the fire protection system requirements for new Large Type B Assisted Living Facilities.
- 2.0.1.15 Withdrawing proposed new 26 TAC §553.250, to provide construction requirements for a Certified Alzheimer’s Assisted Living Facility.
- 2.0.1.16 Withdrawing proposed amendment of 26 TAC §§553.253, 553.255, 553.257, 553.259 and new 26 TAC §§ 553.261, 553.263, 553.265, 553.267, 553.269, 553.271, 553.273, 553.275, 553.277, 553.279, 553.281, 553.283, 553.285, 553.287, 553.289, 553.291 – 553.293, 553.295, to explain the types of staff required and provide information and requirements for reporting certain incidents to HHSC.
- 2.0.1.17 Withdrawing the proposed repeal of 26 TAC §§553.261, 553.263, 553.265, 553.267, 553.269, 553.271 – 553.273, 553.275, to allow for the relocation of the subsections.
- 2.0.1.18 Withdrawing proposed amendment of 26 TAC §§553.301, 553.303, 553.305, 553.307, 553.309, to restructure and clarify the rule.
- 2.0.1.19 Withdrawing the proposed repeal of 26 TAC §553.311, to allow the rule to be relocated.
- 2.0.1.20 Withdrawing proposed amendment of 26 TAC §§553.327, 553.328, 553.331, to provide that HHSC may inspect an assisted living facility approximately once every two years after initial inspection.
- 2.0.1.21 Withdrawing the proposed repeal of 26 TAC §553.351, §553.353, to make room for a new enforcement provision.
- 2.0.1.22 Withdrawing proposed new 26 TAC §553.351, to provide general information about enforcement such as when HHSC may take enforcement action.
- 2.0.1.23 Withdrawing proposed repeal of 26 TAC §§553.401, 553.403, 553.405, 553.407, 553.409, 553.411, 553.413, 553.415, 553.417, 553.419, 553.421, 553.423, 553.425, 553.427, 553.429, 553.431, 553.433, 553.435, 553.437, 553.439, to make room for replacement rules.
- 2.0.1.24 Withdrawing proposed new 26 TAC §553.401, to explain the suspension actions which may be taken against a license.
- 2.0.1.25 Withdrawing the proposed repeal of 26 TAC §§553.451, 553.453, 553.455, 553.457, 553.459, 553.461, 553.463, 553.465, 553.467, 553.469, 553.471, 553.473, 553.475, 553.477, 553.479, 553.481, 553.483, to make room for new rules.
- 2.0.1.26 Withdrawing proposed new 26 TAC §553.451, to outline revocation actions against a license.
- 2.0.1.27 Withdrawing proposed repeal of 26 TAC §553.501, §553.503, to remove the existing sections.
- 2.0.1.28 Withdrawing proposed new 26 TAC §553.501, to describe when HHSC would refer a facility to the Office of the Attorney General or a local prosecuting authority for a temporary restraining order or an injunction.
- 2.0.1.29 Withdrawing proposed repeal of 26 TAC §§553.551, 553.553, 553.555, 553.557, 553.559, 553.561, 553.563, 553.565, 553.567, 553.569, 553.571, 553.573, 553.575, 553.577, 553.579, 553.581, 553.583, 553.585, 553.587, 553.589, 553.591, 553.593, 553.595, 553.597, to remove these sections which pertain to license suspension and orders for an immediate closing.
- 2.0.1.30 Withdrawing proposed new 26 TAC §§553.551, to outline when HHSC may suspend a license or order an immediate closing of all or part of a facility.
- 2.0.1.31 Withdrawing proposed repeal of 26 TAC §553.601, §553.603, to make room for the proposed rule concerning when HHSC may refer a facility to the Office of the Attorney General for assessment of civil penalties.
- 2.0.1.32 Withdrawing proposed new 26 TAC §553.601, to clarify when HHSC may refer a facility to the Office of the Attorney General for assessment of civil penalties.
- 2.0.1.33 Withdrawing proposed repeal of 26 TAC §§553.651, 553.653, 553.655, 553.657, 553.659, 553.661, to remove these rules so they may be replaced with a new rule concerning when HHSC may petition a court for the involuntary appointment of a trustee to operate a facility.
- 2.0.1.34 Withdrawing proposed new 26 TAC §§553.651, to outline when HHSC may petition a court for the appointment of a trustee to operate a facility.
- 2.0.1.35 Withdrawing proposed repeal of 26 TAC §§553.701, 553.703, 553.705, 553.707, 553.709, 553.711, to make room for a new rule concerning requests by facilities for the appointment of a trustee.
- 2.0.1.36 Withdrawing proposed new 26 TAC §553.701, to describe when a facility may request the appointment of a trustee.
- 2.0.1.37 Withdrawing proposed amendment to 26 TAC §553.751, to outline when HHSC ay assess an administrative penalty for a license holder.
- 2.0.2 Proposed Rule Reviews Re:
- 2.0.2.1 Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Medicaid Estate Recovery Program.
- 2.0.2.2 Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning the Primary Health Care Services Program.
- 2.0.2.3 Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter regarding Continuity of Services–State Facilities.
- 2.0.3 Adopted Rule Reviews Re:
- 2.0.1 Withdrawn Rules Re:
- 3 Texas Optometry Board
- 3.0.1 Proposed Rule Reviews Re:
- 3.0.1.1 Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter concerning examinations.
- 3.0.1.2 Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter regarding administration.
- 3.0.1.3 Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter concerning general rules.
- 3.0.1.4 Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter concerning continuing education.
- 3.0.1 Proposed Rule Reviews Re:
- 4 Texas Department of Aging and Disability Services
- 4.0.1 Proposed Rule Reviews Re:
- 4.0.1.1 Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter regarding Responsibilities of State Facilities.
- 4.0.1.2 Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Provider Clinical Responsibilities–Intellectual Disability Services.
- 4.0.1 Proposed Rule Reviews Re:
- 5 Texas Board of Dental Examiners
- 6 Texas State Board of Pharmacy
- 7 Texas Department of State Health Services
Office of the Attorney General
Opinions Re:
Whether Johnson County Emergency Services District No. 1 may operate a county-wide ambulance service
OVERVIEW
Section 775.026 of the Health and Safety Code provides that each rural fire prevention district created under former chapter 794 of that Code is converted to an emergency services district operating under chapter 775. Emergency services districts operating under chapter 775 of the Health and Safety Code generally have authority to provide ambulance service. Thus, a court would likely conclude that an emergency services district, even one that was converted from a rural fire prevention district like the Johnson County Emergency Services District No. 1, may generally provide ambulance service because the statutory text says it can.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202400710
Justin Gordon
General Counsel
Office of the Attorney General
Texas Health and Human Services Commission
Withdrawn Rules Re:
Withdrawing proposed amendment of 26 TAC §§553.3, 553.5, 553.7, 553.9, to provide guidance on evacuation capabilities and to give more specificity to resident requirements.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER A. INTRODUCTION
26 TAC §§553.3, 553.5, 553.7, 553.9
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.3, 553.5, 553.7, and 553.9 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment of 26 TAC §§553.17, 553.21, 553.23, 553.25, 553.27, 553.29, 553.31, 553.33, 553.37, 553.39, 553.45, 553.47, to provide clarity on licensing requirements for multi-building facilities.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER B. LICENSING
26 TAC §§553.17, 553.21, 553.23, 553.25, 553.27, 553.29, 553.31, 553.33, 553.37, 553.39, 553.45, 553.47
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.17, 553.21, 553.23, 553.25, 553.27, 553.29, 553.31, 553.33, 553.37, 553.39 and 553.47 and proposed new §553.45 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed repeal of 26 TAC §553.43, to restructure the rule’s subparts and eliminate any duplicative language.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER B. LICENSING
26 TAC §553.43
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §553.43 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment of 26 TAC §553.100, §553.101, to move definitions which are specific to facility construction to this section.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §553.100, §553.101
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §553.100 and §553.101, which appeared in the December 22, 2024, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment of 26 TAC §553.103, §553.104, to clarify that assisted living facilities may not permit accumulation of waste in attic spaces and to clarify what is considered an abrupt change in level.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §553.103, §553.104
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §553.103 and §553.104 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment of 26 TAC §553.107, to remove the requirement for an assisted living facility to notify HHSC prior to the start of building rehabilitation.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §553.107
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §553.107, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §§553.111 – 553.113, 553.115
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.111 – 553.113, and 553.115 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §553.122, §553.125
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §553.122 and §553.125, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §§553.131, 553.132, 553.135
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.131, 553.132, and 553.135, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §553.142
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §553.142, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing the proposed amendment of 26 TAC §§553.211, 553.212, 553.215, to outline the requirements for electronic supervision of a fire sprinkler system in new Small Type A Assisted Living Facilities.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §§553.211, 553.212, 553.215
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.211, 553.212, and 553.215, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §553.222, §553.225
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §553.222 and §553.225, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §§553.231, 553.232, 553.235
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.231, 553.232, and 553.235, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §§553.241, 553.242, 553.245, 553.246
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.241, 553.242, 553.245, and 553.246 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §553.250, to provide construction requirements for a Certified Alzheimer’s Assisted Living Facility.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER D. FACILITY CONSTRUCTION
26 TAC §553.250
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.250, which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment of 26 TAC §§553.253, 553.255, 553.257, 553.259 and new 26 TAC §§ 553.261, 553.263, 553.265, 553.267, 553.269, 553.271, 553.273, 553.275, 553.277, 553.279, 553.281, 553.283, 553.285, 553.287, 553.289, 553.291 – 553.293, 553.295, to explain the types of staff required and provide information and requirements for reporting certain incidents to HHSC.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER E. STANDARDS FOR LICENSURE
26 TAC §§553.253, 553.255, 553.257, 553.259, 553.261, 553.263, 553.265, 553.267, 553.269, 553.271, 553.273, 553.275, 553.277, 553.279, 553.281, 553.283, 553.285, 553.287, 553.289, 553.291 – 553.293, 553.295
OVERVIEW
The Health and Human Services Commission withdraws proposed amended and new §§553.253, 553.255, 553.257, 553.259, 553.261, 553.263, 553.265, 553.267, 553.269, 553.271, 553.273, 553.275, 553.277, 553.279, 553.281, 553.283, 553.285, 553.287, 553.289, 553.291 – 553.293, and 553.295 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing the proposed repeal of 26 TAC §§553.261, 553.263, 553.265, 553.267, 553.269, 553.271 – 553.273, 553.275, to allow for the relocation of the subsections.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER E. STANDARDS FOR LICENSURE
26 TAC §§553.261, 553.263, 553.265, 553.267, 553.269, 553.271, 553.272, 553.273, 553.275
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §§553.261, 553.263, 553.265, 553.267, 553.269, 553.271, 553.272, 553.273 and 553.275 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment of 26 TAC §§553.301, 553.303, 553.305, 553.307, 553.309, to restructure and clarify the rule.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER F. ADDITIONAL LICENSING STANDARDS FOR CERTIFIED ALZHEIMER’S ASSISTED LIVING FACILITIES
26 TAC §§553.301, 553.303, 553.305, 553.307, 553.309
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.301, 553.303, 553.305, 553.307, and 553.309 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing the proposed repeal of 26 TAC §553.311, to allow the rule to be relocated.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER F. ADDITIONAL LICENSING STANDARDS FOR CERTIFIED ALZHEIMER’S ASSISTED LIVING FACILITIES
26 TAC §553.311
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §553.311 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment of 26 TAC §§553.327, 553.328, 553.331, to provide that HHSC may inspect an assisted living facility approximately once every two years after initial inspection.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER G. INSPECTIONS, INVESTIGATIONS, AND INFORMAL DISPUTE RESOLUTION
26 TAC §§553.327, 553.328, 553.331
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §§553.327, 553.328, and 553.331 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing the proposed repeal of 26 TAC §553.351, §553.353, to make room for a new enforcement provision.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.351, §553.353
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §553.351 and §553.353 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §553.351, to provide general information about enforcement such as when HHSC may take enforcement action.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.351
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.351 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed repeal of 26 TAC §§553.401, 553.403, 553.405, 553.407, 553.409, 553.411, 553.413, 553.415, 553.417, 553.419, 553.421, 553.423, 553.425, 553.427, 553.429, 553.431, 553.433, 553.435, 553.437, 553.439, to make room for replacement rules.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §§553.401, 553.403, 553.405, 553.407, 553.409, 553.411, 553.413, 553.415, 553.417, 553.419, 553.421, 553.423, 553.425, 553.427, 553.429, 553.431, 553.433, 553.435, 553.437, 553.439
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §§553.401, 553.403, 553.405, 553.407, 553.409, 553.411, 553.413, 553.415, 553.417, 553.419, 553.421, 553.423, 553.425, 553.427, 553.429, 553.431, 553.433, 553.435, 553.437, and 553.439 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §553.401, to explain the suspension actions which may be taken against a license.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.401
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.401 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing the proposed repeal of 26 TAC §§553.451, 553.453, 553.455, 553.457, 553.459, 553.461, 553.463, 553.465, 553.467, 553.469, 553.471, 553.473, 553.475, 553.477, 553.479, 553.481, 553.483, to make room for new rules.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §§553.451, 553.453, 553.455, 553.457, 553.459, 553.461, 553.463, 553.465, 553.467, 553.469, 553.471, 553.473, 553.475, 553.477, 553.479, 553.481, 553.483
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §§553.451, 553.453, 553.455. 553.457, 553.459, 553.461, 553.463, 553.465, 553.467, 553.469, 553.471, 553.473, 553.475, 553.477, 553.479, 553.481, and 553.483 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §553.451, to outline revocation actions against a license.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.451
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.451 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed repeal of 26 TAC §553.501, §553.503, to remove the existing sections.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.501, §553.503
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §553.501 and § 553.503 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.501
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.501 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed repeal of 26 TAC §§553.551, 553.553, 553.555, 553.557, 553.559, 553.561, 553.563, 553.565, 553.567, 553.569, 553.571, 553.573, 553.575, 553.577, 553.579, 553.581, 553.583, 553.585, 553.587, 553.589, 553.591, 553.593, 553.595, 553.597, to remove these sections which pertain to license suspension and orders for an immediate closing.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §§553.551, 553.553, 553.555, 553.557, 553.559, 553.561, 553.563, 553.565, 553.567, 553.569, 553.571, 553.573, 553.575, 553.577, 553.579, 553.581, 553.583, 553.585, 553.587, 553.589, 553.591, 553.593, 553.595, 553.597
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §§553.551, 553.553, 553.555, 553.557, 553.559, 553.561, 553.563, 553.565, 553.567, 553.569, 553.571, 553.573, 553.575, 553.577, 553.579, 553.581, 553.583, 553.585, 553.587, 553.589, 553.591, 553.593, 553.595, and 553.597 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §§553.551, to outline when HHSC may suspend a license or order an immediate closing of all or part of a facility.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.551
OVERVIEW
The Health and Human Services Commission withdraws proposed new section §553.551 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7857).
Withdrawing proposed repeal of 26 TAC §553.601, §553.603, to make room for the proposed rule concerning when HHSC may refer a facility to the Office of the Attorney General for assessment of civil penalties.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.601, §553.603
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §553.601 and §553.603 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §553.601, to clarify when HHSC may refer a facility to the Office of the Attorney General for assessment of civil penalties.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.601
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.601 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg7759).
Withdrawing proposed repeal of 26 TAC §§553.651, 553.653, 553.655, 553.657, 553.659, 553.661, to remove these rules so they may be replaced with a new rule concerning when HHSC may petition a court for the involuntary appointment of a trustee to operate a facility.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §§553.651, 553.653, 553.655, 553.657, 553.659, 553.661
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §§553.651, 553.653, 553.655, 553.657, 553.659, and 553.661 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §§553.651, to outline when HHSC may petition a court for the appointment of a trustee to operate a facility.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.651
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.651 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed repeal of 26 TAC §§553.701, 553.703, 553.705, 553.707, 553.709, 553.711, to make room for a new rule concerning requests by facilities for the appointment of a trustee.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §§553.701, 553.703, 553.705, 553.707, 553.709, 553.711
OVERVIEW
The Health and Human Services Commission withdraws the proposed repeal of §§553.701, 553.703, 553.705, 553.707, 553.709, and 553.711 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed new 26 TAC §553.701, to describe when a facility may request the appointment of a trustee.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.701
OVERVIEW
The Health and Human Services Commission withdraws proposed new §553.701 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Withdrawing proposed amendment to 26 TAC §553.751, to outline when HHSC ay assess an administrative penalty for a license holder.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER H. ENFORCEMENT
26 TAC §553.751
OVERVIEW
The Health and Human Services Commission withdraws proposed amended §553.751 which appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7759).
Proposed Rule Reviews Re:
Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Medicaid Estate Recovery Program.
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 373, Medicaid Estate Recovery Program
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning the Primary Health Care Services Program.
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 364, Primary Health Care Services Program
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter regarding Continuity of Services–State Facilities.
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 904, Continuity of Services–State Facilities
Adopted Rule Reviews Re:
Adopting the review of Title 1, Part 15, concerning Refugee Social 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 376, Refugee Social Services
Texas Optometry Board
Proposed Rule Reviews Re:
Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter concerning examinations.
The Texas Optometry Board (Board) proposes to review and consider for readoption, revision, or repeal 22 Texas Administrative Code Part 14 – Chapter 271 Examinations, in its entirety.
Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter regarding administration.
The Texas Optometry Board (Board) proposes to review and consider for readoption, revision, or repeal 22 Texas Administrative Code Part 14 – Chapter 272 Administration, in its entirety.
Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter concerning general rules.
The Texas Optometry Board (Board) proposes to review and consider for readoption, revision, or repeal 22 Texas Administrative Code Part 14 – Chapter 273 General Rules, in its entirety.
Reviewing Title 22, Part 14, to consider for readoption, revision, or repeal the chapter concerning continuing education.
The Texas Optometry Board (Board) proposes to review and consider for readoption, revision, or repeal 22 Texas Administrative Code Part 14 – Chapter 275 Continuing Education, in its entirety.
Texas Department of Aging and Disability Services
Proposed Rule Reviews Re:
Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter regarding Responsibilities of State Facilities.
The Texas Health and Human Services Commission (HHSC), on behalf of Texas Department of Aging and Disability Services (DADS), 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 3, Responsibilities of State Facilities
Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Provider Clinical Responsibilities–Intellectual Disability Services.
The Texas Health and Human Services Commission (HHSC), on behalf of Texas Department of Aging and Disability Services (DADS), 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 5, Provider Clinical Responsibilities–Intellectual Disability Services
Texas Board of Dental Examiners
Adopted Rule Reviews Re:
Adopting the review of Title 22, Part 5, concerning dental hygiene licensure and dental licensure.
The Texas State Board of Dental Examiners (Board) filed a Notice of Intent to Review to consider for readoption, revision, or repeal the rule chapters listed below, in their entirety, under Title 22, Part 5, of the Texas Administrative Code (TAC). This review was conducted in accordance with Texas Government Code §2001.039.
Texas State Board of Pharmacy
Adopted Rule Reviews Re:
Adopting the review of Title 22, Part 15, regarding licensing requirements for pharmacists.
The Texas State Board of Pharmacy adopts the review of Chapter 283, (§§283.1 – 283.12), concerning Licensing Requirements for Pharmacists, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed rule review was published in the December 15, 2023, issue of the Texas Register (48 TexReg 7619).
Adopting the review of Title 22, Part 15, concerning pharmacies.
The Texas State Board of Pharmacy adopts the review of Chapter 291, Subchapter B (§§291.31 – 291.36), concerning Pharmacies (Community Pharmacy (Class A)), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed rule review was published in the December 15, 2023, issue of the Texas Register (48 TexReg 7619).
Adopting the review of Title 22, Part 15, regarding controlled substances.
The Texas State Board of Pharmacy adopts the review of Chapter 315, (§§315.1 – 315.16), concerning Controlled Substances, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed rule review was published in the December 15, 2023, issue of the Texas Register (48 TexReg 7619).
Texas Department of State Health Services
Adopted Rule Reviews Re:
Adopting the review of Title 25, Part 1, concerning laboratories.
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):
Chapter 73, Laboratories
Adopting the review of Title 25, Part 1, concerning training and certification of promotores or community health workers.
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State of Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):
Chapter 146, Training and Certification of Promotores or Community Health Workers
Adopting the review of Title 26, Part 1, regarding guardianship services.
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 361, Guardianship Services
In Addition Re:
Public Hearing to Receive Comments on Proposed EMS-Trauma Rules
March 8, 2024
1:00 p.m.
Public Hearing Site:
Texas Department of State Health Services
Robert Bernstein Building
First Floor, Room K-100
1100 West 49th Street
Austin, Texas 78756
This public hearing will be webcast. Members of the public may attend the public hearing in person at the address above or access a live stream of the public hearing at https://texashhsmeetings.org/HHSWebcast. Select the tab for the Bernstein K-100 Live on the date and time for this public hearing. Please email Webcasting@hhsc.state.tx.us if you have any problems with the webcasting function.
Public Hearing. The Department of State Health Services (DSHS) will conduct a hybrid public hearing, at the date, time, and location stated above. The public hearing will be conducted from 1:00 p.m. to 4:00 p.m. If the time allotted does not accommodate all the persons who registered by 2:00 p.m., DSHS will extend the public hearing to accommodate those registrants. However, that extension will only be until 5:00 p.m. on March 8, 2024. The public hearing will be conducted to receive public comment concerning the EMS-Trauma rules proposed by DSHS, Title 25, Texas Administrative Code Chapter 157, as related to Senate Bill (S.B.) 330, 79th Legislature, Regular Session, 2005, House Bill (H.B.) 15, 83rd Legislature, Regular Session, 2013, H.B. 3433, 84th Legislature, Regular Session, 2015, S.B. 984, 87th Legislature, Regular Session, 2021, S.B. 969, 87th Legislature, Regular Session, 2021, and S.B. 1397, 87th Legislature, Regular Session, 2021. DSHS proposes amendments to Title 25, Texas Administrative Code, §157.2 concerning Definitions and §157.128 concerning Denial, Suspension, and Revocation of Trauma Facility Designation. DSHS also proposes the repeal of §157.123 concerning Regional Emergency Medical Services/Trauma Systems; §157.125 concerning Requirements for Trauma Facility Designation; §157.130 concerning Emergency Medical Services and Trauma Care System Account and Emergency Medical Services, Trauma Facilities, and Trauma Care System Fund; and §157.131 concerning Designated Trauma Facility and Emergency Medical Services Account. DSHS further proposes new §157.123 concerning Regional Advisory Councils; §157.125 concerning Requirements for Trauma Facility Designation; and §157.130 concerning Funds for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems, and the Designated Trauma Facility and Emergency Services Account. The proposed rules were published in the January 19, 2024, issue of the Texas Register (49 TexReg199).