Texas Register Table of Contents
- 1 Governor
- 1.0.1 Appointments Re:
- 1.0.1.1 Designating Lee A. Hampton, Jr. of Bellaire as presiding officer of the Texas State Board of Marriage and Family Therapists for a term to expire at the pleasure of the Governor.
- 1.0.1.2 Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029, Shane M. Bailey, M.D.
- 1.0.1.3 Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029, Jennifer L. “Jen” Wegenhoft.
- 1.0.1.4 Appointed to the Podiatric Medical Examiners Advisory Board of a term to expire February 1, 2031, Jose L. Ayala, D.P.M.
- 1.0.1.5 Appointed to the Podiatric Medical Examiners Advisory Board of a term to expire February 1, 2031, Joe E. Martin, Jr., D.P.M.
- 1.0.1.6 Appointed to the Podiatric Medical Examiners Advisory Board of a term to expire February 1, 2031, Rahul B. Patel.
- 1.0.1 Appointments Re:
- 2 Texas State Board of Pharmacy
- 3 Texas Health and Human Services Commission
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 26 TAC §§561.1 – 561.9, to implement SB 1849 (88th Legislature) and HB 3560 (89th Legislature) by consolidating and updating the Employee Misconduct Registry rules, including expanding the definition of “facility,” incorporating the new Search Engine for Multi-Agency Reportable Conduct (SEMARC), adding criteria for removal from the registry, and clarifying investigation and due process procedures.
- 3.0.1.2 Proposing the repeal of 26 TAC §§711.1401 – 711.1404, 711.1406 – 711.1408, 711.1413 – 711.1415, 711.1417, 711.1419, 711.1421, 711.1423, 711.1425 – 711.1427, 711.1429, 711.1431, 711.1432, 711.1434, to remove duplicate Employee Misconduct Registry rules from Chapter 711, Subchapter L, as the relevant information is being consolidated into 26 TAC Chapter 561.
- 3.0.1.3 Amending 26 TAC §745.115, to implement HB 4529 and HB 3597 (89th Legislature) by adding regulatory exemptions for child-care facilities on federal military bases and military family child-care providers.
- 3.0.1.4 Amending §749.273, to amend the title and update the population threshold triggering public hearing requirements for general residential operations from 300,000 to 500,000, remove duplicative information, and improve clarity.
- 3.0.2 Proposed Rule Reviews Re:
- 3.0.1 Proposed Rules Re:
- 4 Texas Board of Occupational Therapy Examiners
- 5 Texas Department of State Health Services
Governor
Appointments Re:
Designating Lee A. Hampton, Jr. of Bellaire as presiding officer of the Texas State Board of Marriage and Family Therapists for a term to expire at the pleasure of the Governor.
Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029, Shane M. Bailey, M.D.
Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029, Jennifer L. “Jen” Wegenhoft.
Appointed to the Podiatric Medical Examiners Advisory Board of a term to expire February 1, 2031, Jose L. Ayala, D.P.M.
Appointed to the Podiatric Medical Examiners Advisory Board of a term to expire February 1, 2031, Joe E. Martin, Jr., D.P.M.
Appointed to the Podiatric Medical Examiners Advisory Board of a term to expire February 1, 2031, Rahul B. Patel.
Texas State Board of Pharmacy
Proposed Rules Re:
Proposing new 22 TAC §291.13, to establish documentation and retention requirements for a patient’s consent to treatment, data collection, and data sharing for telehealth services provided by a pharmacist, in accordance with House Bill 1700.
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.13
OVERVIEW
The Texas State Board of Pharmacy proposes new rule §291.13, concerning Telehealth Services Provided by a Pharmacist. The new rule, if adopted, establishes the documentation and retention requirements regarding a patient’s consent to treatment, data collection, and data sharing for telehealth services provided by a pharmacist, in accordance with House Bill 1700.
SECTION-BY-SECTION SUMMARY
The proposed new §291.13 establishes that the requirements apply to telehealth services regardless of whether the patient interaction occurs in a video or audio-only format. A pharmacist who provides a telehealth service must obtain the patient’s informed consent — either written or verbal — before the service is provided. The consent must cover treatment, data collection, and data sharing, and must be documented by recording the pharmacist’s initials or identification code in the pharmacy’s data processing system, an electronic logbook, or a hard-copy log. Documentation must be retained for at least two years and made available for inspection by the board or authorized law enforcement agencies, and must be provided within 72 hours upon request by an authorized board agent.
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 26 TAC §§561.1 – 561.9, to implement SB 1849 (88th Legislature) and HB 3560 (89th Legislature) by consolidating and updating the Employee Misconduct Registry rules, including expanding the definition of “facility,” incorporating the new Search Engine for Multi-Agency Reportable Conduct (SEMARC), adding criteria for removal from the registry, and clarifying investigation and due process procedures.
CHAPTER 561. EMPLOYEE MISCONDUCT REGISTRY
26 TAC §§561.1 – 561.9
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §561.1, concerning Purpose; §561.2, concerning Definitions; §561.3, concerning Employment and Registry Information; §561.4, concerning Investigations; §561.5, concerning Preliminary Results of Investigation and Notice to Employee; §561.6, concerning Informal Review; §561.7, concerning Reportable Conduct Finding and Notice and Opportunity for Administrative Hearing; §561.8, concerning Entering Information in the EMR; and §561.9, concerning Removing Information from the EMR.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023 and House Bill (HB) 3560, 89th Legislature, Regular Session, 2025.
SB 1849 amended Texas Health and Safety Code §253.010, which allows HHSC to amend rules related to the Employee Misconduct Registry (EMR) to establish criteria for a person to submit a request to be removed from the EMR and establish a process to determine whether a person meets the requirements for inclusion in the EMR.
SB 1849 also created new Texas Health and Safety Code (HSC) Chapter 810, Interagency Reportable Conduct Search Engine, known as Search Engine for Multi-Agency Reportable Conduct (SEMARC), which requires HHSC to amend rules to incorporate information and requirements established by new Chapter 810 relating to: (1) definitions; (2) designation of employees and contractors who are eligible to access the search engine; (3) designation of additional users who are eligible to access the search engine; (4) clarifying that an individual in the search engine is not entitled to notice or a hearing before the information is shared with another state agency or a designated user; (5) conducting initial and periodic searches to determine whether an individual who may have access to a client has engaged in reportable conduct; (6) providing notice and a due process hearing to an individual if HHSC denies, revokes, or suspends a contract or license based on that individual’s reportable conduct; and (7) requiring that information contained in the search engine results and information shared with other agencies is confidential.
HB 3560 amended the definition of “facility” in HSC §253.001(4) to include facilities licensed under HSC Chapter 577, Private Mental Hospitals and Other Mental Health Facilities.
The proposal improves access to the rules related to the Employee Misconduct Registry by consolidating them into one chapter in the Texas Administrative Code and updates rules to improve readability and understanding.
SECTION-BY-SECTION SUMMARY
Non-substantive edits were made throughout the rule text to use language that is easier for the public to understand.
The proposed amendment to §561.1, Purpose, adds a reference to Texas Human Resources Code Chapter 48, Subchapter I and revises language to HHSC “finding of reportable conduct.”
The proposed amendment to §561.2, Definitions, adds definitions for terms used in the chapter and amends definitions to clarify language and information. The proposed amendment updates the definition of “facility” to align with statute.
The proposed amendment to §561.3, Employment and Registry Information, adds a reference to the Search Engine for Multi-Agency Reportable Conduct established under HSC Chapter 810 and simplifies rule language.
The proposed amendment to §561.4, Investigations, simplifies rule language.
The proposed amendment to §561.5, Preliminary Results of Investigation and Notice to Employee, removes “Preliminary” from the rule title and adds clarifying language related to the HHSC process for notifying an employee found to have engaged in reportable conduct.
The proposed amendment to §561.6, Informal Review, simplifies rule language and adds that HHSC may perform a desk review if an employee found to have engaged in reportable conduct does not request an informal review on time or does not participate in a requested informal review.
The proposed amendment to §561.7, Reportable Conduct Finding and Notice and Opportunity for Administrative Hearing, simplifies rule language and adds information related to HHSC’s right to release information in emergency situations.
The proposed amendment to §561.8, Entering Information in the EMR, simplifies rule language, removes references that specify notices of reportable conduct are received from the Texas Department of Family and Protective Services, and clarifies language related to information entered in the Employee Misconduct Registry.
The proposed amendment to §561.9, Removing Information from the EMR, changes the title of the rule to “Removal from Employee Misconduct Registry,” adds information about employee requests to remove information from the EMR, what HHSC may consider when deciding whether to take an employee off the EMR, and removes a reference that specifies notices of reportable conduct are received from the Texas Department of Family and Protective Services.
Proposing the repeal of 26 TAC §§711.1401 – 711.1404, 711.1406 – 711.1408, 711.1413 – 711.1415, 711.1417, 711.1419, 711.1421, 711.1423, 711.1425 – 711.1427, 711.1429, 711.1431, 711.1432, 711.1434, to remove duplicate Employee Misconduct Registry rules from Chapter 711, Subchapter L, as the relevant information is being consolidated into 26 TAC Chapter 561.
CHAPTER 711. INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
SUBCHAPTER L. EMPLOYEE MISCONDUCT REGISTRY
26 TAC §§711.1401 – 711.1404, 711.1406 – 711.1408, 711.1413 – 711.1415, 711.1417, 711.1419, 711.1421, 711.1423, 711.1425 – 711.1427, 711.1429, 711.1431, 711.1432, 711.1434
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§711.1401 – 711.1404; 711.1406 – 711.1408; 711.1413 – 711.1415; 711.1417; 711.1419; 711.1421; 711.1423; 711.1425 – 711.1427; 711.1429; 711.1431; 711.1432; and 711.1434, concerning Employee Misconduct Registry.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to remove duplicate rules from the Texas Administrative Code and consolidate them into one chapter relating to the Employee Misconduct Registry in 26 TAC 561. The relevant information in these rules are incorporated into the rules in Chapter 561 with updates for clarification and to align with statute. The amendments to Chapter 561 are proposed elsewhere in this issue of the Texas Register.
SECTION-BY-SECTION SUMMARY
The proposed repeal of rules in 26 TAC Chapter 711, Subchapter L, Employee Misconduct Registry, deletes the rules as no longer necessary because the information in this subchapter is being revised and added to 26 TAC Chapter 561.
Amending 26 TAC §745.115, to implement HB 4529 and HB 3597 (89th Legislature) by adding regulatory exemptions for child-care facilities on federal military bases and military family child-care providers.
CHAPTER 745. LICENSING
SUBCHAPTER C. OPERATIONS THAT ARE EXEMPT FROM REGULATION
26 TAC §745.115
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §745.115, concerning What programs regulated by other governmental entities are exempt from Licensing regulation; and §745.273, concerning Which residential child-care operations must meet the public notice and hearing requirements.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (HB) 4529 and HB 3597, 89th Legislature, Regular Session, 2025.
HB 4529 amended Texas Human Resources Code (HRC) §42.041(b) to add exemptions to regulation by HHSC Child Care Regulation (CCR) for the following entities that are regulated by the United States Department of Defense: (1) a child-care facility located on a federal military base or other federal property; and (2) a military family child-care provider.
HB 3597 amended HRC §42.0461(a), which requires certain residential child-care facilities to hold a public hearing before receiving a license or certificate or expanding capacity if the residential child-care facilities are located in a county with a population of less than 500,000. Previously, the statutory language set the population threshold for public hearings at 300,000.
CCR is proposing amendments to (1) add a regulatory exemption for a child-care facility located on a federal military base or other federal property that has a certificate required by HRC §42.041(b)(26); (2) add a regulatory exemption for a child-care home operated by a military family child-care provider that has a certificate required by HRC §42.041(b)(27); and (3) update the population threshold triggering the public hearing requirement for a general residential operation (GRO) from 300,000 to 500,000.
The purpose of this proposal is also to remove duplicative content and improve the readability and understanding of the rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §745.115 (1) amends the rule title; (2) deletes the rule’s figure because the figure’s content has been updated and added to the body of the rule; (3) amends a subsection to exempt a child-care facility from CCR’s regulation if it is located on a federal military base or other federal property and has a certificate from the United States Department of Defense to operate; (4) adds a paragraph to exempt a military family child-care provider from CCR’s regulation if it has a certificate from the United States Department of Defense to operate; and (5) removes a treatment facility or structured program licensed by HHSC to treat chemically dependent persons from a list of other state governmental entities to align the content of §745.115 with the title of the rule.
Amending §749.273, to amend the title and update the population threshold triggering public hearing requirements for general residential operations from 300,000 to 500,000, remove duplicative information, and improve clarity.
CHAPTER 749.
SUBCHAPTER D. APPLICATION PROCESS
26 TAC §749.273
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §745.115, concerning What programs regulated by other governmental entities are exempt from Licensing regulation; and §745.273, concerning Which residential child-care operations must meet the public notice and hearing requirements.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (HB) 4529 and HB 3597, 89th Legislature, Regular Session, 2025.
HB 4529 amended Texas Human Resources Code (HRC) §42.041(b) to add exemptions to regulation by HHSC Child Care Regulation (CCR) for the following entities that are regulated by the United States Department of Defense: (1) a child-care facility located on a federal military base or other federal property; and (2) a military family child-care provider.
HB 3597 amended HRC §42.0461(a), which requires certain residential child-care facilities to hold a public hearing before receiving a license or certificate or expanding capacity if the residential child-care facilities are located in a county with a population of less than 500,000. Previously, the statutory language set the population threshold for public hearings at 300,000.
CCR is proposing amendments to (1) add a regulatory exemption for a child-care facility located on a federal military base or other federal property that has a certificate required by HRC §42.041(b)(26); (2) add a regulatory exemption for a child-care home operated by a military family child-care provider that has a certificate required by HRC §42.041(b)(27); and (3) update the population threshold triggering the public hearing requirement for a general residential operation (GRO) from 300,000 to 500,000.
The purpose of this proposal is also to remove duplicative content and improve the readability and understanding of the rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §745.273 (1) amends the rule title; (2) changes 300,000 to 500,000 wherever referenced throughout the rule; (3) deletes duplicative content that exists in another rule; and (4) makes nonsubstantive changes for better readability and understanding.
Proposed Rule Reviews Re:
Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Disaster Assistance 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 (TAC):
Chapter 386, Disaster Assistance Program
Texas Board of Occupational Therapy Examiners
Proposed Rules Re:
Amending 40 TAC §374.1, to correct a typographical error in the Disciplinary Actions rule by replacing “4safety” with “safety.”
CHAPTER 374. DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS
40 TAC §374.1
OVERVIEW
The Texas Board of Occupational Therapy Examiners proposes an amendment to 40 Texas Administrative Code §374.1, Disciplinary Actions.
SECTION-BY-SECTION SUMMARY
The amendment to §374.1 will correct a typographical error to replace “4safety” with “safety” in subsection (d)(1)(B) of the section. The amendment is proposed to correct the typographical error in the provision.
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Guardianship Services.
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 (TAC):
Chapter 361, Guardianship Services
This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.
Texas Department of State Health Services
In Addition Re:
Legislative Appropriations Request (LAR) Notice of Public Hearing on 2028-2029 Biennium LAR
DSHS will conduct a public hearing to receive input on public health program funding for the 2028-2029 biennium Legislative Appropriations Request on Thursday, April 30, 2026 at 1:00 p.m. at the Texas Department of State Health Services, Robert D. Moreton Building, Public Hearing Room M-100, First Floor, 1100 West 49th Street, Austin, Texas 78756. The hearing will also be webcast. DSHS is seeking ideas and recommendations for funding public health programs such as disease and injury prevention, public health data, maternal and child wellness, emergency preparedness and response, vital statistics, and health-related consumer protection. Members of the public may provide oral comments in person or virtually, or submit written comments by 5:00 p.m. on Monday, April 27, 2026. Registration and further information are available at https://www.surveymonkey.com/share/12818997-114b-4c86-992a-6b3e34c7a696 or by contacting DSHSPublicComments@dshs.texas.gov.