6 Mar 2020

Texas Register March 6, 2020 Volume: 45 Number: 10

by | posted in: Texas Board of Chiropractic Examiners, Texas Department of Insurance, Texas Department of Licensing and Regulation, Texas Department of State Health Services, Texas Optometry Board |

Texas Register Table of Contents

Texas Board of Chiropractic Examiners

 

Proposed Rules

New 22 TAC §73.4, clarifying requirements for Chiropractic continuing education program instructors

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.4OVERVIEWThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §73.4 (Requirements for Continuing Education Instructors). The purpose of this action is to clarify the standards under which a continuing education instructor shall comply and to make the Board’s rules easier to navigate.SECTION SUMMARYTo present a Board-approved continuing education course, the new rule requires an instructor must meet one of the following qualifications:hold a doctorate degree and active license in chiropractic or law;be part of the full-time faculty of a chiropractic college accredited by the Council of Chiropractic Education;be a qualified health care provider in the subject being taught; orbe an individual with substantial knowledge, skill, and ability in chiropractic practice.The new rule also requires an instructor to disclose to attendees any direct or indirect financial interest related to the course.  

Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §73.4, clarifying requirements for Chiropractic continuing education program instructors

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.4OVERVIEWThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §73.4 (Requirements for Continuing Education Instructors). The purpose of this action is to clarify the standards under which a continuing education instructor shall comply and to make the Board’s rules easier to navigate.SECTION SUMMARYTo present a Board-approved continuing education course, the new rule requires an instructor must meet one of the following qualifications:hold a doctorate degree and active license in chiropractic or law;be part of the full-time faculty of a chiropractic college accredited by the Council of Chiropractic Education;be a qualified health care provider in the subject being taught; orbe an individual with substantial knowledge, skill, and ability in chiropractic practice.The new rule also requires an instructor to disclose to attendees any direct or indirect financial interest related to the course.  

Texas Board of Chiropractic Examiners

Proposed Rules

New 22 TAC §73.5, clarifying standards by which a Chiropractic licensee can claim continuing education hours while serving as a National Board Examiner

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.5OVERVIEWThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §73.5 (Claiming Continuing Education as a National Board Examiner). The purpose of this action is to clarify the standards by which a licensee can claim continuing education hours while serving as a National Board Examiner.SECTION SUMMARYThe new rule states that a licensee who serves as an examiner for the National Board of Chiropractic Examiners’ Part IV Examination may receive up to 8 hours of continuing education credit each year and outlines related written verification requirements. 

Texas Board of Chiropractic Examiners

Proposed Rules

Repealing 22 TAC §81.4 in order to remove superfluous rules regarding administrative hearings

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.4The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.4 (Administrative Hearings). The purpose of this action is to remove superfluous rules and make the Board’s rules easier to read and navigate.

Texas Department of State Health Services

Proposed Rules

Repealing current 25 TAC §49, which governs the fee-for-service Oral Health Program that is no longer in operation

CHAPTER 49. ORAL HEALTH IMPROVEMENT PROGRAM25 TAC §§49.1 – 49.10, 49.13 – 49.18OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of §§49.1 – 49.10, 49.13 – 49.18, concerning the Oral Health Program. The proposed repeal of §§49.1 – 49.10, 49.13, 49.14, and 49.16 – 49.18 removes language that included fee-for-service program information that is no longer in service. This language included details on how dentists could participate in the program, who could receive services, and how dentists were to be compensated. DSHS no longer provides direct services.BACKGROUND AND PURPOSEThe purpose of the proposal is to repeal and replace Chapter 49, in accordance with Texas Government Code, §2001.039, regarding Agency Review of Existing Rules. The repeal and new rules are necessary to accurately reflect current program activities and functions of the Oral Health Improvement Program, due to changes implemented by Senate Bill 200 and Senate Bill 219, 84th Legislature, Regular Session, 2015.The repealed rules included direct client services, which are no longer offered due to lack of funding, and any remaining dental services are provided by HHSC post transformation. The Oral Health Improvement Program remains at DSHS as a public health program that promotes oral health and reduces the burden of dental disease through evidence-based public health initiatives, including oral health education and preventive interventions. The program also conducts oral health surveillance activities, analyzes data from multiple sources, and disseminates findings to stakeholders.SECTION-BY-SECTION SUMMARYThe proposed repeal removes the following sections of 25 TAC, Subchapter A (General Provisions):§49.1.Purpose and Application.§49.2.Definitions.§49.3.Oral Health Program Priorities.§49.4.Methods of Delivering Oral Health Services.The proposed repeal removes the following sections of 25 TAC, Subchapter B (Recipient Participation in FFS Oral Health Treatment Benefits):§49.5.Application Process for FFS Oral Health Treatment Benefits.§49.6.Eligibility Requirements for Referral for FFS Oral Health Treatment Benefits.§49.7.Eligibility Requirements to Receive FFS Oral Health Treatment Benefits.§49.8.Denial, Modification, Suspension, and Termination of FFS Oral Health Treatment Benefits.§49.9.Financial Obligations and Recovery of Costs for FFS Oral Health Treatment Benefits.The proposed repeal removes the following sections of 25 TAC, Subchapter C (Provider Participation in FFS Oral Health Treatment Benefits):§49.10.Provider Participation Requirements to Provide FFS Oral Health Treatment Services.§49.13.FFS Oral Health Treatment Services by Non-Providers.§49.14.Payment of FFS Oral Health Treatment Services Claims.§49.15.Administrative Sanctions.The proposed repeal removes the following sections of 25 TAC, Subchapter D (Appeals Process for FFS Oral Health Treatment Benefits):§49.16.Administrative Review.§49.17.Due Process Hearing.§49.18.Hearing Process.

Texas Department of State Health Services

Proposed Rules

Implementing the new Oral Health Improvement Program under 25 TAC §49

CHAPTER 49. ORAL HEALTH IMPROVEMENT PROGRAM25 TAC §§49.1 – 49.6OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§49.1 – 49.6, concerning the Oral Health Improvement Program.BACKGROUND AND PURPOSEThe purpose of the proposal is to repeal and replace Chapter 49, in accordance with Texas Government Code, §2001.039, regarding Agency Review of Existing Rules. The repeal and new rules are necessary to accurately reflect current program activities and functions of the Oral Health Improvement Program, due to changes implemented by Senate Bill 200 and Senate Bill 219, 84th Legislature, Regular Session, 2015.The repealed rules included direct client services, which are no longer offered due to lack of funding, and any remaining dental services are provided by HHSC post transformation. The Oral Health Improvement Program remains at DSHS as a public health program that promotes oral health and reduces the burden of dental disease through evidence-based public health initiatives, including oral health education and preventive interventions. The program also conducts oral health surveillance activities, analyzes data from multiple sources, and disseminates findings to stakeholders.SECTION-BY-SECTION SUMMARYProposed new §49.1 describes the purpose and application of the Texas Oral Health Improvement Act, Texas Health and Safety Code, Chapter 43 (Act).Proposed new §49.2 provides definitions of terms used within the chapter.Proposed new §49.3 describes public oral health screening and surveillance activities to be conducted by the Oral Health Improvement Program across the State of Texas.Proposed new §49.4 describes that a memorandum of understanding is required to work with schools and school districts.Proposed new §49.5 describes program priorities that are determined based on data, research, public health principles, and other factors.Proposed new §49.6 describes implementation of program activities.

Texas Department of State Health Services

Proposed Rules

Amending 25 TAC §421.41, regarding reporting requirements for freestanding emergency medical care facilities

CHAPTER 421. HEALTH CARE INFORMATIONSUBCHAPTER C. RULES RELATING TO REPORTS, DATA REQUESTS AND DATA FEES25 TAC §421.41OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §421.41, concerning definitions for rules relating to reports, data requests and data fees. BACKGROUND AND PURPOSEThe proposal is necessary to comply with House Bill (H.B.) 2041, 86th Texas Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, §108.002(10) and requires DSHS to collect, process, and make claim level data from freestanding emergency medical care facilities available.SECTION-BY-SECTION SUMMARYThe proposed amendment to §421.41(4)(G) corrects the federal reference to “42 U.S.C. §1396d(l)(2)(B)” that defines a federally qualified health center. The correction in the federal citation reference updates a previously missed reference.The proposed amendment to §421.41(4)(H) adds a freestanding emergency medical care facility to the list of health care facilities that DSHS will collect data from and is consistent with the change in the new statute listing of health care facilities under Texas Health and Safety Code, Chapter 108 from H.B. 2041.The proposed amendments to §421.41 adds the word “Texas” to “Health and Safety Code” to clarify and standardize the reference to the statute.

Texas Department of State Health Services

Proposed Rules

Amending 25 TAC §421.61, regarding the collection and release of outpatient surgical and radiological procedures at freestanding emergency medical care facilities

CHAPTER 421. HEALTH CARE INFORMATIONSUBCHAPTER D. COLLECTION AND RELEASE OF OUTPATIENT SURGICAL AND RADIOLOGICAL PROCEDURES AT HOSPITALS AND AMBULATORY SURGICAL CENTERS25 TAC §421.61OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §421.61, concerning definitions related to the collection and release of outpatient surgical and radiological procedures at hospital and ambulatory surgical centers. BACKGROUND AND PURPOSEThe proposal is necessary to comply with House Bill (H.B.) 2041, 86th Texas Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, §108.002(10) and requires DSHS to collect, process, and make claim level data from freestanding emergency medical care facilities available.SECTION-BY-SECTION SUMMARYThe proposed amendment to §421.61(8), APG, clarifies that the APG software is the 3M™ version of the “Enhanced Ambulatory Patient Grouper” software that DSHS is using on the data. The other proposed change inserts the phrase “ambulatory patient” and deletes the phrase “hospital-based outpatient” from this paragraph.The proposed amendment to §421.61(14), CRG, deletes the definition in response to a program initiative because enrollment information for all patients captured in our data cannot feasibly be captured by the program. The enrollment information is necessary to create the CRG codes. The proposed deletion of “CRG” causes the remaining definitions in the section to be renumbered.The proposed amendment to §421.61(18), Electronic Filing, corrects the phrase “nine-track” to standardize the language for the rule.The proposed amendment to §421.61(44), Rendering provider or rendering other health professional, updates the referenced paragraphs to the section to (26), (36), and (40), respectively.The proposed amendments to §421.61 adds the word “Texas” to “Health and Safety Code” to clarify and standardize the reference to the statute.

Texas Department of State Health Services

Proposed Rules

Amending 25 TAC §§421.71, 421.72, 421.77, 421.78, regarding freestanding emergency medical care facilities’ collection and release of emergency data

CHAPTER 421. HEALTH CARE INFORMATIONSUBCHAPTER E. COLLECTION AND RELEASE OF EMERGENCY VISIT DATA25 TAC §§421.71, 421.72, 421.77, 421.78OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §§421.71, 421.72, 421.77, 421.78, concerning the collection and release of emergency data by freestanding emergency medical care facilities. BACKGROUND AND PURPOSEThe proposal is necessary to comply with House Bill (H.B.) 2041, 86th Texas Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, §108.002(10) and requires DSHS to collect, process, and make claim level data from freestanding emergency medical care facilities available.SECTION-BY-SECTION SUMMARYThe title of Subchapter E is amended to “Collection And Release Of Emergency Visit Data” in response to H.B. 2041 addressing all emergency visits.The following sections of Subchapter E have been amended to comply with H.B. 2041: §421.71.Definitions.§421.72.Collection of Emergency Visit Data.§421.77.Event Files–Records, Data Fields and Codes.§421.78.Emergency Visit Data Release.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §71.1, which provided definitions for the Rulemaking chapter

CHAPTER 71. RULEMAKING22 TAC §71.1The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §71.1 (Definitions), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5719). The repealed rule will not be republished.The Board is replacing this rule with new 22 TAC §71.1 (Petition for Adoption of Rules) in a separate rulemaking action

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §71.1 is an updated version of the rule regarding petitions for the adoption of rules, which was previously §71.2

CHAPTER 71. RULEMAKING22 TAC §§71.1The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §71.1 (Petition for Adoption of Rules), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5720). The rule will not be republished.New 22 TAC §71.1 is an updated version of Petition for Adoption of Rules, previously found at §71.2. 

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §71.2, regarding petitions for the adoption of rules

CHAPTER 71. RULEMAKING22 TAC §71.2The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §71.2 (Petition for Adoption of Rules), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5721). The repealed rule will not be republished. The Board has adopted an updated version of the text of this rule in a new §71.1 in a separate rulemaking action.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §72.1, which provided definitions for the Fees, License Applications and Renewals chapter

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.1The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.1 (Definitions), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5721). The purpose of this action is to remove superfluous rules and make the Board’s rules easier to read and navigate. The repeal will not be republished.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §72.10, regarding disqualification from the Jurisprudence Exam

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.10The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.10 (Jurisprudence Exam Disqualification), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5722). The repealed rule will not be republished. The Board is adopting updated text for the rule in a separate rulemaking action.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §72.10, regarding the appeals process for a denied application or permit

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.10The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §72.10 (Appealing a Denied Application or Permit), with non-substantive changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5723). The rule will be republished.The adopted rule updates the text relating to the process for an individual to appeal a Board denial of an application for a license or permit by requesting a hearing at the State Office of Administrative Hearings.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §72.12, regarding requests for criminal history evaluation letters before beginning chiropractic training

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.12The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.12 (Criminal History Evaluation Letters), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5723). The repealed rule will not be republished.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §72.12 updates language regarding requests for criminal history evaluation letters before beginning chiropractic training

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.12The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §72.12 (Criminal History Evaluation Letters), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5724). The rule will not be republished.The adopted rule updates the text relating to the process for an individual to request a criminal history evaluation from the Board (under Occupations Code Chapter 53) before beginning chiropractic training.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §75.1, regarding the chiropractic Code of Ethics

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.1The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §75.1 (Code of Ethics), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5725). The repealed rule will not be republished. The Board has replaced the existing rule in a separate rulemaking action.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §75.1 updates language regarding the chiropractic Code of Ethics

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.1The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §75.1 (Code of Ethics), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5725). The rule will not be republished. This adopted rule updates the text relating to what constitutes the ethical practice of chiropractic for clarity. The purpose is to provide clearer guidance to the Board’s licensees as to their ethical requirements.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §75.3, regarding a licensee’s obligations to prevent and report fraud

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.3The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §75.3 (Fraud Prevention), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5726). The repealed rule will not be republished. The Board has replaced the existing rule in a separate rulemaking action.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §75.3 updates language regarding a licensee’s obligations to prevent and report fraud

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.3The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §75.3 (Fraud Prevention), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5727). The rule will not be republished. The adopted rule updates the text relating to a licensee’s obligations concerning the prevention and reporting of fraud.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §77.1, which provided definitions for the Advertising and Public Communications chapter

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.1The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §77.1 (Definitions), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5727). The repealed rule will not be republished. The Board is replacing the existing rule in a separate rulemaking action.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §77.1 updates language regarding advertising and public communications

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.1The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §77.1 (Advertising and Public Communications), with changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5728). The rule will be republished.The adopted rule moves the language relating to advertising and public communication from the current §77.2 (Advertising, Public Communications, and Telemarketing). The telemarketing language will remain in an updated §77.2. The adopted rule further clarifies the requirements prohibiting false or misleading advertising, when a professional title is required in advertising, and when an individual may use the honorific “Dr.” The purpose of the adopted rule is to make the Board’s advertising rules clearer to licensees and the public.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §77.2, regarding advertising, public communications, and telemarketing practices

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.2The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §77.2 (Advertising, Public Communications, and Telemarketing), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5729). The repealed rule will not be republished. The Board is replacing the existing rule in a separate rulemaking action.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §77.2 updates language regarding telemarketing practices

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.2The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §77.2 (Telemarketing), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5730). The rule will not be republished. The adopted rule updates and clarifies the language on telemarketing practices by licensees and their agents.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §77.3, regarding a licensee’s obligation to timely provide patients with a statement of charges

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.3The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §77.3 (Patient’s Rights to Disclosure of Charges), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5730). The repealed rule will not be republished.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §77.3 updates language regarding a licensee’s obligation to timely provide patients with a statement of charges

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.3The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §77.3 (Patient’s Rights to Disclosure of Charges) with changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5731). The rule will be republished. The adopted rule clarifies the text of a licensee’s obligation to timely provide patients with a statement of charges.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §78.2, regarding prohibitions on the scope of chiropractic practice

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.2The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §78.2 (Prohibitions), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5732). The repealed rule will not be republished.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §78.2 updates language regarding prohibitions on the scope of chiropractic practice

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.2The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §78.2 (Prohibitions on the Scope of Practice), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5732). The rule will not be republished. The adopted rule reiterates the acts that are outside the scope of chiropractic practice under Occupations Code Chapter 201. The new rule also makes clear that an individual operating outside the scope of practice may be subject to legal action by the Board and other regulatory agencies.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §78.3, regarding delegation of certain responsibilities from a licensee to a non-licensee

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.3The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §78.3 (Delegation of Authority), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5733). The repealed rule will not be republished.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §78.3 updates language regarding delegation of certain responsibilities from a licensee to a non-licensee

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.3The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §78.3 (General Delegation of Responsibility), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5733). The rule will not be republished.The adopted rule clarifies the text regarding when and to whom a licensee may delegate certain tasks to a non-licensee. Language in the current rule relating to delegation to chiropractic students and recent graduates has been updated and moved to a new §78.4 in a separate rulemaking action. The purpose is to update the text for clarity and make the Board’s rules easier to navigate.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §78.4 adopts and clarifies language regarding delegation of authority from a licensee to a student or recent graduate, previously under §78.3

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.4The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §78.4 (Delegation to Chiropractic Students and Recent Graduates) without changes as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5734). The rule will not be republished. This action moves existing language relating to students and recent graduates from §78.3 (General Delegation of Responsibility) into a stand-alone rule. The new rule clarifies when a licensee may delegate responsibility to a student or recent graduate, the limits on that delegation, and the requirements to notify the Board when employing or supervising those individuals. The Board’s intent is to make the requirements for students and recent graduates easier to both find and read. The Board is repealing and replacing the general delegation rule (§78.3) in separate rulemaking actions.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §78.5, regarding procedural requirements for spinal screenings

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.5The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §78.5 (Spinal Screenings), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5735). The repealed rule will not be republished. This rule is no longer necessary as the Board’s recently adopted rules on a licensee’s place of business (§75.2) and mandatory notices to the public (§75.6 and §75.7) include the requirements applicable to spinal screenings.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §79.2, regarding diligence in the chiropractic profession

Adopted Rules

New 22 TAC §79.2 updates language regarding diligence in the chiropractic profession

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.2The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §79.2 (Lack of Diligence), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5737). The rule will not be republished. The adopted rule updates the text relating to what constitutes the diligent practice of chiropractic for clarity. The purpose is to make the Board’s rules easier to navigate for licensees.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing old 22 TAC §79.4, regarding incapability determinations due to substance abuse or health conditions

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.4The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §79.4 (Impaired Licensees and Applicants), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5738). The repealed rule will not be republished.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §79.4 updates language regarding incapability determinations due to substance abuse or health conditions

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.4The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §79.4 (Impaired Licensees and Applicants), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5739). The rule will not be republished. The adopted rule updates text of what grounds the Board will consider in determining if a licensee or applicant is incapable of holding a license due to substance abuse or health conditions. The rule also includes new language encouraging licensees or applicants to self-report any substance abuse or health issues to the Board.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §80.10 establishes a time limit for filing a complaint alleging a rule violation

CHAPTER 80. COMPLAINTS22 TAC §80.10The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §80.10 (Time Limits for Filing a Complaint), without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5740). The rule will not be republished. This action establishes a time limit for filing a complaint alleging a rule violation with the Board. The six year limit mirrors the length of time a licensee is required to maintain patient records.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §81.1, which provided definitions for the Enforcement Actions and Hearings chapter

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.1The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.1 (Definitions), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5741). The purpose of this action is to remove superfluous rules and make the Board’s enforcement rules easier to read and navigate. The repeal will not be republished.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §81.1, which provided appeals procedures for denied license applications and is now included in §72.10

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.3The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.3 (Application Denial), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5741). The repealed rule will not be republished. The existing process for appealing the Board’s denial of a license application is being separately adopted in an updated rulemaking action for §72.10 (Appealing a Denied Application). The appeals process is not an enforcement action and therefore properly belongs in the fees, applications, and renewals chapter (Chapter 72).

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §81.11 to remove superfluous language regarding extensions of time in administrative hearings

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.11The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §81.11 (Extensions of Time), without changes to the text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5742). The repealed rule will not be republished. The requirements and procedures for requesting extensions of time in an administrative hearing are already detailed in the Administrative Procedures Act (Government Code Chapter 2001) and the rules of the State Office of Administrative Hearings (1 TAC Chapter 155), thus making this rule superfluous.

Texas Optometry Board

In Addition

Rule Review: Texas Optometry Board invites public comment regarding the review of 22 TAC Chapters 271, 272, 273 and 275

OVERVIEWThe Texas Optometry Board files this notice of intention to review Texas Administrative Code, Title 22, Chapters 271, 272, 273, and 275, pursuant to the requirements of Texas Government Code §2001.039. This section requires all state agencies to review their rules every four years. After an assessment that the reasons for initially adopting the rules continue to exist, the agency’s rules may be considered for readoption.PUBLIC COMMENTThe agency invites comments from the public regarding whether the reasons for initially adopting these rules continue to exist. Comments on the proposal may be submitted to Chris Kloeris, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942. The deadline for furnishing comments is thirty days after the publication of this notice in the Texas Register.SECTION-BY-SECTION SUMMARYThe following rules in Chapter 271 are being reviewed: §271.1, Definitions§271.2, Applications§271.3, Jurisprudence Examination Administration§271.5, Licensure without Examination§271.6, National Board Examination§271.7, Criminal History Evaluation LettersThe following rules in Chapter 272 are being reviewed§272.1, Open Records§272.2, Historically Underutilized Businesses§272.3, Contract and Purchasing ProceduresThe following rules in Chapter 273 are being reviewed: §273.1, Surrender of License§273.2, Use of Name of Retired or Deceased Optometrist§273.3, Contact Lenses as Prize or Premium§273.4, Fees (Not Refundable)§273.5, Clinical Instruction and Practice – Limited License for Clinical Faculty§273.6, Licenses for a Limited Period§273.7, Inactive Licenses and Retired License for Volunteer Charity Care§273.8, Renewal of License§273.9, Public Interest Information§273.10, Licensee Compliance with Payment Obligations§273.11, Public Participation in Meetings§273.12, Profile Information§273.13, Contract or Employment with Community Health Centers§273.14, License Applications for Military Service Member, Military Veteran, and Military SpouseThe following rules in Chapter 275 are being reviewed:§275.1, General Requirements§275.2, Required Education

Texas Department of Insurance

In Addition

Company Licensing: Dayforward Life Insurance Company Inc. and GlobalHealth Texas, Inc. have applied for incorporation in the state of Texas

APPLICATIONSApplication for incorporation in the state of Texas for Dayforward Life Insurance Company Inc., a domestic life, accident and/or health company. The home office is in Austin, Texas.Application for incorporation in the state of Texas for GlobalHealth Texas, Inc., a domestic Health Maintenance Organization (HMO). The home office is in Austin, Texas.OBJECTIONSAny objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Robert Rudnai, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.

Texas Department of Licensing and Regulation

In Addition

Correcting a publishing error from a previous Texas Register entry for 16 TAC §116.101(c), regarding duplicate licensure for the Dietitian program

The Texas Department of Licensing and Regulation published proposed amendments to 16 TAC Chapter 116, Subchapter K, §§116.100, 116.101, 116.104 and 116.105 in the February 21, 2020, issue of the Texas Register (45 TexReg 1145, 1156). These proposed amendments relate to the Dietitians program. Due to an error by the Texas Register, the text for 16 TAC §116.101(c) was published incorrectly. The correct text of subsection (c) should be as follows:”To receive a duplicate license, the [The] licensee shall submit the duplicate/replacement fee required under §116.110.”