15 May 2020

Texas Register May 15, 2020 Volume: 45 Number: 20

by | posted in: Governor, Texas Board of Nursing, Texas Board of Occupational Therapy Examiners, Texas Department of State Health Services, Texas Health and Human Services Commission, Texas Optometry Board |

Texas Register Table of Contents

 

Governor

Appointments

Governor appoints two new members and reappoints four members to the Texas Animal Health Commission

Appointments for May 4, 2020Appointed to the Texas Animal Health Commission, for terms to expire September 6, 2021:Kenneth G. “Ken” Jordan of San Saba, Texas (Mayor Jordan is being reappointed);Melanie J. Johnson, Ed.D. of Houston, Texas (replacing Eric D. White of Mason, whose term expired);Barret J. Klein of Boerne, Texas (Mr. Klein is being reappointed);Joe L. Leathers of Guthrie, Texas (Mr. Leathers is being reappointed);Thomas E. “Tommy” Oates of Huntsville, Texas (Mr. Oates is being reappointed).Appointed to the Texas Animal Health Commission, for a term to expire September 6, 2025, Jimmie Ruth Evans of San Antonio, Texas (replacing William F. Edmiston, Jr., D.V.M. of Eldorado, whose term expired).

Governor

Appointments

Governor appoints one new member and reappoints two members to the Texas Board of Chiropractic Examiners

Appointments for May 4, 2020Appointed to the Texas Board of Chiropractic Examiners, for terms to expire February 1, 2025Brandon M. Allen of Austin, Texas (replacing John W. Steinberg of Marion, whose term expired);Michael P. Henry, D.C. of Austin, Texas (Dr. Henry is being reappointed);Scott D. Wofford, D.C. of Abilene, Texas (Dr. Wofford is being reappointed).

Governor

Notices

Executive Order GA-21: Governing the conditional reopening of certain services

OVERVIEWAs part of the safe, strategic plan to Open Texas in response to the COVID-19 disaster, Executive Order GA-21 permits the reopening of certain non-essential services in a limited capacity. In relevant part, Executive Order GA-21 includes the following limitation: In accordance with the Guidelines from the President and the CDC, people shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless to provide critical assistance as determined through guidance from the Texas Health and Human Services Commission (HHSC). Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow infection control policies and practices set forth by the HHSC, including minimizing the movement of staff between facilities whenever possible.BACKGROUND AND JUSTIFICATION The Governor’s rationale for issuing Executive Order GA-21 is listed in this week’s edition of the Texas Register. 

Texas Health and Human Services Commission

Adopted Rules

Amending 1 TAC §371.1715 to clarify procedures for the imposition of administrative penalties concerning Medicaid and other medical assistance programs

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITYSUBCHAPTER G. ADMINISTRATIVE ACTIONS AND SANCTIONSDIVISION 3. ADMINISTRATIVE ACTIONS AND SANCTIONS1 TAC §371.1715OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §371.1715, concerning Damages and Penalties.The amendments to §371.1715 clarify that OIG has the authority to impose administrative penalties on behalf of HHSC or other health and human service agencies, if such penalties are authorized by law, and that penalties for violations concerning Medicaid and other medical assistance programs will be imposed in accordance with §32.039, Texas Human Resources Code, which provides ranges of penalties for specific violations.The amendments to §371.1715 are adopted without changes to the proposed text as published in the December 13, 2019, issue of the Texas Register (44 TexReg 7576). These rules will not be republished.BACKGROUND AND JUSTIFICATIONThe purpose of the amendments is to clarify the factors that the agency considers when imposing and scaling enforcement actions as required by Texas Government Code §531.102(x), including appropriate mitigating factors, as well as to clarify that the agency assesses penalties in accordance with relevant law, particularly Texas Human Resource Code §32.039.During its last review of the HHSC-Office of Inspector General (OIG), the Sunset Advisory Commission recommended that the agency revise its rules to provide direction for determining which sanction to apply to each violation committed by a person subject to agency regulation. After consulting with stakeholders, the Executive Commissioner proposed amendments to §371.1603 to provide that direction while also affirming that each matter is evaluated on a case-by-case basis. The amended rule clarifies those factors that the agency applies when determining the seriousness, prevalence of error, harm, or potential harm of a violation, as required by statute. The amendments add examples of mitigating factors that the agency may consider when evaluating a violation and scaling resulting enforcement actions. The amendments also clarify that a person potentially subject to an enforcement action may introduce such mitigating factors in any contested case, as well as during the agency’s informal resolution process.

Texas Health and Human Services Commission

Adopted Rules

Amending 1 TAC §371.1603, outlining factors to be considered in imposing administrative penalties concerning Medicaid and other medical assistance programs

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITYSUBCHAPTER G. ADMINISTRATIVE ACTIONS AND SANCTIONSDIVISION 1. GENERAL PROVISIONS1 TAC §371.1603OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §371.1603, concerning Legal Basis and Scope.The amendments also clarify that OIG will, when imposing penalties under §371.1715, apply the factors in accordance with §371.1603.The amendments to §371.1603 are adopted without changes to the proposed text as published in the December 13, 2019, issue of the Texas Register (44 TexReg 7576). These rules will not be republished.BACKGROUND AND JUSTIFICATIONThe purpose of the amendments is to clarify the factors that the agency considers when imposing and scaling enforcement actions as required by Texas Government Code §531.102(x), including appropriate mitigating factors, as well as to clarify that the agency assesses penalties in accordance with relevant law, particularly Texas Human Resource Code §32.039.During its last review of the HHSC-Office of Inspector General (OIG), the Sunset Advisory Commission recommended that the agency revise its rules to provide direction for determining which sanction to apply to each violation committed by a person subject to agency regulation. After consulting with stakeholders, the Executive Commissioner proposed amendments to §371.1603 to provide that direction while also affirming that each matter is evaluated on a case-by-case basis. The amended rule clarifies those factors that the agency applies when determining the seriousness, prevalence of error, harm, or potential harm of a violation, as required by statute. The amendments add examples of mitigating factors that the agency may consider when evaluating a violation and scaling resulting enforcement actions. The amendments also clarify that a person potentially subject to an enforcement action may introduce such mitigating factors in any contested case, as well as during the agency’s informal resolution process.

Texas Board of Nursing

Adopted Rules

Amending 22 TAC §217.2 to update requirements for initial licensure by examination

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.2OVERVIEWThe Texas Board of Nursing (Board) adopts amendments to §217.2, relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions without changes to the proposed text published in the March 20, 2020, issue of the Texas Register (45 TexReg 1938). The rules will not be reprinted.Adopted §217.2(a)(5) clarifies that applicants for initial licensure by examination must submit fingerprints for a complete criminal background check. Section 217.2(f) is eliminated from the section in its entirety.BACKGROUND AND JUSTIFICATIONThe amendments are adopted under the authority of the Occupations Code §301.2511 and §301.151. The adopted amendments require applicants to submit fingerprints for a complete criminal background check prior to licensure, in compliance with the Occupations Code §301.2511, and eliminate subsection (f) of the section because military programs, like the U.S. Army Practical Nurse Course, are reviewed and approved by the Board in the same manner as all other nursing programs. Further, military courses other than the U.S. Army Practical Nurse Course are approved by the Board.

Texas Board of Nursing

Adopted Rules

Amending 22 TAC §217.3 to update requirements for obtaining temporary authorization to practice nursing

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.3OVERVIEWThe Texas Board of Nursing (Board) adopts amendments to §217.3, relating to Temporary Authorization to Practice/Temporary Permit, without changes to the proposed text published in the March 20, 2020, issue of the Texas Register (45 TexReg 1939). The rule will not be republished.SECTION-BY-SECTION SUMMARY Adopted §217.3(a)(1) corrects a typographical error. Adopted §217.3(a)(1)(E) requires individuals seeking temporary authorization to practice to submit fingerprints for a complete criminal background check prior to receipt of the permit. Adopted §217.3(a)(1)(F) requires individuals seeking temporary authorization to practice to obtain a passing score on the jurisprudence exam approved by the Board, effective September 1, 2009, prior to receipt of the permit. Adopted §217.3(a)(3) clarifies that a new graduate who has been authorized to practice nursing as a graduate vocational nurse pending the results of the licensing examination must work under the direct supervision of a licensed vocational nurse or a registered nurse who is physically present in the facility or practice setting and who is readily available to the graduate vocational nurse for consultation and assistance. Further, a new graduate who has been authorized to practice nursing as a graduate nurse pending the results of the licensing examination must work under the direct supervision of registered nurse who is physically present in the facility or practice setting and who is readily available to the graduate nurse for consultation and assistance. Adopted §217.3(c) clarifies that a permit may be renewed beyond six months.BACKGROUND AND JUSTIFICATIONFirst, the adopted amendments require new graduates seeking temporary authorization to practice as a graduate nurse or graduate vocational nurse to submit fingerprints for a complete criminal background check prior to licensure, in compliance with the Occupations Code §301.2511, and pass the jurisprudence exam, in compliance with the Occupations Code §301.252, prior to receiving a graduate nurse or graduate vocational nurse permit. Graduate nurses who are issued graduate permits may practice nursing if appropriately supervised. As such, the public needs to be assured that these nurses have undergone background checks to ensure safe practice and have demonstrated competency by passing the Board’s jurisprudence and ethics exam.Second, the adopted amendments make non-substantive changes to paragraph (3) to increase the readability of the paragraph.Third, the adopted amendments clarify that a temporary permit may be re-issued if a nurse is unable to complete requirements that are necessary for the nurse’s licensure reinstatement within a six-month period. Due to an individual’s performance pace, it may take a nurse longer than six months to complete requirements necessary for licensure reinstatement. The intent of §217.3(c) is to provide a mechanism for nurses to demonstrate their competency to return to nursing practice. Since these nurses cannot practice nursing until they complete the Board’s requirements, they pose no risk of harm to the public during this time. The adopted amendment merely allows the nurse a sufficient amount of time to re-establish current licensure after demonstrating he/she is safe and competent to do so. Further, this change is consistent with recent amendments to §217.3(b) that were adopted by the Board on January 27, 2020.

Texas Board of Nursing

Adopted Rules

Amending 22 TAC §217.6 to streamline procedures for renewing an expired license

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.6OVERVIEWThe Texas Board of Nursing (Board) adopts amendments to 22 TAC §217.6, relating to Failure to Renew License, without changes to the proposed text published in the March 20, 2020, issue of the Texas Register (45 TexReg 1947). The rule will not be republished.Adopted §217.6(b)(3) is eliminated from the section. The remaining amendments re-number the section accordingly.BACKGROUND AND JUSTIFICATIONThe amendments are being adopted under the authority of the Occupations Code §301.301(d) and §301.151. Board Rule 217.6(b) addresses the licensure renewal of a nurse who is not currently practicing nursing and who has failed to maintain current licensure from any licensing authority for four or more years. The rule currently sets out the criteria that an individual must meet in order to renew his/her license under these circumstances. Among the various requirements, an individual must currently complete the online Texas Board of Nursing Jurisprudence Prep Course; the Texas Board of Nursing Jurisprudence and Ethics Workshop; or a Texas Board of Nursing approved Nursing Jurisprudence and Ethics course in addition to completing a refresher course, extensive orientation, or program of study. Fifteen percent (15%) of the required content of a Board approved refresher course, extensive orientation, or program of study must include the review of the Nursing Practice Act, Rules, Position Statements. This is the same content that is included in the online Texas Board of Nursing Jurisprudence Prep Course; the Texas Board of Nursing Jurisprudence and Ethics Workshop; and a Texas Board of Nursing approved Nursing Jurisprudence and Ethics course. The Board recognizes that the existing requirements of the rule may be unnecessarily redundant in this regard. The adopted amendments, therefore, eliminate these redundant requirements from the rule. Individuals will still be required to complete a Board approved refresher course, extensive orientation, or program of study, which must include an adequate focus on nursing jurisprudence and ethics. Further, because a nurse will still be required to successfully pass the Board’s nursing jurisprudence exam, the public can be adequately assured that the nurse has successfully mastered this content prior to renewal of licensure.

Texas Board of Nursing

Adopted Rules

Repealing 22 TAC §217.8, relating to the Board’s printing of license certificate copies, which is no longer necessary as copies are now available online

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.8OVERVIEWThe Texas Board of Nursing (Board) adopts the repeal of 22 TAC §217.8, relating to Duplicate or Substitute Credentials, without changes to the proposed text published in the March 20, 2020, issue of the Texas Register (45 TexReg 1948). The repeal will not be republished.The adopted repeal eliminates §217.8 in its entirety.BACKGROUND AND JUSTIFICATIONThe repeal is adopted under the authority of the Occupations Code §301.151 and eliminates the section in its entirety. The Board’s processes have changed over time, and the current section is now obsolete. Because an individual may now verify his/her license and print a wall certificate directly from the Board’s website, the Board has stopped printing duplicate wall certificates for licensees whose original wall certificate was lost or destroyed. Additionally, the Board no longer issues wallet-sized licenses to any licensee. Further, when an individual changes his/her name and notifies the Board, the Board’s online licensure verification system will reflect the name change, but the individual is not able to print a new wall certificate reflecting the name change. The wall certificate will continue to reflect the name of the individual as it was issued on the original wall certificate. As such, the current processes outlined in Board Rule 217.8 are no longer applicable.

Texas Board of Nursing

Adopted Rules

Amending 22 TAC §217.9 to streamline procedures for renewing an inactive or retired license

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.9OVERVIEWThe Texas Board of Nursing (Board) adopts amendments to 22 TAC §217.9, relating to Inactive and Retired Status, without changes to the proposed text published in the March 20, 2020, issue of the Texas Register (45 TexReg 1949). The rule will not be republished.The adopted amendments eliminate §217.9(g)(4) in its entirety and renumber the remaining paragraphs accordingly.BACKGROUND AND JUSTIFICATIONThe amendments are adopted under the authority of the Occupations Code §301.261(d) and §301.151. Board Rule §217.9 addresses a nurse who has not practiced nursing and whose license has been in inactive status for four or more years. The rule currently sets out the criteria that an individual must meet in order to reactivate his/her license under these circumstances. Among the various requirements, an individual must currently complete the online Texas Board of Nursing Jurisprudence Prep Course; the Texas Board of Nursing Jurisprudence and Ethics Workshop; or a Texas Board of Nursing approved Nursing Jurisprudence and Ethics course in addition to completing a refresher course, extensive orientation, or program of study. Fifteen percent (15%) of the required content of a Board approved refresher course, extensive orientation, or program of study must include the review of the Nursing Practice Act, Rules, and Position Statements. This is the same content that is included in the online Texas Board of Nursing Jurisprudence Prep Course; the Texas Board of Nursing Jurisprudence and Ethics Workshop; and a Texas Board of Nursing approved Nursing Jurisprudence and Ethics course. The Board recognizes that the existing requirements of the rule may be unnecessarily redundant in this regard. The adopted amendments, therefore, eliminate these redundant requirements from the rule. Individuals will still be required to complete a Board approved refresher course, extensive orientation, or program of study, which must include an adequate focus on nursing jurisprudence and ethics. Further, because a nurse will still be required to successfully pass the Board’s nursing jurisprudence exam, the public can be adequately assured that the nurse has successfully mastered this content prior to reactivation of licensure.

Texas Board of Nursing

Adopted Rules

Amending 22 TAC §222.3 to update requirements for a nurse to maintain prescriptive authority

CHAPTER 222. ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY22 TAC §222.3OVERVIEWThe Texas Board of Nursing (Board) adopts amendments to §222.3, relating to Renewal of Prescriptive Authority without changes to the proposed text published in the March 20, 2020, issue of the Texas Register (45 TexReg 1951). The rules will not be republished.Adopted §222.3(b) requires an advanced practice registered nurse seeking to maintain prescriptive authority to attest, on forms provided by the Board, to completing at least five contact hours of continuing education in pharmacotherapeutics within the preceding biennium. The other requirements of the subsection have been eliminated.BACKGROUND AND JUSTIFICATIONThe adopted amendments are necessary for consistency with adopted changes to §216.3, pertaining to Continuing Competency. Section 216.3 was amended on November 19, 2019, in order to implement the requirements of HB 2454, HB 2059, HB 3285, and HB 2174.Prior to its amendment in November 2019, §216.3 required advanced practice registered nurses holding prescriptive authority to complete at least three contact hours of continuing education related to prescribing controlled substances each biennium, in addition to at least five contact hours of continuing education in pharmacotherapeutics within the same licensing period. The Board originally adopted this requirement in November 2013, following the passage of SB 406, enacted by the 83rd Texas Legislature, Regular Session, effective November 1, 2013. SB 406 expanded the scope of advanced practice registered nurses by authorizing the ordering/prescribing of Schedule II controlled substances in certain settings. The additional targeted continuing education adopted by the Board at that time was reasonably related to the expanded scope of practice authorized by SB 406. Further, the requirement was also adopted during a time when the Board began seeing an increase in the number of its non-therapeutic prescribing cases related to the then up-and-coming opioid crisis.The new continuing education requirements enacted during the 86th Legislative Session, however, were designed to provide specific education regarding many of the issues affecting the opioid crisis. The Board found many of its prior concerns to be adequately addressed by the new continuing education course requirements. Further, the Board recognized the potential overlap between the new continuing education courses and the existing education requirements for advanced practice registered nurses. As such, the Board eliminated the potentially duplicative requirements to only require advanced practice registered nurses holding prescriptive authority to complete at least five contact hours of continuing education in pharmacotherapeutics each biennium. The Board believed this change could reduce some of the financial burden associated with required continuing education courses without sacrificing the safety of the public or the competency of its practitioners.

Texas Department of State Health Services

Adopted Rules

Repealing 25 TAC §§412.151 – 412.154, concerning general provisions for DSHS’ governance of mental health services

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 1. GENERAL PROVISIONS25 TAC §§412.151 – 412.154OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, §§412.151 – 412.154, outlining General Provisions for the chapter. Authority for the rules has been transferred to HHSC, and, accordingly, have been relocated to Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are adopted elsewhere in this issue of the Texas Register.

Texas Department of State Health Services

Adopted Rules

Repealing 25 TAC §§412.161 – 412.163, concerning DSHS’ governance of Local Mental Health Authorities

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 2. SCREENING AND ASSESSMENT FOR CRISIS SERVICES AND ADMISSION INTO LMHA SERVICES–LMHA RESPONSIBILITIES25 TAC §§412.161 – 412.163OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, §§412.161 – 412.163, outlining Local Mental Health Authority responsibilities.  Authority for the rules has been transferred to HHSC, and, accordingly, have been relocated to Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are adopted elsewhere in this issue of the Texas Register.

Texas Department of State Health Services

Adopted Rules

Repealing 25 TAC §§412.171 – 412.179, concerning DSHS’ governance of State Mental Health Facilities

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 3. ADMISSION TO SMHFS–SMHF RESPONSIBILITIES25 TAC §§412.171 – 412.179OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, §§412.171 – 412.179, outlining State Mental Health Facility responsibilities. Authority for the rules has been transferred to HHSC, and, accordingly, have been relocated to Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are adopted elsewhere in this issue of the Texas Register.

Texas Department of State Health Services

Adopted Rules

Repealing 25 TAC §§412.191 – 412.195, concerning DSHS’ governance of transfers among Local Mental Health Authorities

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 4. TRANSFERS AND CHANGING LMHAS25 TAC §§412.191 – 412.195OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, §§412.191 – 412.195, relating to transfers among Local Mental Health Authorities. Authority for the rules has been transferred to HHSC, and, accordingly, have been relocated to Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are adopted elsewhere in this issue of the Texas Register.

Texas Department of State Health Services

Adopted Rules

Repealing 25 TAC §§412.201 – 412.208, concerning DSHS’ governance of State Mental Health Facilities’ discharge planning

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 5. DISCHARGE AND ATP FROM SMHF25 TAC §§412.201 – 412.208OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, §§412.201 – 412.208, relating to discharge and absence for trial placement from State Mental Health Facilities Authority for the rules has been transferred to HHSC, and, accordingly, have been relocated to Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are adopted elsewhere in this issue of the Texas Register.

Texas Department of State Health Services

Adopted Rules

Repealing 25 TAC §412.221, concerning DSHS’ governance of Local Mental Health Authorities’ discharge planning

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 6. DISCHARGE FROM LMHA SERVICES25 TAC §412.221OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, §412.221, relating to discharge from Local Mental Health Authorities.Authority for the rules has been transferred to HHSC, and, accordingly, have been relocated to Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are adopted elsewhere in this issue of the Texas Register.

Texas Department of State Health Services

Adopted Rules

Repealing 25 TAC §§412.231 – 412.233, concerning DSHS’ governance of training, references, and distribution for mental health services

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 7. TRAINING, REFERENCES, AND DISTRIBUTION25 TAC §§412.231 – 412.233OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, §§412.231 – 412.233, relating to training, references, and distribution.Authority for the rules has been transferred to HHSC, and, accordingly, have been relocated to Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are adopted elsewhere in this issue of the Texas Register.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC §§306.151 – 306.154, concerning general provisions for HHSC’s governance of mental health services

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 1. GENERAL PROVISIONS26 TAC §§306.151 – 306.154OVERVIEWUnder Texas Administrative Code (TAC), Title 26, Part 1, the Texas Health and Human Services Commission (HHSC) adopts new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, comprising §§306.151 – 306.154, outlining general provisions for the chapter.Sections 306.151, 306.152, and 306.154 are adopted without changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319), and therefore will not be republished.Section 306.153 is adopted with changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319). This section will be republished.BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the HHSC on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The new rules in Title 26, Chapter 306 address the content of rules in Title 25, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The rules in Chapter 412 are repealed elsewhere in this issue of the Texas Register.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC §§306.161 – 306.163, concerning HHSC’s governance of Local Mental Health Authorities and Local Behavioral Health Authorities

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 2. SCREENING AND ASSESSMENT FOR CRISIS SERVICES AND ADMISSION INTO LOCAL MENTAL HEALTH AUTHORITY OR LOCAL BEHAVIORAL HEALTH AUTHORITY SERVICES–LOCAL MENTAL HEALTH AUTHORITY OR LOCAL BEHAVIORAL HEALTH AUTHORITY RESPONSIBILITIES26 TAC §§306.161 – 306.163OVERVIEWUnder Texas Administrative Code (TAC), Title 26, Part 1, the Texas Health and Human Services Commission (HHSC) adopts new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, comprising §§306.161 – 306.163, outlining responsibilities of Local Mental Health Authorities and Local Behavioral Health Authorities.Section 306.161 – 306.163 are adopted with changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319). These sections will be republished.BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the HHSC on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The new rules in Title 26, Chapter 306 address the content of rules in Title 25, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The rules in Chapter 412 are repealed elsewhere in this issue of the Texas Register.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC §§306.171 – 306.178, concerning HHSC’s governance of State Mental Health Facilities and facilities with at least one contracted psychiatric bed

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 3. ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED–PROVIDER RESPONSIBILITIES26 TAC §§306.171 – 306.178OVERVIEWUnder Texas Administrative Code (TAC), Title 26, Part 1, the Texas Health and Human Services Commission (HHSC) adopts new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, comprising §§306.171 – 306.178, outlining responsibilities for providers of mental health services.Section 306.171 – 306.178 are adopted with changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319). These sections will be republished.BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the HHSC on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The new rules in Title 26, Chapter 306 address the content of rules in Title 25, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The rules in Chapter 412 are repealed elsewhere in this issue of the Texas Register.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC §§306.191 – 306.195, concerning HHSC’s governance of transfers among Local Mental Health Authorities and Local Behavioral Health Authorities

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 4. TRANSFERS AND CHANGING LOCAL MENTAL HEALTH AUTHORITIES OR LOCAL BEHAVIORAL HEALTH AUTHORITIES26 TAC §§306.191 – 306.195OVERVIEWUnder Texas Administrative Code (TAC), Title 26, Part 1, the Texas Health and Human Services Commission (HHSC) adopts new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, comprising §§306.191 – 306.195, concerning transfers among Local Mental Health Authorities and Local Behavioral Health Authorities.Sections 306.192, and 306.193 are adopted without changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319), and therefore will not be republished.Section 306.191, 306.194, and 306.195 are adopted with changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319). These sections will be republished.BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the HHSC on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The new rules in Title 26, Chapter 306 address the content of rules in Title 25, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The rules in Chapter 412 are repealed elsewhere in this issue of the Texas Register.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC §§306.201 – 306.207, concerning HHSC’s governance of discharge planning by State Mental Health Facilities or facilities with at least one contracted psychiatric bed

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 5. DISCHARGE AND ABSENCES FROM A STATE MENTAL HEALTH FACILITY OR FACILITY WITH A CONTRACTED PSYCHIATRIC BED26 TAC §§306.201 – 306.207OVERVIEWUnder Texas Administrative Code (TAC), Title 26, Part 1, the Texas Health and Human Services Commission (HHSC) adopts new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, comprising §§306.201 – 306.207, concerning discharge and absences from a State Mental Health Facility or facility with at least one contracted psychiatric bed.Section 306.201 – 306.207 are adopted with changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319). These sections will be republished.BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the HHSC on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The new rules in Title 26, Chapter 306 address the content of rules in Title 25, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The rules in Chapter 412 are repealed elsewhere in this issue of the Texas Register.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC §306.221, concerning HHSC’s governance of mental health services training

CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEMSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEDIVISION 6. TRAINING26 TAC §306.221OVERVIEWUnder Texas Administrative Code (TAC), Title 26, Part 1, the Texas Health and Human Services Commission (HHSC) adopts new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge, comprising §306.221, concerning mental health services training.Section 306.221 is adopted with changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7319). This section will be republished.BACKGROUND AND JUSTIFICATIONAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the HHSC on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The new rules in Title 26, Chapter 306 address the content of rules in Title 25, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The rules in Chapter 412 are repealed elsewhere in this issue of the Texas Register.

Texas Health and Human Services Commission

Adopted Rules

Repealing 26 TAC §748.301, concerning reporting requirements for serious incidents at General Residential Operations

CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONSSUBCHAPTER D. REPORTS AND RECORD KEEPINGDIVISION 1. REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES26 TAC §748.301OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of §748.301, outlining reporting requirements for serious incidents at General Residential Operations. The repeal of §748.301 is adopted without changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). This rule will not be republished.BACKGROUND AND JUSTIFICATIONThe repeal will address the issue of unauthorized absences of children from General Residential Operations (GROs) by requiring GROs to take additional actions when a child leaves the operation without permission (unauthorized absence). Current rules require GROs to document when a child is absent and cannot be located for a specified timeframe, depending on the age and development level of the child. The repeal, amendments, and new sections will include additional requirements, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day timeframe, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences within each GRO.

Texas Health and Human Services Commission

Adopted Rules

Adopting new 26 TAC §748.301 and amending §§748.303 & 748.313, concerning reporting requirements for serious incidents at General Residential Operations

CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONSSUBCHAPTER D. REPORTS AND RECORD KEEPINGDIVISION 1. REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES26 TAC §§748.301, 748.303, 748.313OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new §748.301 and amendments to §748.303 and §748.313, concerning reporting requirements for serious incidents at General Residential Operations. New §748.301 and amendments to §748.303 are adopted with changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will be republished.The amendment to §748.313 is adopted without changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). This rule will not be republished.BACKGROUND AND JUSTIFICATIONThe new rule and amendments will address the issue of unauthorized absences of children from General Residential Operations (GROs) by requiring GROs to take additional actions when a child leaves the operation without permission (unauthorized absence). Current rules require GROs to document when a child is absent and cannot be located for a specified timeframe, depending on the age and development level of the child. The repeal, amendments, and new sections will include additional requirements, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day timeframe, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences within each GRO.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC, Division 6, concerning reporting requirements for unauthorized absences from General Residential Operations

CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONSSUBCHAPTER D. REPORTS AND RECORD KEEPINGDIVISION 6. UNAUTHORIZED ABSENCES26 TAC §§748.451, 748.453, 748.455, 748.457, 748.459, 748.461, 748.463OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new new Division 6, Unauthorized Absences, consisting of new §§748.451, 748.453, 748.455, 748.457, 748.459, 748.461, and 748.463, concerning unauthorized absences at General Residential Operations.New §§748.453, 748.455, 748.461, and 748.463 are adopted with changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will be republished.New §§748.451, 748.457, and 748.459 are adopted without changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules will address the issue of unauthorized absences of children from General Residential Operations (GROs) by requiring GROs to take additional actions when a child leaves the operation without permission (unauthorized absence). Current rules require GROs to document when a child is absent and cannot be located for a specified timeframe, depending on the age and development level of the child. The repeal, amendments, and new sections will include additional requirements, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day timeframe, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences within each GRO.

Texas Health and Human Services Commission

Adopted Rules

Repealing 26 TAC §749.501, concerning reporting requirements for serious incidents at Child-Placing Agencies

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIESSUBCHAPTER D. REPORTS AND RECORD KEEPINGDIVISION 1. REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES26 TAC §749.501OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts the repeal of §749.501, outlining reporting requirements for serious incidents at Child-Placing Agencies.The repeal of §749.501 adopted without changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will not be republished.BACKGROUND AND JUSTIFICATIONThe repeal address the issue of unauthorized absences of children in foster homes by requiring child-placing agencies (CPAs) to take additional actions when a child leaves a foster home without permission (unauthorized absence). Current rules require CPAs to document when a child is absent and cannot be located for a specified timeframe, depending on the age and development level of the child. The repeal, amendments, and new sections will include additional requirements for a CPA, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day timeframe, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences from the CPA’s foster homes.

Texas Health and Human Services Commission

Adopted Rules

Adopting new 26 TAC §749.501 and amending §§749.503 & 749.513, concerning reporting requirements for serious incidents at Child-Placing Agencies

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIESSUBCHAPTER D. REPORTS AND RECORD KEEPINGDIVISION 1. REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES26 TAC §§749.501, 749.503, 749.513OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new 749.501 and amendments to §§749.503, 749.513, outlining reporting requirements for serious incidents at Child-Placing Agencies.Amendments to §749.503 are adopted with changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will be republished.New §§749.501 and amendments to §749.513 are adopted without changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rule and amendments address the issue of unauthorized absences of children in foster homes by requiring child-placing agencies (CPAs) to take additional actions when a child leaves a foster home without permission (unauthorized absence). Current rules require CPAs to document when a child is absent and cannot be located for a specified timeframe, depending on the age and development level of the child. The repeal, amendments, and new sections will include additional requirements for a CPA, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day timeframe, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences from the CPA’s foster homes.

Texas Health and Human Services Commission

Adopted Rules

New 26 TAC, Division 5, concerning reporting requirements for unauthorized absences from Child-Placing Agencies

CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIESSUBCHAPTER D. REPORTS AND RECORD KEEPINGDIVISION 5. UNAUTHORIZED ABSENCES26 TAC §§749.590 – 749.596OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new Division 5, Unauthorized Absences, consisting of new §§749.590 – 749.596, concerning reporting requirements for unauthorized absences from Child-Placing AgenciesNew §§749.591, 749.592, 749.595, and 749.596 with changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will be republished.New §§749.590, 749.593, and 749.594 are adopted without changes to the proposed text as published in the December 27, 2019, issue of the Texas Register (44 TexReg 8200). These rules will not be republished.BACKGROUND AND JUSTIFICATIONThe new rules address the issue of unauthorized absences of children in foster homes by requiring child-placing agencies (CPAs) to take additional actions when a child leaves a foster home without permission (unauthorized absence). Current rules require CPAs to document when a child is absent and cannot be located for a specified timeframe, depending on the age and development level of the child. The repeal, amendments, and new sections will include additional requirements for a CPA, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day timeframe, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences from the CPA’s foster homes.

Texas Board of Occupational Therapy Examiners

Notices

Following rule review, the Board has readopted provisions located in 13 chapters of 40 TAC

The Texas Board of Occupational Therapy Examiners adopts the review of the rules in the following chapters of Title 40 Texas Administrative Code in accordance with Texas Government Code §2001.039: Chapter 361, Statutory Authority; Chapter 362, Definitions; Chapter 363, Consumer/Licensee Information; Chapter 364, Requirements for Licensure; Within Chapter 367: §367.1, Continuing Education; §367.2, Categories of Education; and §367.3, Continuing Education Audit; Chapter 368, Open Records; Chapter 369, Display of Licenses; Chapter 370, License Renewal; Chapter 371, Inactive and Retired Status; Chapter 372, Provision of Services; Chapter 373, Supervision; Chapter 374, Disciplinary Actions/Detrimental Practice/Complaint Process/Code of Ethics/Licensure of Persons with Criminal Convictions; Chapter 375, Fees.The notice of intent to review these rules was published in the March 20, 2020, issue of the Texas Register (45 TexReg 2055).The Board has assessed whether the reasons for adopting the rules continue to exist. As a result of the review, the Board finds the reasons for adopting the rules continue to exist and readopts the rules in accordance with the requirements of Texas Government Code §2001.039.

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0