Texas Register May 17, 2024 Volume: 49 Number: 20

Texas Register Table of Contents

1 Texas State Board of Examiners of Marriage and Family Therapists
- - 1.0.1 Proposed Rules Re:
    - 1.0.1.1 Amending 22 TAC §801.143, to set equitable requirements for achieving supervisor status; standardize provisions concerning the automatic revocation of supervisor status after a disciplinary order; and makes typographical updates.
    - 1.0.1.2 Amending 22 TAC §801.261, to require licensees to complete one hour of continuing education in crisis management in order to renew their license.
  - 1.0.2 Withdrawn Rules Re:
    - 1.0.2.1 Withdrawing 22 TAC §801.143, to establish equitable requirements for achieving supervisor status; standardize provisions concerning automatic revocation of supervisor status after a disciplinary status; and make typographical updates.
    - 1.0.2.2 Withdrawing 22 TAC §801.261, to require the completion of one hour of continuing education in crisis management to renew a license.
2 Texas Animal Health Commission
- - 2.0.1 Adopted Rules Re:
    - 2.0.1.1 Adopting 4 TAC §49.5, §49.7, to incorporate the thoroughbred testing requirement waiver to current testing and identification requirements of equine piroplasmosis and streamline existing testing for ease of use and readability.
3 State Board of Dental Examiners
- - 3.0.1 Adopted Rules Re:
  - 3.0.2 Proposed Rule Reviews Re:
    - 3.0.2.1 Reviewing Title 22, Part 5, to consider for readoption, revision, or repeal the chapters concerning Dental Board Procedures and the Standards for Prescribing Controlled Substances and Dangerous Drugs.
4 Texas Health and Human Services Commission
- - 4.0.1 Adopted Rules Re:
5 Texas Department of Insurance
- - 5.0.1 Adopted Rules Re:
    - 5.0.1.1 Adopting 28 TAC §§3.3502, 3.3503, 3.3510, to update the definition of “plan” to include vision coverage and expand applicability to include individual and group health benefit plans or vision benefit plans.
  - 5.0.2 In Addition Re:
    - 5.0.2.1 Company Licensing — Applications to do Business
6 Teacher Retirement System of Texas
- - 6.0.1 Adopted Rules Re:
    - 6.0.1.1 Adopting 34 TAC §41.15, to establish the rules which will apply to the new Optional Dental Benefits Plan.
    - 6.0.1.2 Adopting 34 TAC §41.16, to to establish the rules which will apply to the new Optional Vision Benefits Plan.
7 Texas Board of Occupational Therapy Examiners
- - 7.0.1 Adopted Rules Re:
    - 7.0.1.1 Adopting 40 TAC §§367.1 – 367.3, to explain the two general types of acceptable continuing education activities.
  - 7.0.2 Adopted Rule Reviews Re:
    - 7.0.2.1 Adopting the review of Title 40, Part 12, concerning Consumer and Licensee Information, Requirements for Licensure, Continuing Education, Open Records, Display of Licenses, License Renewal, Inactive and Retired Status, the Provision of Services, Supervision, Disciplinary Actions/Detrimental Pratice/Complain Process/Code of Ethics/Licensure of Persons with Criminal Convictions, and Fees.
8 Texas Department of State Health Services
- - 8.0.1 Adopted Rule Reviews Re:
    - 8.0.1.1 Adopting the review of Title 25, Part 1, concerning Product Safety.
  - 8.0.2 In Addition Re:
    - 8.0.2.1 Licensing Actions for Radioactive Materials
    - 8.0.2.2 Licensing Actions for Radioactive Materials

Texas State Board of Examiners of Marriage and Family Therapists

Proposed Rules Re:

Amending 22 TAC §801.143, to set equitable requirements for achieving supervisor status; standardize provisions concerning the automatic revocation of supervisor status after a disciplinary order; and makes typographical updates.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.143

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §801.143, relating to Supervisor Requirements.

BACKGROUND AND JUSTIFICATION

The proposed amendments are intended to set equitable requirements for achieving supervisor status; to standardize provisions concerning automatic revocation of supervisor status after a disciplinary order imposes a probated suspension, suspension, or revocation of a license; and makes typographical updates.

Amending 22 TAC §801.261, to require licensees to complete one hour of continuing education in crisis management in order to renew their license.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.261

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §801.261, relating to Requirements for Continuing Education.

BACKGROUND AND JUSTIFICATION

The proposed amendments will require licensees to complete one hour of continuing education in crisis management in order to renew their license. This one hour requirement is proposed to be included in the currently required 30 hours of continuing education needed for the renewal of a license. Crisis management can include, but is not limited to, suicidal ideation, homicidal ideation, abuse or neglect, domestic violence, crisis prevention, and crisis or disaster response.

Withdrawn Rules Re:

Withdrawing 22 TAC §801.143, to establish equitable requirements for achieving supervisor status; standardize provisions concerning automatic revocation of supervisor status after a disciplinary status; and make typographical updates.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.143

OVERVIEW

The Texas State Board of Examiners of Marriage and Family Therapists withdraws proposed amendments to §801.143 which appeared in the April 12, 2024, issue of the Texas Register (49 TexReg 2244).

Withdrawing 22 TAC §801.261, to require the completion of one hour of continuing education in crisis management to renew a license.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.261

OVERVIEW

The Texas State Board of Examiners of Marriage and Family Therapists withdraws proposed amendments to §801.261 which appeared in the April 12, 2024, issue of the Texas Register (49 TexReg 2246).

Texas Animal Health Commission

Adopted Rules Re:

Adopting 4 TAC §49.5, §49.7, to incorporate the thoroughbred testing requirement waiver to current testing and identification requirements of equine piroplasmosis and streamline existing testing for ease of use and readability.

CHAPTER 49. EQUINE
4 TAC §49.5, §49.7

OVERVIEW

The Texas Animal Health Commission (commission) in a duly noticed meeting on April 30, 2024, adopted amendments to Title 4, Texas Administrative Code, Chapter 49 titled “Equine.” Specifically, amendments are proposed to §49.5 regarding Piroplasmosis: Testing, Identification of Infected Equine, and §49.7 regarding Persons or Laboratories Performing Equine Infectious Anemia Tests. The amendments are adopted with nonsubstantive changes to the proposed text published in the March 8, 2024, issue of the Texas Register (49 TexReg 1381) and will be republished.

BACKGROUND AND JUSTIFICATION

The commission adopts amendments to §49.5 which establishes testing and identification requirements of equine piroplasmosis. Equine piroplasmosis is a tick-borne protozoal infection of horses. At least one species of tick, Amblyomma cajennense, has proven capable of transmitting the blood parasite. This species of tick is endemic to South Texas and several other southern states. Also, the disease may be spread between horses by unsafe animal husbandry practices such as sharing needles or equipment that is contaminated with blood. This has brought about the disclosure that there is a distinct group of positive animals which are for the purpose of racing, either through sanctioned events or otherwise.

In 2011, the commission took action to safeguard Texas equine population by requiring all equine participating in racing events at a sanctioned racetrack facility to have a negative piroplasmosis test. The requirement was put in place to ensure that the positive animals are disclosed as well as to protect other animals participating in such events. Since 2010, there has not been a disclosed piroplasmosis positive thoroughbred horse participating in sanctioned racing. As such, the commission approved a temporary waiver of the requirement that thoroughbred horses be tested for piroplasmosis prior to entering a racetrack facility licensed by the Texas Racing Commission on July 26, 2022.

The adopted amendments to §49.5 incorporate the thoroughbred testing requirement waiver. The adopted amendments also streamline the existing testing and identification requirements for ease of use and readability.

Additionally, the commission adopts amendments to §49.7 regarding Persons or Laboratories Performing Equine Infectious Anemia Tests. The section previously referred readers to an outdated section in the Code of Federal Regulations. The adopted amendment updates the citation.

State Board of Dental Examiners

Adopted Rules Re:

Adopting 22 TAC §101.6, to require the board to process a military service member, military spouse, or military veteran’s application for alternative licensing within 30 days from a receipt of the application and issue a license to a qualified applicant.

CHAPTER 101. DENTAL LICENSURE
22 TAC §101.6

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §101.6, concerning dental licensing for military service members, military veterans, and military spouses. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1842), and will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 22 TAC §101.14, to include “military service members” in the title of Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023) and make the rule applicable to both military service members and military spouses; require that the Board verify the licensure and issue an authorization to practice within 30 days of the date a military service member or military spouse submits the information required; and in the event of divorce or a similar event that changes a military spouse’s status, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice.

CHAPTER 101. DENTAL LICENSURE
22 TAC §101.14

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §101.14, concerning exemption from licensure for certain military service members and military spouses. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1843), and will not be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the adoption is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the adopted amendment includes “military service members” in the title and makes the rule applicable to military service members in addition to military spouses. The adopted amendment also adds a requirement that the Board verify the licensure and issue an authorization to practice recognizing the licensure within 30 days of the date a military service member or military spouse submits the information required by the rule. The adopted amendment further provides that, in the event of a divorce or similar event that affects a person’s status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the adopted amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.

Adopting 22 TAC §102.1, to define license renewal fees; fees for the application of a local infiltration anesthesia certificate; fees to reactivate a retired dental assistant registration or reinstate a cancelled dental assistant registration; and implement changes for the Texas Online fee to implement the Fiscal year 2024 Texasgov Fee Schedule and the National Practitioner Data Bank (NPDB) fee to implement the NPDB’s increased continuous query fee.

CHAPTER 102. FEES
22 TAC §102.1

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §102.1, concerning fees. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1845), and will not be republished.

The adopted amendment implements Section 257.002(c) – (c-1) of the Texas Occupations Code by requiring licensees whose license is expired for 90 days or less to pay a renewal fee that is equal to 1 1/2 times the normally required renewal fee, and whose license is expired for more than 90 days but less than one year to pay a renewal fee that is equal to two times the normally required renewal fee.

The adopted amendment requires dental hygienists to pay a fee to apply for a local infiltration anesthesia certificate in accordance with Sections 258.001 and 262.002 of the Texas Occupations Code, and 22 TAC §115.10.

The adopted amendment requires registered dental assistants to pay a fee to reactivate a retired registration, and to reinstate a cancelled registration, in accordance with 22 TAC §114.8 and §114.13.

The adopted amendment changes the Texas Online fee to implement the Fiscal Year 2024 Texas.gov Fee Schedule. The updated fees were lower resulting in an overall smaller fee.

The adopted amendment changes the National Practitioner Data Bank (NPDB) fee to implement the NPDB’s increased continuous query fee from $2.00 to $2.50.

Adopting 22 TAC §103.10, to include “military service members” in the title of Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023) and make the rule applicable to both military service members and military spouses; require that the Board verify the licensure and issue an authorization to practice within 30 days of the date a military service member or military spouse submits the information required; and in the event of divorce or a similar event that changes a military spouse’s status, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice

CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.10

OVERVIEW

The State Board of Dental Examiners (Board) adopts amendments to 22 TAC §103.10, concerning exemption from licensure for certain military service members and military spouses. This rule is adopted with no changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1846), and will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 22 TAC §114.5, to remove the work experience requirement for a dental assistant who graduated from a CODA-accredited program and reduce the work experience requirement to one year for dental assistants who did not graduate from a CODA-accredited program.

CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL ASSISTANTS
22 TAC §114.5

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §114.5, concerning coronal polishing requirements for dental assistants. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1847), and will not be republished.

BACKGROUND AND JUSTIFICATION

The intent of the adopted amendment is (1) to make it easier for dental assistants who have completed their training at a CODA-accredited program to begin coronal polishing without having to wait on gaining one year of work experience, and (2) to reduce the work experience requirement from two years to one year for dental assistants who did not graduate from a CODA-accredited program. Accordingly, the adopted amendment removes the work experience requirement for a dental assistant who graduated from a CODA-accredited program, and requires one-year work experience for a dental assistant who has not graduated from a CODA-accredited program before the dental assistant can apply to a CODA-accredited program to obtain coronal polishing education.

Adopting 22 TAC §114.7, to include “military service members” in the title of Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023) and make the rule applicable to both military service members and military spouses; require that the Board verify the licensure and issue an authorization to practice within 30 days of the date a military service member or military spouse submits the information required; and in the event of divorce or a similar event that changes a military spouse’s status, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice

CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL ASSISTANTS
22 TAC §114.7

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §114.7, concerning exemption from licensure for certain military service members and military spouses. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1848), and will not be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the adoption is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the adopted amendment includes “military service members” in the title and makes the rule applicable to military service members in addition to military spouses. The adopted amendment also adds a requirement that the Board verify the registration and issue an authorization to practice recognizing the registration within 30 days of the date a military service member or military spouse submits the information required by the rule. The adopted amendment further provides that, in the event of a divorce or similar event that affects a person’s status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the adopted amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.

Adopting 22 TAC §115.10, to set out the required certifications and standards for the administration of a local anesthetic agent by a dental hygienist as set out in House Bill 3824 of the 88th Texas Legislature, Regular Session (2023).

CHAPTER 115. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL HYGIENE
22 TAC §115.10

OVERVIEW

The State Board of Dental Examiners (Board) adopts new rule 22 TAC §115.10, concerning the administration of local infiltration anesthesia by a dental hygienist. The adopted new rule pertains to the certification and standards for the administration of a local anesthetic agent by a dental hygienist as set out in House Bill 3824 of the 88th Texas Legislature, Regular Session (2023), and codified at Sections 258.001 and 262.002 of the Texas Occupations Code. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1850), and will not be republished.

This rule was initially published in the December 15, 2023, issue of the Texas Register. As a result of stakeholder feedback, the Board voted to re-propose this rule with changes at its February 16, 2024 meeting. The re-proposal was published in the March 22, 2024, issue of the Texas Register.

Proposed Rule Reviews Re:

Reviewing Title 22, Part 5, to consider for readoption, revision, or repeal the chapters concerning Dental Board Procedures and the Standards for Prescribing Controlled Substances and Dangerous Drugs.

The Texas State Board of Dental Examiners (Board) files this Notice of Intent to Review to consider for re-adoption, revision, or repeal the chapters listed below, in their entirety, contained in Title 22, Part 5, of the Texas Administrative Code. This review is being conducted in accordance with Texas Government Code §2001.039.

Rule Chapters Under Review:

-Chapter 107, Dental Board Procedures

-Chapter 111, Standards for Prescribing Controlled Substances and Dangerous Drugs

Texas Health and Human Services Commission

Adopted Rules Re:

Adopting 26 TAC §88.2, to update terms in the rule.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER A. PURPOSE AND DEFINITIONS
26 TAC §88.2

OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§88.2, 88.101, 88.102, 88.104, 88.105, 88.201, 88.305, 88.307, 88.403, 88.404, 88.406, and 88.501; new §§88.106, 88.107, 88.202, 88.405, 88.407, 88.408, 88.409, 88.601, 88.602, and 88.603; and the repeal of §§88.309, 88.405, and 88.407.

BACKGROUND AND JUSTIFICATION

The State Long-Term Care Ombudsman Program (Ombudsman Program) is a federally and state funded program authorized by §711 and §712 of the Older Americans Act (Title 42 United States Code §3058f and §3058g). The Ombudsman program protects and advocates for the health, safety, welfare, and rights of residents of nursing facilities and assisted living facilities.

Adopting 26 TAC §§88.101, 88.102, 88.104 – 88.107, to update the format of the rules, describe an onsite visit of a local ombudsman entity and a host agency, and to explain the purpose of a desk review.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER B. ESTABLISHMENT OF THE OFFICE
26 TAC §§88.101, 88.102, 88.104 – 88.107

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§88.2, 88.101, 88.102, 88.104, 88.105, 88.201, 88.305, 88.307, 88.403, 88.404, 88.406, and 88.501; new §§88.106, 88.107, 88.202, 88.405, 88.407, 88.408, 88.409, 88.601, 88.602, and 88.603; and the repeal of §§88.309, 88.405, and 88.407.

BACKGROUND AND JUSTIFICATION

Adopting 26 TAC §88.201, §88.202, to provide a specific description of the records to which a certified ombudsman has access and to describe when and the type of form a certified ombudsman must provide when requesting access to a confidential record.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER C. ACCESS BY THE STATE OMBUDSMAN AND REPRESENTATIVES OF THE OFFICE
26 TAC §88.201, §88.202

OVERVIEW

BACKGROUND AND JUSTIFICATION

Adopting 26 TAC §88.305, §88.307, to explain when an ombudsman is required to tell a complainant that a complaint will be investigated and the timeline of when a local ombudsman must enter activities and casework into the ombudsman database.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER D. REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY
26 TAC §88.305, §88.307

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 26 TAC §88.309, to delete an unnecessary rule pertaining to grievances which is addressed in new Subchapter G.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER D. REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY
26 TAC §88.309

OVERVIEW

BACKGROUND AND JUSTIFICATION

Adopting 26 TAC §§88.403 – 88.409, to reformat the rules, describe performance measures, include procedures for approval of staffing plans, and explain certain non-compliance procedures.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER E. REQUIREMENTS OF A HOST AGENCY
26 TAC §§88.403 – 88.409

OVERVIEW

BACKGROUND AND JUSTIFICATION

Repealing 26 TAC §88.405, §88.407, to delete unnecessary rules which have been replaced by other proposed rules.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER E. REQUIREMENTS OF A HOST AGENCY
26 TAC §88.405, §88.407

OVERVIEW

BACKGROUND AND JUSTIFICATION

Adopting 26 TAC §88.501, to correct a reference to another rule.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER F. REQUIREMENTS OF HHSC
26 TAC §88.501

OVERVIEW

BACKGROUND AND JUSTIFICATION

Adopting 26 TAC §§88.601 – 88.603, to describe the grievance procedures concerning the performance of a representative of the Office who is an employee, independent contractor, volunteer of a Host Agency, the State Ombudsman, or a representative of the Office who is an employee or volunteer of HHSC, and reconsideration procedures for a person whose certification was refused, suspended, or terminated.

CHAPTER 88. STATE LONG-TERM CARE OMBUDSMAN PROGRAM
SUBCHAPTER G. GRIEVANCES
26 TAC §§88.601 – 88.603

OVERVIEW

BACKGROUND AND JUSTIFICATION

Adopted Rule Reviews Re:

Adopting the review of Title 26, Part 1, concerning the Continuity of Services for State Facilities.

The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 904, Continuity of Services–State Facilities

Notice of the review of this chapter was published in the March 1, 2024, issue of the Texas Register (49 TexReg 1289). HHSC received no comments concerning this chapter.

Texas Department of Insurance

Adopted Rules Re:

Adopting 28 TAC §§3.3502, 3.3503, 3.3510, to update the definition of “plan” to include vision coverage and expand applicability to include individual and group health benefit plans or vision benefit plans.

CHAPTER 3. LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
SUBCHAPTER V. COORDINATION OF BENEFITS
28 TAC §§3.3502, 3.3503, 3.3510

OVERVIEW

The Texas Department of Insurance (TDI) proposes to amend 28 TAC §§3.3502, 3.3503, and 3.3510, concerning the applicability of coordination of benefits (COB) to vision and eye care plans. The proposed amendments implement Senate Bill 861, 88th Legislature, 2023, and Senate Bill 1367, 83rd Legislature, 2013. TDI also proposes nonsubstantive amendments to §3.3502 and §3.3503.

BACKGROUND AND JUSTIFICATION

The proposed amendments enact changes in accordance with SB 1367, which abolished the Texas Health Insurance Pool, and SB 861, which specifies COB requirements for vision benefit plans under Insurance Code Chapter 1203, Subchapter C. SB 861 sets out provisions for the coordination of vision and eye care benefits. It also specifies the responsibilities of the primary and secondary issuers of an applicable health or vision benefit plan for an enrollee who is covered by at least two different health or vision benefit plans that provide the enrollee coverage for the same vision or medical eye care services, procedures, or products.

In Addition Re:

Company Licensing — Applications to do Business

Application to do business in the state of Texas for Generali USA Insurance Company, a foreign fire and/or casualty company. The home office is in New York, New York.

Application to do business in the state of Texas for Aria Care Insurance, Inc., a foreign life, accident, and/or health company. The home office is in Springfield, Missouri.

Application for incorporation in the state of Texas for Astiva Health of Texas, LLC, a domestic Health Maintenance Organization (HMO). The home office is in Texas.

Application for Consolidated National Insurance Company, a foreign fire and/or casualty company, to change its name to Drivers Edge Insurance Company. The home office is in Traverse City, Michigan.

Any 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 John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.

Teacher Retirement System of Texas

Adopted Rules Re:

Adopting 34 TAC §41.15, to establish the rules which will apply to the new Optional Dental Benefits Plan.

CHAPTER 41. HEALTH CARE AND INSURANCE PROGRAMS
SUBCHAPTER A. RETIREE HEALTH CARE BENEFITS (TRS-CARE)
34 TAC §41.15

OVERVIEW

The Board of Trustees of the Teacher Retirement System of Texas (TRS) proposes new §41.15 (relating to Optional Dental Benefits Plan) under Subchapter A (relating to Retiree Health Care Benefits (TRS-CARE)) of Chapter 41 in Part 3 of Title 34 of the Texas Administrative Code.

BACKGROUND AND JUSTIFICATION

The purpose of this proposed new rule is to implement Senate Bill (S.B.) 1854, 88th Legislature, Regular Session, 2023.

S.B. 1854 amended Chapter 1575 of the Insurance Code (TRS-Care) by adding a new Section 1575.1601, concerning Group Benefits for Dental and Vision Care, requiring the Board of Trustees (“the trustee”) to establish or contract for and make available under the group program an optional plan that provides coverage for dental care.

Proposed new §41.15 implements Insurance Code §1575.1601 by establishing the rules that will apply to the optional dental benefits plan, including eligibility terms, definition of the plan year, enrollment and disenrollment terms, payment of contributions towards coverage, effective dates of coverage, expulsion for fraud, and competitive bidding.

Adopting 34 TAC §41.16, to to establish the rules which will apply to the new Optional Vision Benefits Plan.

CHAPTER 41. HEALTH CARE AND INSURANCE PROGRAMS
SUBCHAPTER A. RETIREE HEALTH CARE BENEFITS (TRS-CARE)
34 TAC §41.16

OVERVIEW

The Board of Trustees of the Teacher Retirement System of Texas (TRS) proposes new §41.16 (relating to Optional Vision Benefits Plan) under Subchapter A (relating to Retiree Health Care Benefits (TRS-CARE)) of Chapter 41 in Part 3 of Title 34 of the Texas Administrative Code.

BACKGROUND AND JUSTIFICATION

The purpose of this proposed new rule is to implement Senate Bill (S.B.) 1854, 88th Legislature, Regular Session, 2023.

Proposed new §41.16 implements Insurance Code §1575.1601 by establishing the rules that will apply to the optional vision benefits plan, including eligibility terms, definition of the plan year, enrollment and disenrollment terms, payment of contributions towards coverage, effective dates of coverage, expulsion for fraud, and competitive bidding.

Texas Board of Occupational Therapy Examiners

Adopted Rules Re:

Adopting 40 TAC §§367.1 – 367.3, to explain the two general types of acceptable continuing education activities.

CHAPTER 367. CONTINUING EDUCATION
40 TAC §§367.1 – 367.3

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §367.1, Continuing Education; §367.2, Categories of Education; and §367.3, Continuing Education Audit. The amendments are proposed to revise current continuing education requirements, including to update requirements and assist the board in ensuring that continuing education activities taken for license renewal ensure the health, safety, and welfare of the public and directly concern occupational therapy. The amendments are also proposed to enhance the clarity of the requirements contained in and the general consistency of the chapter, to further refine the requirements for continuing education activities to ensure that relevant documentation is required and that licensees have complied with continuing education requirements, and to ensure that continuing education documentation is adequately retained. In tandem with the changes, the general structure of the sections has been reorganized for clarity.

BACKGROUND AND JUSTIFICATION

The amendments to the sections include changes to redefine acceptable continuing education activities. The revisions enumerate two general types of acceptable activities, which are eligible for continuing education credit: those that are pre-approved for continuing education credit and other activities that meet further requirements in Chapter 367, Continuing Education, of the board rules. These two types of activities generally correspond to those that are currently eligible for continuing education credit.

Adopted Rule Reviews Re:

Adopting the review of Title 40, Part 12, concerning Consumer and Licensee Information, Requirements for Licensure, Continuing Education, Open Records, Display of Licenses, License Renewal, Inactive and Retired Status, the Provision of Services, Supervision, Disciplinary Actions/Detrimental Pratice/Complain Process/Code of Ethics/Licensure of Persons with Criminal Convictions, and Fees.

OVERVIEW

The Texas Board of Occupational Therapy Examiners readopts the rules in the following chapters of Title 40, Part 12 of the 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; Chapter 367, Continuing Education; 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; and Chapter 375, Fees. The notice of intent to review these rules was published in the February 23, 2024, issue of the Texas Register (49 TexReg 1106).

Texas Department of State Health Services

Adopted Rule Reviews Re:

Adopting the review of Title 25, Part 1, concerning Product Safety.

The Texas Health and Human Services Commission (HHSC), in its own capacity and on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):

Chapter 205, Product Safety

Notice of the review of this chapter was published in the March 15, 2024, issue of the Texas Register (49 TexReg 1740). HHSC received no comments concerning this chapter.

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 3607.

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 49 Tex Reg 3614.