10 May 2025

Texas Register May 9, 2025 Volume: 50 Number: 19

by | posted in: Governor, Texas Board of Veterinary Medical Examiners, Texas Department of State Health Services, Texas Health and Human Services Commission |

Texas Register Table of Contents

Governor

Appointments Re:

Appointed to the Texas Board of Medical Radiologic Technology for a term to expire February 1, 2031, Faraz A. Kahn.
Appointed to the Texas Board of Medical Radiologic Technology for a term to expire February 1, 2031, Regan Landreth.
Appointed to the Texas Board of Medical Radiologic Technology for a term to expire February 1, 2031, James K. “Ken” Stout.
Appointed to the Texas State Board of Social Worker Examiners for a term to expire February 1, 2031, Jason L. Bernal.
Appointed to the Texas State Board of Social Worker Examiners for a term to expire February 1, 2031, David T. Marsden.
Appointed to the Texas State Board of Social Worker Examiners for a term to expire February 1, 2031, Jennifer B. Swords.
Appointed to the Texas Medical Board for a term to expire April 13, 2031, Devinder S. Bhatia, M.D.
Appointed to the Texas Medical Board for a term to expire April 13, 2031, Luisa del Rosal.
Appointed to the Texas Medical Board for a term to expire April 13, 2031, James S. “JD” Distefano, D.O.
Appointed to the Texas Medical Board for a term to expire April 13, 2031, Mary K. “Kelly” Green, M.D.
Appointed to the Texas Medical Board for a term to expire April 13, 2031, Tomeka R. Moses.
Appointed to the Texas Medical Board for a term to expire April 13, 2031, Roberto D. “Robert” Martinez, M.D.
Appointed to the Texas Medical Board for a term to expire April 13, 2031, Jason K. Tibbels, M.D.
Appointed to the Texas State Board of Examiners of Marriage and Family Therapists for a term to expire February 1, 2031, Russell F. “Russ” Bartee, Ph.D.
Appointed to the Texas State Board of Examiners of Marriage and Family Therapists for a term to expire February 1, 2031, James Castro.
Appointed to the Texas State Board of Examiners of Marriage and Family Therapists for a term to expire February 1, 2031, William R. “Will” Price.

Texas Board of Veterinary Medical Examiners

Adopted Rules Re:

Adopting 22 TAC §571.7, to extend the time period in which an applicant who has not yet graduated from veterinary medical school may obtain a document confirming their expected graduation date to apply for the State Board Examination from 60 to 120 days.

CHAPTER 571. LICENSING
SUBCHAPTER A. GENERAL
22 TAC §571.7

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission), on behalf of the Texas Board of Veterinary Medical Examiners (TBVME), adopts an amendment to an existing rule at 22 Texas Administrative Code (TAC), Chapter 571, Subchapter A, §571.7, regarding Licensing, without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9181). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 22 TAC, Chapter 571, implement Texas Occupations Code, Chapter 801, Veterinary Licensing Act.

The proposed rule extends the time period in which an applicant for a veterinary license who has not yet graduated from veterinary medical school must obtain a document confirming their expected graduation date in order to apply for the State Board Examination (SBE) from 60 days to 120 days. This proposed rule change was suggested by a major stakeholder, Texas Tech University School of Veterinary Medicine (Texas Tech), to align with their schedule for students in their final year of school. Texas Tech fourth-year students spend most of their year at externships throughout the state but return to the campus in February of the year they graduate. Texas Tech, in an attempt to limit costs to their students, wants to proctor a SBE for their graduating students in February while the students are all on campus. By allowing the students to obtain a document confirming their expected graduation date 120 days prior to graduation, this allows Texas Tech students to take the SBE on campus in February prior to their graduation. This change will also benefit all graduating veterinary students, both in-state and out-of-state, in that it allows them to take the SBE sooner.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §571.7(f)(1) to extend the time period in which an applicant for a veterinary license who has not yet graduated from veterinary medical school must obtain a document confirming their expected graduation date in order to apply for the State Board Examination (SBE) from 60 days to 120 days.

Texas Health and Human Services Commission

Adopted Rules Re:

Adopting 26 TAC §259.61, to remove references to the DFPS and update them with references to HHSC and set forth the requirements for home and community-based settings.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 2. ENROLLMENT PROCESS, PERSON-CENTERED SERVICE PLANNING, AND REQUIREMENTS FOR HOME AND COMMUNITY-BASED SETTINGS
26 TAC §259.61

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §259.61, concerning Process for Enrollment of an Individual; §259.79, concerning Renewal and Revision of an IPC; §259.309, concerning Training of CMA Staff Persons and Volunteers; §259.317 concerning CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual; §259.357, concerning Training of DSA Staff Persons, Service Providers, and Volunteers; and §259.369, concerning DSA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual.

The amendments to §§259.61, 259.79, 259.309, 259.317, 259.357 and 259.369 are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8678). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to comply with Texas Human Resources Code §48.051(b-1), added by House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023. Section 48.051 requires a person, including an officer, employee, agent, contractor, or subcontractor of a home and community support services agency (HCSSA) licensed under Texas Health and Safety Code Chapter 142, who has cause to believe that an individual receiving services from the HCSSA, is being or has been subjected to abuse, neglect, or exploitation (ANE), to immediately report it to HHSC.

A direct service agency (DSA) in the CLASS Program must be licensed as a HCSSA and a CLASS case management agency (CMA) may be licensed as a HCSSA. To comply with Section 48.501, the amendments change the current CLASS Program ANE reporting requirement from the Texas Department of Family and Protective Services (DFPS) to HHSC. Transferring the function relating to the intake of reports of ANE from DFPS to HHSC creates a more streamlined process because HHSC is currently responsible for investigating these reports in the CLASS Program.

The amendments to the rules for CLASS CMAs and CLASS DSAs remove all references to DFPS, the DFPS Abuse Hotline toll-free telephone number, and the DFPS Abuse Hotline website and replaces them with references to HHSC, the HHSC toll-free telephone number, and the HHSC online Texas Unified Licensure Information Portal. The amendments to §259.61 and §259.79 replace a reference to Texas Administrative Code (TAC) Title 40, §49.309, that was administratively transferred to TAC Title 26, §52.117, relating to Complaint Process.

Adopting 26 TAC §259.79, to remove references to the DFPS and update them with references to HHSC and set forth the review processes.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 3. REVIEWS
26 TAC §259.79

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §259.61, concerning Process for Enrollment of an Individual; §259.79, concerning Renewal and Revision of an IPC; §259.309, concerning Training of CMA Staff Persons and Volunteers; §259.317 concerning CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual; §259.357, concerning Training of DSA Staff Persons, Service Providers, and Volunteers; and §259.369, concerning DSA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual.

The amendments to §§259.61, 259.79, 259.309, 259.317, 259.357 and 259.369 are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8678). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to comply with Texas Human Resources Code §48.051(b-1), added by House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023. Section 48.051 requires a person, including an officer, employee, agent, contractor, or subcontractor of a home and community support services agency (HCSSA) licensed under Texas Health and Safety Code Chapter 142, who has cause to believe that an individual receiving services from the HCSSA, is being or has been subjected to abuse, neglect, or exploitation (ANE), to immediately report it to HHSC.

A direct service agency (DSA) in the CLASS Program must be licensed as a HCSSA and a CLASS case management agency (CMA) may be licensed as a HCSSA. To comply with Section 48.501, the amendments change the current CLASS Program ANE reporting requirement from the Texas Department of Family and Protective Services (DFPS) to HHSC. Transferring the function relating to the intake of reports of ANE from DFPS to HHSC creates a more streamlined process because HHSC is currently responsible for investigating these reports in the CLASS Program.

The amendments to the rules for CLASS CMAs and CLASS DSAs remove all references to DFPS, the DFPS Abuse Hotline toll-free telephone number, and the DFPS Abuse Hotline website and replaces them with references to HHSC, the HHSC toll-free telephone number, and the HHSC online Texas Unified Licensure Information Portal. The amendments to §259.61 and §259.79 replace a reference to Texas Administrative Code (TAC) Title 40, §49.309, that was administratively transferred to TAC Title 26, §52.117, relating to Complaint Process.

Adopting 26 TAC §259.309, §259.317, to remove references to the DFPS and update them with references to HHSC and set forth additional CMA requirements.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER G. ADDITIONAL CMA REQUIREMENTS
26 TAC §259.309, §259.317

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §259.61, concerning Process for Enrollment of an Individual; §259.79, concerning Renewal and Revision of an IPC; §259.309, concerning Training of CMA Staff Persons and Volunteers; §259.317 concerning CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual; §259.357, concerning Training of DSA Staff Persons, Service Providers, and Volunteers; and §259.369, concerning DSA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual.

The amendments to §§259.61, 259.79, 259.309, 259.317, 259.357 and 259.369 are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8678). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to comply with Texas Human Resources Code §48.051(b-1), added by House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023. Section 48.051 requires a person, including an officer, employee, agent, contractor, or subcontractor of a home and community support services agency (HCSSA) licensed under Texas Health and Safety Code Chapter 142, who has cause to believe that an individual receiving services from the HCSSA, is being or has been subjected to abuse, neglect, or exploitation (ANE), to immediately report it to HHSC.

A direct service agency (DSA) in the CLASS Program must be licensed as a HCSSA and a CLASS case management agency (CMA) may be licensed as a HCSSA. To comply with Section 48.501, the amendments change the current CLASS Program ANE reporting requirement from the Texas Department of Family and Protective Services (DFPS) to HHSC. Transferring the function relating to the intake of reports of ANE from DFPS to HHSC creates a more streamlined process because HHSC is currently responsible for investigating these reports in the CLASS Program.

The amendments to the rules for CLASS CMAs and CLASS DSAs remove all references to DFPS, the DFPS Abuse Hotline toll-free telephone number, and the DFPS Abuse Hotline website and replaces them with references to HHSC, the HHSC toll-free telephone number, and the HHSC online Texas Unified Licensure Information Portal. The amendments to §259.61 and §259.79 replace a reference to Texas Administrative Code (TAC) Title 40, §49.309, that was administratively transferred to TAC Title 26, §52.117, relating to Complaint Process.

Adopting 26 TAC §259.357, §259.369, to remove references to the DFPS and update them with references to HHSC and set forth additional requirements.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER H. ADDITIONAL DSA REQUIREMENTS
26 TAC §259.357, §259.369

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §259.61, concerning Process for Enrollment of an Individual; §259.79, concerning Renewal and Revision of an IPC; §259.309, concerning Training of CMA Staff Persons and Volunteers; §259.317 concerning CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual; §259.357, concerning Training of DSA Staff Persons, Service Providers, and Volunteers; and §259.369, concerning DSA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual.

The amendments to §§259.61, 259.79, 259.309, 259.317, 259.357 and 259.369 are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8678). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to comply with Texas Human Resources Code §48.051(b-1), added by House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023. Section 48.051 requires a person, including an officer, employee, agent, contractor, or subcontractor of a home and community support services agency (HCSSA) licensed under Texas Health and Safety Code Chapter 142, who has cause to believe that an individual receiving services from the HCSSA, is being or has been subjected to abuse, neglect, or exploitation (ANE), to immediately report it to HHSC.

A direct service agency (DSA) in the CLASS Program must be licensed as a HCSSA and a CLASS case management agency (CMA) may be licensed as a HCSSA. To comply with Section 48.501, the amendments change the current CLASS Program ANE reporting requirement from the Texas Department of Family and Protective Services (DFPS) to HHSC. Transferring the function relating to the intake of reports of ANE from DFPS to HHSC creates a more streamlined process because HHSC is currently responsible for investigating these reports in the CLASS Program.

The amendments to the rules for CLASS CMAs and CLASS DSAs remove all references to DFPS, the DFPS Abuse Hotline toll-free telephone number, and the DFPS Abuse Hotline website and replaces them with references to HHSC, the HHSC toll-free telephone number, and the HHSC online Texas Unified Licensure Information Portal. The amendments to §259.61 and §259.79 replace a reference to Texas Administrative Code (TAC) Title 40, §49.309, that was administratively transferred to TAC Title 26, §52.117, relating to Complaint Process.

Transferred Rules Re:

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 117, Subchapter G, and Subchapter H to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 507, Subchapter Y and Subchapter Z.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 117, End Stage Renal Disease Facilities, Subchapter G, Fire Prevention and Safety Requirements, and Subchapter H, Physical Plant and Construction Requirements, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 507, End Stage Renal Disease Facilities, Subchapter Y, Fire Prevention and Safety Requirements and Subchapter Z, Physical Plant and Construction Requirements.

Transferring the HHSC rule in Texas Administrative Code, Title 26, Part 1, Chapter 370, to Title 1, Part 15, Chapter 370, Subchapter E, §370.456.

OVERVIEW

Due to a filing discrepancy by the Texas Health and Human Services Commission, the HHSC rule in Texas Administrative Code, Title 26, Part 1, Chapter 370, Human Trafficking Resource Center, §370.456, Prohibition of Provider Discrimination Based on Immunization Status, was adopted in the incorrect location and is now being transferred to Title 1, Part 15, Chapter 370, State Children’s Health Insurance Program, Subchapter E, Provider Requirements, §370.456, Prohibition of Provider Discrimination Based on Immunization Status.

Transferring the HHSC rule in Texas Administrative Code, Title 26, Part 1, Chapter 370, §370.456, to Title 1, Part 15, Chapter 370, Subchapter E, §370.456.

OVERVIEW

Due to a filing discrepancy by the Texas Health and Human Services Commission, the HHSC rule in Texas Administrative Code, Title 26, Part 1, Chapter 370, Human Trafficking Resource Center, §370.456, Prohibition of Provider Discrimination Based on Immunization Status, was adopted in the incorrect location and is now being transferred to Title 1, Part 15, Chapter 370, State Children’s Health Insurance Program, Subchapter E, Provider Requirements, §370.456, Prohibition of Provider Discrimination Based on Immunization Status.

Texas Department of State Health Services

Transferred Rules Re:

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 117, Subchapter G and Subchapter H to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 507, Subchapter Y and Subchapter Z.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 117, End Stage Renal Disease Facilities, Subchapter G, Fire Prevention and Safety Requirements, and Subchapter H, Physical Plant and Construction Requirements, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 507, End Stage Renal Disease Facilities, Subchapter Y, Fire Prevention and Safety Requirements and Subchapter Z, Physical Plant and Construction Requirements.

In Addition Re:

Licensing Actions for Radioactive Materials (.pdf)

For more information, please visit this week’s edition of the Texas Register at 50 Tex. Reg. 2842.

Licensing Actions for Radioactive Materials (.pdf)

For more information, please visit this week’s edition of the Texas Register at 50 Tex. Reg. 2849.