Texas Register November 21, 2025 Volume: 50 Number: 47

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments Re:
2 State Board of Dental Examiners
- - 2.0.1 Adopted Rules Re:
    - 2.0.1.1 Adopting 22 TAC §103.2, to change the remediation requirements for dental hygiene licensure by allowing applicants to take a remediation course before or after passing an examination to provide greater flexibility and allowing Board staff to approve the remediation course.
    - 2.0.1.2 Adopting 22 TAC §108.16, to specify the required informed consent documentation when licensees perform teledentistry dental services.
  - 2.0.2 Proposed Rule Reviews Re:
    - 2.0.2.1 Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning radiation control.
3 Texas Board of Nursing
- - 3.0.1 Adopted Rules Re:
    - 3.0.1.1 Adopting 22 TAC §217.5, §217.9, to implement a new “similar in scope of practice” standard for licensing requirements and provide that a nurse may now change their licensure status by submitting the nurse license deactivation from through the Texas Nurse Portal.
  - 3.0.2 Adopted Rule Reviews Re:
    - 3.0.2.1 Adopting Title 22, Part 11, concerning Pain Management.
4 Texas Department of State Health Services
- - 4.0.1 Adopted Rules Re:
  - 4.0.2 Proposed Rule Reviews Re:
    - 4.0.2.1 Reviewing Title 27, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Texas Home Living Program and Community First Program.
5 Texas Board of Occupational Therapy Examiners
- - 5.0.1 Adopted Rules Re:
6 Texas Health and Human Services Commission

Governor

Appointments Re:

Appointed to the Dental Review Committee for a term to expire February 1, 2031, Danielle R. Franklin, D.D.S.

Appointed to the Dental Review Committee for a term to expire February 1, 2031, Lois M. Palermo.

Appointed to the Dental Review Committee for a term to expire February 1, 2031, Raymond L. Wiggins, D.D.S., M.D.

Appointed to the Texas Council on Alzheimer’s Disease and Related Disorders for a term to expire August 31, 2031, Kathey G. Comer.

Appointed to the Texas Council on Alzheimer’s Disease and Related Disorders for a term to expire August 31, 2031, D. Bailey Wynne.

State Board of Dental Examiners

Adopted Rules Re:

Adopting 22 TAC §103.2, to change the remediation requirements for dental hygiene licensure by allowing applicants to take a remediation course before or after passing an examination to provide greater flexibility and allowing Board staff to approve the remediation course.

CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.2

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §103.2, pertaining to dental hygiene licensure by examination. The amendment is adopted without changes to the proposed text as published in the September 12, 2025, issue of the Texas Register (50 TexReg 6003) and will not be republished. The adopted amendment changes the remediation requirements by (1) allowing applicants to take a remediation course before or after passing an examination to give applicants flexibility on when to take the course, and (2) allowing Board staff to approve the remediation course.

Adopting 22 TAC §108.16, to specify the required informed consent documentation when licensees perform teledentistry dental services.

CHAPTER 108. PROFESSIONAL CONDUCT
SUBCHAPTER A. PROFESSIONAL RESPONSIBILITY
22 TAC §108.16

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §108.16, pertaining to teledentistry. The amendment is adopted without changes to the proposed text as published in the September 12, 2025, issue of the Texas Register (50 TexReg 6004) and will not be republished. The adopted rule specifies the informed consent documentation that is required when licensees perform teledentistry dental services. The Board adopts this rule in accordance with House Bill 1700 of the 89th Texas Legislature, Regular Session (2025), and Chapter 111, Texas Occupations Code.

The American Association of Orthodontists (AAO) and Texas Association of Orthodontists (TAO) submitted a written comment in support of adoption of the rule as proposed. They state that the rule appropriately ensures that patients are clearly informed of the nature, risks, benefits, and limitations of remote dental care, and that such consent is documented in a manner that is consistent with the ethical and professional standards of the dental profession. No changes to this rule were made as a result of the comment.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety, and under Chapter 111, Texas Occupations Code.

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal of the chapter concerning radiation control.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 289, Radiation Control

Texas Board of Nursing

Adopted Rules Re:

Adopting 22 TAC §217.5, §217.9, to implement a new “similar in scope of practice” standard for licensing requirements and provide that a nurse may now change their licensure status by submitting the nurse license deactivation from through the Texas Nurse Portal.

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE
22 TAC §217.5, §217.9

OVERVIEW

The Texas Board of Nursing (Board) adopts amendments to 22 Texas Administrative Code §217.5, relating to Temporary License and Endorsement, and §217.9, relating to Inactive and Retired Status without changes to the proposed text published in the September 19, 2025, issue of the Texas Register (50 TexReg 6186). The rules will not be republished.

BACKGROUND AND JUSTIFICATION

In 2019, the Texas Legislature enacted S.B. 1200, creating Texas Occupations Code §55.0041, which recognizes out-of-state occupational licenses for the spouse of a military service member. This provision facilitates the portability of licenses, allowing military spouses to maintain their careers when relocating due to military assignments without the need to re-do coursework or testing for licensure in each new state.

In 2021, during the 87th Regular Legislative Session, the Legislature amended Texas Occupations Code §55.0041 through the enactment of H.B. 139. This amendment required state agencies that issue licenses with residency requirements to adopt rules specifying the documentation needed by military spouses to establish residency for licensure purposes. It also allowed the submission of a military spouse’s Permanent Change of Station (PCS) orders to establish eligibility.

During the 88th Legislative Session, S.B. 422 further amended §55.0041, expanding the scope of the occupational licensing reciprocity to include military service members. This change allows service members who frequently relocate to continue providing services, such as nursing, in Texas even when they have been licensed in another state, helping address workforce shortages.

In 2025, H.B. 5629 was enacted during the 89th Regular Legislative Session, making additional revisions to §55.004 and §55.0041. This legislation specifies the criteria for licensure, requiring that military service members or their spouses hold a current, out-of-state license similar in scope to Texas licensure and remain in good standing with the original state’s licensing authority. The bill also specifies required documentation for applicants, including military orders, marriage certificates for spouses, and notarized affidavits. Furthermore, H.B. 5629 mandates that state agencies process military-related licensure applications within 10 business days and maintain a record of complaints made against military service members, veterans, or spouses who hold or are applying for licensure. Complaints are to be posted on the agency’s website quarterly.

As Texas is a member of the Enhanced Nurse Licensure Compact (eNLC), which facilitates multistate practice for nurses in 43 states, this compact does not require the additional documentation specified in H.B. 5629. However, for military service members and spouses who do not hold a multistate license, the amendments clarify the process for licensure under §55.0041.

The Board commends the Legislature for streamlining the licensure process for military families seeking to practice nursing in Texas. In response, the Board adopts the proposed amendments to operationalize the requirements in H.B. 5629.

Additionally, the Board adopts amendments to 22 Texas Administrative Code §217.9 related to inactive and retired licensure status. These changes are necessary to update the rules to align with current practices and to allow for online licensure status changes, improving efficiency for both the agency and license holders.

Adopted Rule Reviews Re:

Adopting Title 22, Part 11, concerning Pain Management.

In accordance with Government Code §2001.039, the Texas Board of Nursing (Board) filed a notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapter contained in Title 22, Part 11, of the Texas Administrative Code, pursuant to the 2026 rule review plan adopted by the Board at its July 2025 meeting, in the September 26, 2025, issue of the Texas Register (50 TexReg 6347).

Chapter 225. RN Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions (§§225.1 – 225.15)

Chapter 228. Pain Management (§228.1, §228.2)

Texas Department of State Health Services

Adopted Rules Re:

Adopting 25 TAC §1.81, to repeal the rule.

CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER F. LICENSURE EXEMPTIONS
25 TAC §1.81

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse, and §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans; and new §1.81, concerning Recognition of Out-of-State License of a Military Service Member or Military Spouse, and §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.

Sections 1.81 and 1.91 are adopted without changes to the proposed text as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6195). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals and new sections are necessary to comply with Senate Bill (SB) 1818 and House Bill (HB) 5629, 89th Regular Session, 2025.

SB 1818 amends Texas Occupations Code (TOC) §55.004 and §55.0041 to allow a military service member, a military veteran, or a military spouse to receive a provisional license upon receipt of a complete application, if the applicant meets the existing criteria outlined in TOC §55.004 or §55.0041. To qualify, the applicant must hold a current license in good standing from another jurisdiction with licensing requirements similar in scope to those in Texas.

HB 5629 amends Texas Occupations Code §55.004 and §55.0041 to require state agencies to recognize out-of-state licenses that are in good standing and similar in scope of practice to a Texas license, and to issue a corresponding Texas license. The bill also changes the documentation required in an application, shortens the time by which the agency must process an application, and defines “good standing.”

Adopting 25 TAC §1.81, to allow a provisional license to be issued to any military service member or a military spouse who submits an application and meets the necessary requirements.

CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER F. LICENSURE EXEMPTIONS
25 TAC §1.81

OVERVIEW

Sections 1.81 and 1.91 are adopted without changes to the proposed text as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6195). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals and new sections are necessary to comply with Senate Bill (SB) 1818 and House Bill (HB) 5629, 89th Regular Session, 2025.

Adopting 25 TAC §1.91, to repeal the rule.

CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER G. ALTERNATIVE LICENSING FOR MILITARY
25 TAC §1.91

OVERVIEW

Sections 1.81 and 1.91 are adopted without changes to the proposed text as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6195). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals and new sections are necessary to comply with Senate Bill (SB) 1818 and House Bill (HB) 5629, 89th Regular Session, 2025.

Adopting 25 TAC §1.91, to allow a provisional license to be issued to any military service member, military veteran, or a military spouse who submits an application and meets the necessary requirements

CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER G. ALTERNATIVE LICENSING FOR MILITARY
25 TAC §1.91

OVERVIEW

Sections 1.81 and 1.91 are adopted without changes to the proposed text as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6195). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals and new sections are necessary to comply with Senate Bill (SB) 1818 and House Bill (HB) 5629, 89th Regular Session, 2025.

Proposed Rule Reviews Re:

Reviewing Title 27, Part 1, to consider for readoption, revision, or repeal of the chapter concerning Texas Home Living Program and Community First Program.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 262 – Texas Home Living (TxHmL) Program and Community First Choice (CFC)

Texas Board of Occupational Therapy Examiners

Adopted Rules Re:

Adopting 40 TAC §361.1, to cleanup the section by replacing outdated references.

CHAPTER 361. STATUTORY AUTHORITY
40 TAC §361.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §361.1. Statutory Authority. The amendments cleanup the section. The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5677) and will not be republished.

The amendments to the section concern cleanups, including to replace, with regard to the location of the Board’s practice act, an outdated reference to the Texas Civil Statutes with one to the Texas Occupations Code, the latter which is the current location of such.

Adopting 40 TAC §§364.1 – 364.5, to add clarifying language and adds language to §364.3(d) to clarify emphasize that failure to take the examination during the eligibility window will render the license void.

CHAPTER 364. REQUIREMENTS FOR LICENSURE
40 TAC §§364.1 – 364.5

OVERVIEW

The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §364.1. Requirements for Licensure, §364.2. Initial License by Examination, §364.3. Temporary License, §364.4. Licensure by Endorsement, and §364.5. Recognition of Out-of-State License of Military Service Members and Military Spouses. The amendments revise the sections, including to cleanup and clarify the sections, make changes to enhance the alignment of the sections with the Board’s new licensing system, revise requirements, in general, and amend the sections pursuant to House Bill 5629 and Senate Bill 1818 of the 89th Regular Legislative Session and the changes effective September 1, 2025, that were made by such to Texas Occupations Code Chapter 55. The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5678). The amendments will not be republished.

The amendments to the sections include cleanups and clarifications. For example, clarifying language is added, with regard to applications, that such are prescribed by the Board and cleanups include replacing “Examination” with “Exam” in §364.3, with regard to a form received from the National Board for Certification in Occupational Therapy (NBCOT).

Clarifications to the sections include a revision to §364.3(d) as well. The current §364.3(c)(3) already requires that to be issued a temporary license, an applicant must submit the form noted above, which must be sent directly to the Board by NBCOT and which reflects the eligibility window in which the applicant will take the examination. §364.3(d) also currently stipulates, correspondingly, that if the applicant fails the examination, fails to take the examination during the eligibility window as stated on the Confirmation of Examination Registration and Eligibility to Examine form from NBCOT, or fails to have the score reported, the temporary license is void and must be returned to the Board. The amendments will add to such the phrase “received pursuant to subsection (c)(3) of this section,” with regard to the noted form. Such a clarification will add to the provision further emphasis that failure to take the examination during the eligibility window as stated on the form that was received prior to and as a condition for the issuance of the license will render the license void.

A clarification is also made to add language to §364.1(d)(1) to align such better with Texas Occupations Code §55.007, which concerns the crediting, with regard to applicants with military experience, of verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the state agency. §55.007 includes that individuals with a restricted license or who have an unacceptable criminal history according to the law applicable to the state agency are not eligible for such a service and amendments to §364.1(d)(1) add related language.

The amendments, in addition, include revisions to better align the sections with the Board’s new licensing system and facilitate a more efficient licensing process, for example, by requiring that those applying for a temporary license submit an application for such. This will assist the Board in obtaining necessary application materials and information and ensure that the section requires an application as, due to system components in the new system, the application for temporary licensure could no longer be embedded in the application for initial licensure.

A general change to the requirements in the sections pertains to removing the item in §364.1 concerning continuing an expired initial-licensing application for an additional year by submitting the application fee. The change to remove this process is made to increase the consistency in the rules and align such with the Board’s other licensing applications, which expire after one year, after which time, a new, up-to-date application must be submitted. The change will ensure that applicants meet current application requirements and that the information and required items submitted for such are accurate and not outdated.

Changes are also made pursuant to the 89th Legislative Session and House Bill 5629 and Senate Bill 1818, which amend Texas Occupations Code Chapter 55. The changes, which address fee waivers, expedited services, complaint recording and publishing information, and licensure requirements for military service members, military veterans, and military spouses, and the recognition of an out-of-state license for a military service member and military spouse, will align the sections and requirements with the recent legislation.

Adopting 40 TAC §369.1, to improve language clarity and to improve alignment with the Board’s new licensing system.

CHAPTER 369. DISPLAY OF LICENSES
40 TAC §369.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §369.1. Display of Licenses. The amendments cleanup and clarify the section and make changes to enhance the alignment of the section with the Board’s new licensing system. The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5683) and will not be republished.

The amendments to the section include cleanups and clarifications. A cleanup is made, for instance, to remove language concerning a verification resource to match a similar change made elsewhere in the board rules as part of prior rulemaking and to align related online license verification information with other extant language in the board rules. With regard to fees for a replacement license, the amendments will clarify that such are set by the Executive Council of Physical Therapy and Occupational Therapy Examiners.

Amendments to the section also include further clarifications and better align the section with the Board’s new licensing system, which will facilitate a more efficient license-replacement process. Currently, the section requires a written request for a replacement license and the Board provides a related form licensees may access on its website. The amendments will remove a reference to a written request and instead add language that requires a form as prescribed by the Board. The changes will assist the Board in ensuring that the necessary materials and information are submitted in a standardized format and align the rule better with the new licensing system, which requires an application for the online submission of a request.

Adopting 40 TAC §§370.1 – 370.3, to improve clarity and revise the sections to align the sections and requirements with the recent legislation.

CHAPTER 370. LICENSE RENEWAL
40 TAC §§370.1 – 370.3

OVERVIEW

The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §370.1. License Renewal, §370.2. Late Renewal, and §370.3. Restoration of a Texas License. The amendments revise the sections, including to cleanup and clarify the sections and amend the sections pursuant to House Bill 5629 and Senate Bill 1818 of the 89th Regular Legislative Session and the changes effective September 1, 2025, that were made by such to Texas Occupations Code Chapter 55. The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5684) and will not be republished.

The amendments to the sections include cleanups and clarifications. For example, cleanups to §370.3 include removing references to specific sections of Chapter 367, Continuing Education, of the board rules and replacing such with references to the whole chapter. This will ensure that the references are up-to date and that future changes to Chapter 367 that might relocate certain information to other areas of the chapter will not affect the continuing accuracy of §370.3.

The amendments also include clarifications, for example, by adding to the sections language such as “as prescribed by the Board,” with regard to applications, and adding “Texas” in front of “Occupations Code” in §370.2.

Changes are also made pursuant to the 89th Regular Legislative Session and House Bill 5629 and Senate Bill 1818, which amend Texas Occupations Code Chapter 55. The changes, which address fee waivers, expedited services, and complaint recording and publishing information, with regard to military service members, military veterans, and military spouses, will align the sections and requirements with the recent legislation.

Pursuant to such, for example, a provision regarding fee waivers for military service members, military veterans, and military spouses is added to the section. Board rules require that individuals who were previously licensed in Texas and whose licenses are expired one year or more restore a license, rather than apply for a new license. Such, for example, supports public protection by helping to ensure that individuals maintain the same license number, which allows for public licensure information, including any disciplinary action, to be associated with and searchable by the same license number for a certain license type. This allows the public to more easily access comprehensive licensing information concerning an individual. Correspondingly, though, as such individuals, as noted, are required to restore, fee waivers are added to the section for military service members, military veterans, and military spouses so that they may avail themselves of the waivers provided by amendments to Texas Occupations Code §55.009, which expand fee waivers for that cohort, pursuant to House Bill 5629.

Adopting 40 TAC §371.1, §371.2, to improve clarify, combine the requirements for renewing a license and changing a license to inactive status, and add an application requirement for those seeking to return to active status from retired status.

CHAPTER 371. INACTIVE AND RETIRED STATUS
40 TAC §371.1, §371.2

OVERVIEW

The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §371.1, Inactive Status, and §371.2, Retired Status. The amendments cleanup and clarify the sections and make changes to enhance the alignment of the sections with the agency’s new licensing system and support a more efficient licensing process. The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5688) and will not be republished.

Cleanups include changes to §371.1 to combine the requirements to put a license on and renew a license on inactive status as the requirements for both are equivalent. Similar changes are made, with regard to retired status, to §371.2. Such changes will simplify the sections.

The amendments to the sections include clarifications. For example, language is added, with regard to applications, that such are prescribed by the Board. A further clarification concerns the duration a licensee may remain on inactive status. §371.1(a) already included that one may remain on inactive status for no more than six consecutive years, but corresponding text did not also appear before “three renewals”; and a renewal cycle is of a two-year duration. The amendments will replace “three renewals” with “three consecutive renewal cycles” so that the text will include “A licensee may remain on inactive status for no more than three consecutive renewal cycles or six consecutive years.”

Amendments to the section also include further clarifications and better align the section with the Board’s new licensing system. Currently, the sections include descriptive qualifiers such as “renewal application form” or “retired status form” with respect to certain forms required for licensing actions concerning changing or renewing certain licensing statuses. Such qualifiers are limiting and may serve as impediments to making the licensing process more efficient, for instance, by referencing certain application types that, due to changes in internal licensing software or capabilities, for example, may no longer accommodate or may not best accommodate such processes. Indeed, the agency’s move to a new licensing system has created opportunities for the development of application processes that may make such functions more efficient and removing such qualifiers supports the more agile development of such.

The amendments also include the addition of a requirement that those seeking to return to active status from retired status submit a related application. The change will ensure that when such a request is submitted, the necessary information and materials are submitted for such, which will ensure a more efficient licensing process. Such will also facilitate the integration of this licensing action into the agency’s new licensing system.

Adopting 40 TAC §374.1, §374.2, to require licensees to report disciplinary action by another licensing authority and judgments or settlements in a malpractice claim and update language to improve clarity.

CHAPTER 374. DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS
40 TAC §374.1, §374.2

OVERVIEW

The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §374.1, Disciplinary Actions, and §374.2, Detrimental Practice. The amendments will revise the sections, including to add items concerning reporting certain information to the Board and clarify and cleanup related items concerning detrimental practice. The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5691) and will not be republished.

An amendment to §374.1 will add a provision requiring licensees to report disciplinary action by another licensing authority and judgments or settlements in a malpractice claim. The amendment is adopted to ensure that the Board is apprised of such and, thus, better able to identify the possible need to investigate any related violations of the OT Act and Rules.

A related amendment to the Schedule of Sanctions in the section will include the addition of a violation that corresponds to the new item. Likewise, an additional amendment is made to the Schedule of Sanctions to add an item that corresponds to a similar, extant item in the section regarding reporting felony convictions. The amendments are adopted to identify the corresponding discipline for such violations.

The amendment to §374.2 will update the definition of “practiced occupational therapy in a manner detrimental to the public health and welfare” to clarify conduct that constitutes grounds for disciplinary action against license holders for failing to give sufficient prior written notice of resignation. The amendment will remove existing text that addresses a different term of notice for those with an existing contract or who are self-employed and have a comparable written agreement with clients; the change will ensure that the item specifies that fourteen days’ written notice is required. The change will clarify the provision and the required minimum days’ notice that must be given by licensees to help ensure that sufficient notice is given to avoid the loss or delay of occupational therapy services. The revision will also add language to the provision identifying such as “patient abandonment.” A related change to the Schedule of Sanctions in §374.1 is made to correspond to the revision. The amendments are adopted to ensure that the rules clearly identify the conduct that may be considered detrimental practice and the corresponding discipline. The changes will also facilitate the ability of individuals and the Board to identify violations and related discipline in order to ensure the health, safety, and welfare of the public.

The amendments include further cleanups to remove language such as “in this paragraph” from §374.2 and related items in the Schedule of Sanctions.

Adopting 40 TAC §375.1, to remove outdated references and a provision concerning payments after an insufficient fund check has been processed by the Board.

CHAPTER 375. FEES
40 TAC §375.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §375.1. Fees. The amendments clarify and cleanup the section and remove unnecessary provisions. The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5694) and will not be republished.

The amendments to the section include clarifications. For example, revisions include replacing “TAC” with Texas Administrative Code and clarifying and simplifying text concerning refunds to correspond to extant language elsewhere in the board rules that fees are non-refundable.

The amendments also remove an outdated reference to the requirement that applicants for a license pay the application fee plus the appropriate license fee. In the past, such fees were consolidated into one application fee and the amendments are made to ensure that the section reflects such changes.

Further cleanups include removing a provision concerning payments after an insufficient funds check has been processed by the Board and an item concerning the suspension of a license for failure to pay child support as such are no longer necessary; in the case of the former, an individual is not required to submit payment in a particular manner after such a check has been processed and, in the case of the latter, the Board does not suspend licensees for such as §370.1(b) of the board rules already includes that the Board will not renew a license if it receives information from a child support agency that a licensee has failed to pay child support under a support order for six months or more as provided by Texas Family Code §232.0135 and that if all other renewal requirements have been met, the license will be renewed when the child support agency notifies the Board it may renew the license. Such amendments will ensure that the section, likewise, reflects the other current extant rules and licensure processes.

Texas Health and Human Services Commission

Proposed Rule Reviews Re:

Reviewing Title 22, Part 11, to consider for readoption, revision, or repeal of the chapter concerning RN delegation to unlicensed personnel and tasks not requiring delegation in independent living environments for clients with stable and predictable conditions and pain management.

Chapter 225. RN Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions (§§225.1 – 225.15)

Chapter 228. Pain Management (§228.1, §228.2)

Adopted Rule Reviews Re:

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning licensing standards for home and community support services agencies.

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 558, Licensing Standards For Home And Community Support Services Agencies

In Addition Re:

Notice of Funding Availability (NOFA) Release for 2026 Community Services Block Grant Discretionary (CSBG-D) Funds – Reentry Activities

The Texas Department of Housing and Community Affairs (the Department) announces the availability of $400,000 in CSBG Discretionary funding for Reentry Activities. Each year the Department sets aside 5% of its annual CSBG allocation for state discretionary use. Each year funds from CSBG Discretionary are used for specific identified efforts that the Department supports such as assisting previously incarcerated individuals reenter the community and helping them to obtain rental housing through landlord incentives, security deposits and other reentry activities related to housing. This year, $400,000 has been programmed for Reentry Activities for which the Department is issuing this NOFA. The Department will release funds competitively.

Notice of Funding Availability (NOFA) Release for 2026-1 National Housing Trust Fund (NHTF) – Multifamily Rental Development

The Texas Department of Housing and Community Affairs (the Department) announces the availability of $16,395,223.42 in NHTF. Each year the Department receives an allocation of National Housing Trust Fund for Multifamily Rental Development. Each year funds from the NHTF allocation are used by the Department in the form of below market interest rate, construction to permanent loans to developing entities for the construction and/or rehabilitation of 30% AMI units.