Texas Register Table of Contents
- 1 GOVERNOR
- 2 Texas State Board of Examiners of Psychologists
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 22 TAC §463.9, to allow an unlicensed individual to complete an internship or other program if begun while enrolled in a psychology program in accordance with the current statute.
- 2.0.1.2 Amending 22 TAC §463.10, to waive experience requirements for applicants with a license in another jurisdiction in accordance with the current statute.
- 2.0.1.3 Amending 22 TAC §463.31, to reduce the required passing score on the psychology jurisprudence exam.
- 2.0.1 Proposed Rules Re:
- 3 Texas State Board of Examiners of Professional Counselors
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 22 TAC §681.37, to remove language to better align the rule with the agency’s statute.
- 3.0.1.2 Amending 22 TAC §681.41, to remove potentially unenforceable language related to the substantive requirement that a licensee not make or benefit from certain claims.
- 3.0.1.3 Amending 22 TAC §681.44, to remove unnecessary and duplicative language.
- 3.0.1.4 Amending 22 TAC §681.47, to remove language that potentially conflicts with the Texas Business and Commerce Code.
- 3.0.1.5 Amending 22 TAC §681.49, to potentially unenforceable language concerning the requirement that a licensee not make or benefit from certain types of advertising.
- 3.0.1.6 Amending 22 TAC §681.81, to remove language that is superseded by Council Rule § 882.11.
- 3.0.1.7 Amending 22 TAC §681.92, to remove unnecessary and duplicative language.
- 3.0.1.8 Amending 22 TAC §681.101, to remove unnecessary language.
- 3.0.1.9 Amending 22 TAC §681.204, to remove language to better align the schedule with the statute.
- 3.0.1.10 Amending 22 TAC §681.205, to update the schedule of sanctions to reflect amendments proposed in other rules.
- 3.0.1 Proposed Rules Re:
- 4 Texas State Board of Social Worker Examiners
- 4.0.1 Proposed Rules Re:
- 4.0.1.1 Amending 22 TAC §781.306, to remove potentially unenforceable language related to a requirement that a licensee not make or benefit from certain claims.
- 4.0.1.2 Amending 22 TAC §781.310, to remove language to better align with the current statute.
- 4.0.1.3 Amending 22 TAC §781.313, to remove language that potentially conflicts with the Texas Business and Commerce Code.
- 4.0.1.4 Amending 22 TAC §781.804, to remove language that does not align with the current statute.
- 4.0.1.5 Amending 22 TAC §781.805, to update the schedule of sanctions to reflect amendments proposed in other rules.
- 4.0.1 Proposed Rules Re:
- 5 Texas State Board of Examiners of Marriage and Family Therapists
- 5.0.1 Proposed Rules Re:
- 5.0.1.1 Amending 22 TAC §801.43, to remove potentially unenforceable language related to the requirement that a licensee not make or benefit from certain claims.
- 5.0.1.2 Amending 22 TAC §801.44, to remove language to better align with the current statute.
- 5.0.1.3 Amending 22 TAC §801.50, to remove language that potentially conflicts with the Texas Business and Commerce Code.
- 5.0.1.4 Amending 22 TAC §801.53, to remove language that is potentially unenforceable concerning the requirement that a licensee not make or benefit from certain advertising practices.
- 5.0.1.5 Amending 22 TAC §801.115, to allow marriage and family therapists applicants who are licensed to practice independently in other jurisdictions if certain licensure requirements are met.
- 5.0.1.6 Amending 22 TAC §801.204, to remove language to better align with the current statute.
- 5.0.1.7 Amending 22 TAC §801.303, to remove language to better align with the current statute.
- 5.0.1.8 Amending 22 TAC §801.305, to update the schedule of sanctions to reflect amendments proposed in other rules.
- 5.0.1 Proposed Rules Re:
- 6 Texas Behavioral Health Executive Council
- 7 Texas Health and Human Services Commission
- 7.0.1 Adopted Rules Re:
- 7.0.1.1 Adopting 1 TAC §353.421, to require a Medicaid health care managed care organization (MCO) with low active participation rates in the MCO’s special disease management program to identify the reason and develop approaches to increase active participation.
- 7.0.1.2 Adopting 1 TAC §355.8549, to change references to the word from “department” to “Texas Health and Human Services Commission (HHSC)” and add new requirements for HHSC to separately reimburse hospital providers that provide OPD services for any non-opioid treatments.
- 7.0.1.3 Adopting 26 TAC §564.39, to outline the substance misuse educational program requirements that a residential CDTF may use as an equivalent program to an educational program approved by TDLR.
- 7.0.2 Transferred Rules Re:
- 7.0.2.1 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 405, Subchapter E, that are related to these transferred functions, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 307.
- 7.0.2.2 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 414, Subchapter I, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 320.
- 7.0.3 Adopted Rule Reviews Re:
- 7.0.1 Adopted Rules Re:
- 8 State Board of Dental Examiners
- 9 Texas Board of Nursing:
- 9.0.1 Adopted Rules Re:
- 9.0.1.1 Adopting 22 TAC §211.7, to include a new category of orders the Executive Director may accept on the Board’s behalf.
- 9.0.1.2 Adopting 22 TAC §213.33, to clarify the Board’s remedial education requirements in disciplinary orders and classification of non-compliance as substantive violations, and proposed sanctions, including the denial of initial licensure or licensure renewal and the inclusion of a new aggravating factor related to evidence of fraud, misrepresentation, or falsity that will affect the Board’s analysis when determining the appropriate sanction level that will apply when undertaking a matrix analysis for certain violations.
- 9.0.1 Adopted Rules Re:
- 10 Texas Department of Insurance, Division of Workers’ Compensation
- 10.0.1 Adopted Rules Re:
- 10.0.1.1 Adopting 28 TAC §§134.500 – 134.504, 134.520, 134.530, 134.540, 134.550, to correct obsolete references, implement editorial changes, and remove unnecessary references.
- 10.0.1.2 Adopting 28 TAC §134.506 and §134.510, to repeal obsolete transitional provisions to ensure that the published rules are current.
- 10.0.1 Adopted Rules Re:
- 11 Texas Department of State Health Services
- 11.0.1 Transferred Rules Re:
- 11.0.1.1 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 405, Subchapter E, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 307, Subchapter I.
- 11.0.1.2 Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 414, Subchapter I, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 320, Subchapter B.
- 11.0.1 Transferred Rules Re:
GOVERNOR
Appointments Re:
Appointed to the Texas Board of Occupational Therapy Examiners for a term to expire February 1, 2027, Beverly J. Ferguson.
Texas State Board of Examiners of Psychologists
Proposed Rules Re:
Amending 22 TAC §463.9, to allow an unlicensed individual to complete an internship or other program if begun while enrolled in a psychology program in accordance with the current statute.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.9
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists proposes amendments to §463.9, relating to Licensed Specialist in School Psychology.
BACKGROUND AND PURPOSE
The proposed amendment will amend language identified during the quadrennial rule review to align with statute regarding unlicensed practice of school psychology outside an educational program. The amendment will clarify an unlicensed individual may complete an internship or other program if begun while enrolled in a psychology program.
Amending 22 TAC §463.10, to waive experience requirements for applicants with a license in another jurisdiction in accordance with the current statute.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.10
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists proposes amendments to §463.10, relating to Licensed Psychologists.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review to align with statute regarding waiving experience requirements for applicants with a license in another jurisdiction.
Amending 22 TAC §463.31, to reduce the required passing score on the psychology jurisprudence exam.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER E. EXAMINATIONS
22 TAC §463.31
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists proposes amendments to §463.31, relating to Minimum Passing Scores for Examinations.
BACKGROUND AND PURPOSE
The proposed amendment would reduce the required passing score on the psychology jurisprudence exam from 90% to 85%.
Texas State Board of Examiners of Professional Counselors
Proposed Rules Re:
Amending 22 TAC §681.37, to remove language to better align the rule with the agency’s statute.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.37
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.37, relating to Billing and Financial Arrangements.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review to better align with the agency’s statute.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.41
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.41, relating to General Ethical Requirements.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Amending 22 TAC §681.44, to remove unnecessary and duplicative language.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.44
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes repeal of §681.44, relating to Drugs and Alcohol Use.
BACKGROUND AND PURPOSE
Overview and Explanation of the Proposed Rule. The proposed repeal will remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rules.
Amending 22 TAC §681.47, to remove language that potentially conflicts with the Texas Business and Commerce Code.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.47
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes repeal of §681.47, relating to Assumed Names.
BACKGROUND AND PURPOSE
The proposed repeal will remove language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Amending 22 TAC §681.49, to potentially unenforceable language concerning the requirement that a licensee not make or benefit from certain types of advertising.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §681.49
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.49, relating to Advertising and Announcements.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, or deceptive advertising.
Amending 22 TAC §681.81, to remove language that is superseded by Council Rule § 882.11.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.81
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.81, relating to General Academic Requirements.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review that is superseded by Council rule §882.11.
Amending 22 TAC §681.92, to remove unnecessary and duplicative language.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.92
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.92, relating to Experience Requirements.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
Amending 22 TAC §681.101, to remove unnecessary language.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §681.101
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.101, relating to Examinations.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as unnecessary, without changing the substantive impact of the rule.
Amending 22 TAC §681.204, to remove language to better align the schedule with the statute.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §681.204
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.204, relating to Other Actions.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review to better align with the agency’s statute.
Amending 22 TAC §681.205, to update the schedule of sanctions to reflect amendments proposed in other rules.
CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §681.205
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Professional Counselors proposes amendments to §681.205, relating to Schedule of Sanctions.
BACKGROUND AND PURPOSE
The proposed amendment would update the schedule of sanctions to reflect amendments proposed in other rules.
Texas State Board of Social Worker Examiners
Proposed Rules Re:
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.306
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.306, relating to Professional Representation.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Amending 22 TAC §781.310, to remove language to better align with the current statute.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.310
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.310, relating to Billing and Financial Relationships.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review to better align with the agency’s statute.
Amending 22 TAC §781.313, to remove language that potentially conflicts with the Texas Business and Commerce Code.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.313
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes to repeal §781.313, relating to Corporations and Business Names.
BACKGROUND AND PURPOSE
Overview and Explanation of the Proposed Rule. The proposed repeal will remove language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Amending 22 TAC §781.804, to remove language that does not align with the current statute.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §781.804
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.804, relating to Other Disciplinary Actions.
BACKGROUND AND PURPOSE
Overview and Explanation of the Proposed Rule. The proposed amendment will remove language identified during the quadrennial rule review as not comporting with the agency’s statute.
Amending 22 TAC §781.805, to update the schedule of sanctions to reflect amendments proposed in other rules.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §781.805
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.805, relating to Schedule of Sanctions.
BACKGROUND AND PURPOSE
Overview and Explanation of the Proposed Rule. The proposed amendments would update the schedule of sanctions to reflect amendments proposed in other rules.
Texas State Board of Examiners of Marriage and Family Therapists
Proposed Rules Re:
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.43
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.43, relating to Professional Representation.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Amending 22 TAC §801.44, to remove language to better align with the current statute.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.44
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.44, relating to Relationships with Clients.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review to better align with the agency’s statute.
Amending 22 TAC §801.50, to remove language that potentially conflicts with the Texas Business and Commerce Code.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.50
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes the repeal of §801.50 relating to Corporation and Business Names.
BACKGROUND AND PURPOSE
The proposed repeal will remove language identified during the quadrennial rule review as potentially in conflict with the Texas Business and Commerce Code, while not changing the substantive requirement in other rules that a licensee not make or benefit from false, misleading, deceptive, fraudulent, or exaggerated claims.
Amending 22 TAC §801.53, to remove language that is potentially unenforceable concerning the requirement that a licensee not make or benefit from certain advertising practices.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §801.53
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.53, relating to Advertising and Announcements.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as potentially unenforceable, while not changing the substantive requirement that a licensee not make or benefit from false, misleading, or deceptive advertising.
Amending 22 TAC §801.115, to allow marriage and family therapists applicants who are licensed to practice independently in other jurisdictions if certain licensure requirements are met.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.115
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes new §801.115, relating to Applicants Currently Licensed as an LMFT in Another Jurisdiction.
BACKGROUND AND PURPOSE
The proposed new rule deems marriage and family therapist applicants who are licensed to practice independently in another jurisdiction for two years to have meet all academic and experience requirements if they meet all minimum statutory requirements for licensure.
Amending 22 TAC §801.204, to remove language to better align with the current statute.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.204
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.204, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review to better align with the agency’s statute.
Amending 22 TAC §801.303, to remove language to better align with the current statute.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.303
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.303, relating to Other Actions.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review to better align with the agency’s statute.
Amending 22 TAC §801.305, to update the schedule of sanctions to reflect amendments proposed in other rules.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §801.305
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists proposes amendments to §801.305, relating to Schedule of Sanctions.
BACKGROUND AND PURPOSE
The proposed amendment would update the schedule of sanctions to reflect amendments proposed in other rules.
Texas Behavioral Health Executive Council
Proposed Rules Re:
Amending 22 TAC §881.20, to remove unnecessary and duplicative language.
CHAPTER 881. GENERAL PROVISIONS
SUBCHAPTER B. RULEMAKING
22 TAC §881.20
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §881.20, relating to Rulemaking by the Executive Council.
BACKGROUND AND PURPOSE
The proposed amendment will remove language identified during the quadrennial rule review as unnecessary and duplicative, without changing the substantive impact of the rule.
Texas Health and Human Services Commission
Adopted Rules Re:
Adopting 1 TAC §353.421, to require a Medicaid health care managed care organization (MCO) with low active participation rates in the MCO’s special disease management program to identify the reason and develop approaches to increase active participation.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER E. STANDARDS FOR MEDICAID MANAGED CARE
1 TAC §353.421
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §353.421, concerning Special Disease Management for Health Care MCOs.
BACKGROUND AND PURPOSE
The adopted amendment implements Texas Government Code, §533.009(c) as amended by House Bill (H.B.) 2658, 87th Legislature, Regular Session, 2021. The adopted amendment relates to managed care organization (MCO) requirements for special disease management (DM) programs. The purpose of the DM programs is to improve health outcomes for Medicaid members diagnosed with a disease or chronic health condition. The Texas Health and Human Services Commission (HHSC) identifies the diseases and chronic conditions for a member to be eligible for the MCO’s DM program in HHSC’s Uniform Managed Care Manual Chapter 9: Disease Management.
The adopted amendment organizes the definition of “special disease management” with the new definitions “active participation” and “high-risk member” into one rule. These definitions identify what these terms mean when used in the section.
The adopted amendment to implement Texas Government Code §533.009(c)(3), added by H.B. 2658, requires a health care MCO to include mechanisms to identify low active participation rates in the MCO’s special DM program, the reason for the low rates, and to increase active participation in the program for high-risk members.
The adopted amendment also corrects formatting, uses consistent terminology, and corrects the use of acronyms to improve the readability of the section.
Adopting 1 TAC §355.8549, to change references to the word from “department” to “Texas Health and Human Services Commission (HHSC)” and add new requirements for HHSC to separately reimburse hospital providers that provide OPD services for any non-opioid treatments.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER J. PURCHASED HEALTH SERVICES
DIVISION 28. PHARMACY SERVICES: REIMBURSEMENT
1 TAC §355.8549
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.8549, concerning Medicaid Coverage and Reimbursement for Non-Opioid Treatments.
Section 355.8549 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5614). This rule will not be republished.
BACKGROUND AND PURPOSE
The amendment is necessary to comply with Texas Human Resources Code §32.03117, which requires HHSC to reimburse a Medicaid hospital provider who provides a non-opioid treatment to a Medicaid recipient. Section 32.03117 also requires HHSC by rule to ensure that, to the extent permitted by federal law, a hospital provider who provides outpatient department (OPD) services to a Medicaid recipient is reimbursed separately under Medicaid for any non-opioid treatment provided as part of those services. The adoption of the amendment codifies the current process HHSC follows that separately reimburses Medicaid providers who provide non-opioid treatment to Medicaid recipients as part of an OPD service.
Adopting 26 TAC §564.39, to outline the substance misuse educational program requirements that a residential CDTF may use as an equivalent program to an educational program approved by TDLR.
CHAPTER 564. CHEMICAL DEPENDENCY TREATMENT FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §564.39
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new §564.39, concerning Dangers of Substance Misuse Educational Program Requirements.
New §564.39 is adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5743). This rule will be republished.
BACKGROUND AND PURPOSE
The new section is necessary to comply with and implement House Bill (H.B.) 5183, 88th Legislature, Regular Session, 2023.
H.B. 5183 amended Texas Transportation Code Chapter 521 and, in part, requires HHSC to approve a substance misuse educational program that a residential chemical dependency treatment facility licensed under Texas Health and Safety Code Chapter 464 may provide to an individual whose driver’s license was suspended under Transportation Code §521.372. This program must be equivalent to an educational program approved by the Texas Department of Licensing and Regulation under Texas Government Code Chapter 171.
The new section is required to establish the standards for an equivalent educational program as required by Texas Transportation Code §521.374(a-1).
Transferred Rules Re:
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 405, Patient Care–Mental Health Services, Subchapter E, Electroconvulsive Therapy (ECT), that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 307, Behavioral Health Programs, Subchapter I, Electroconvulsive Therapy.
Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 414, Subchapter I, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 320.
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 414, Rights and Protections of Persons Receiving Mental Health Services, Subchapter I, Consent to Treatment with Psychoactive Medication–Mental Health Services, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 320, Rights of Individuals, Subchapter B, Consent to Treatment with Psychoactive Medication.
Adopted Rule Reviews Re:
Adopting Title 26, Part 1, concerning the Human Trafficking Resource Center.
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 370, Human Trafficking Resource Center
State Board of Dental Examiners
Adopted Rules Re:
Adopting 22 TAC §102.1, to remove and fix a clerical error imposing an additional $15 charge to dentist renewal fees.
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, without changes to the proposal as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8014) and will not be republished.
The adopted amendment fixes a clerical error made by staff to the total fee amounts for the dentist renewal fee, dentist renewal late – 1 to 90 days fee, and dentist renewal late – 91 to 364 days fee. An extra $15 charge was mistakenly imposed, and therefore the adopted amendment updates the fees to remove the extra charge.
Texas Board of Nursing:
Adopted Rules Re:
Adopting 22 TAC §211.7, to include a new category of orders the Executive Director may accept on the Board’s behalf.
CHAPTER 211. GENERAL PROVISIONS
22 TAC §211.7
OVERVIEW
The Texas Board of Nursing (Board) adopts amendments to 22 Texas Administrative Code §211.7, relating to Executive Director, without changes to the proposed text published in the September 20, 2024, issue of the Texas Register (49 TexReg 7570). The rule will not be republished.
BACKGROUND AND PURPOSE
The Board has established an agreed order to inactivate a nurse’s license if it is found that their education is not substantially equivalent to a Texas approved nursing program’s requirements. Traditionally, such orders have been ratified during a regular Board Meeting or a meeting of the Board’s Eligibility and Disciplinary Committee. However, certain agreed orders are currently accepted on behalf of the Board by the Executive Director. The adopted amendments aim to include inactivation orders, based on educational deficiencies, among those that the Executive Director can accept. This delegation of authority is intended to reduce the time between a nurse’s agreement to inactivate their license and their removal from practice. The Executive Director will provide summaries of these actions at regular Board meetings. Additionally, the amendments clarify the Executive Director’s authority to accept orders for nurses facing temporary suspension under the Occupations Code §§301.455 & 301.4551. These changes aim to improve regulatory efficiency by processing monitoring or suspension orders signed by Respondents without waiting for a temporary suspension hearing or other Board meeting.
SECTION-BY-SECTION SUMMARY
The adopted amendments include the addition of §211.7(f)(4) to the categories of orders the Executive Director is authorized to accept on the Board’s behalf. The Executive Director must report summaries of these orders to the Board during its regular meetings. Additionally, the amendments eliminate language from §211.7(i) that previously stated the Executive Director could only enter an order for a nurse following a temporary suspension hearing. The revised language broadens this authority, allowing the Executive Director to enter an order when a licensee is subject to temporary suspension or after the licensee has already been temporarily suspended.
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC §213.33
OVERVIEW
The Texas Board of Nursing (Board) adopts amendments to 1§213.33, relating to Factors Considered for Imposition of Penalties/Sanctions, without changes to the proposed text as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7571). The rule will not be republished.
BACKGROUND AND PURPOSE
On January 25, 2023, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) and law enforcement partners executed a coordinated, multi-state operation to apprehend individuals involved in selling fraudulent nursing degree diplomas and transcripts. The scheme allegedly involved the sale of fake nursing diplomas and transcripts from accredited Florida-based nursing schools to Registered Nurse (RN) and Licensed Practical/Vocational Nurse (LPN/VN) candidates. Those who obtained these fraudulent credentials used them to qualify for the national nursing board exam. Upon passing the exam, these individuals were eligible to obtain licensure in various states, including Texas, to practice as RNs or LVNs.
The Board has begun disciplinary actions to revoke or deny the renewal of licenses and to deny initial licenses to individuals implicated in the scheme. Additionally, the Board has begun to deny licensure or take action against other individuals who obtained legally insufficient education. According to Tex. Occ. Code §301.451, it is illegal to practice nursing with a diploma, license, or record obtained unlawfully or fraudulently. Tex. Occ. Code §301.452(b)(1) authorizes the Board to act on violations of Chapter 301 or any related rule, regulation, or order. The adopted amendments bridge the gap between a violation of Tex. Occ. Code §301.451 and the concurrent violation of Tex. Occ. Code §301.452(b)(1).
The adopted amendments aim to clarify the Board’s stance on these violations, informing licensees and the public about the likely sanctions for such violations based on the Disciplinary Matrix’s Tier and Sanction Level analysis. The amendments also specify disciplinary actions for applicants who falsely certify that they meet Texas’s licensure qualifications. A number of applicants for renewal and licensure have inaccurately claimed to meet educational requirements, leading to the licensure of nurses who have not completed the necessary clinical or didactic education, posing a significant public health risk. The amendments seek to ensure applicants understand the Board’s position on this behavior and to maintain consistency in applying the Board’s disciplinary matrix.
Additionally, the adopted amendments distinguish between technical and substantive requirements of a Board order. Current language misclassifies remedial education, typically required in Board disciplinary orders, as technical, non-remedial requirements. The amendments remove this language to align with the Board’s current view of these violations.
SECTION-BY-SECTION SUMMARY
The adopted amendments introduce several changes to the Board’s Disciplinary Matrix, found in §213.33(b), particularly concerning §301.452(b)(1). The amendments clarify the Board’s stance on non-compliance with remedial education requirements in disciplinary orders, removing language that previously classified these requirements as technical and non-remedial. The Board now views non-compliance with remedial education requirements as substantive violations.
Texas Department of Insurance, Division of Workers’ Compensation
Adopted Rules Re:
Adopting 28 TAC §§134.500 – 134.504, 134.520, 134.530, 134.540, 134.550, to correct obsolete references, implement editorial changes, and remove unnecessary references.
CHAPTER 134. BENEFITS–GUIDELINES FOR MEDICAL SERVICES, CHARGES, AND PAYMENTS
SUBCHAPTER F. PHARMACEUTICAL BENEFITS
28 TAC §§134.500 – 134.504, 134.520, 134.530, 134.540, 134.550
OVERVIEW
The Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts the following changes to 28 TAC Chapter 134, Subchapter F, concerning pharmaceutical benefits: repeal 28 TAC §§134.506 and 134.510, and amend 28 TAC §§134.500, 134.501, 134.502, 134.503, 134.504, 134.520, 134.530, 134.540, and 134.550. Subchapter F implements Texas Labor Code §§408.028 and 413.011, and Texas Insurance Code Chapter 1305. The DWC medical advisor recommended the amendments to the commissioner of workers’ compensation under Labor Code §413.0511(b).
The amendments to §§134.500, 134.501, 134.502, 134.503, and 134.520 and the repeals of 134.506 and 134.510 are adopted without changes to the proposed text published in the August 23, 2024, issue of the Texas Register (49 TexReg 6397). These sections will not be republished.
The amendments to §§134.504, 134.530, 134.540, and 134.550 are adopted with changes to the proposed text published in the August 23, 2024, issue of the Texas Register (49 TexReg 6397). DWC reverted to existing text in parts of §§134.504, 134.530, 134.540, and 134.550 in response to comments to avoid unintended consequences. Sections 134.504, 134.530, 134.540, and 134.550 will be republished.
BACKGROUND AND PURPOSE
The changes update and reorganize Subchapter F. Repealing §§134.506 and 134.510, and amending §§134.500, 134.501, 134.502, 134.503, 134.504, 134.520, 134.530, 134.540, and 134.550 is necessary to remove obsolete provisions and to update references and language to be consistent with other rules. Labor Code §408.028 requires the commissioner by rule to adopt a closed formulary under §413.011, as well as a fee schedule, and provides requirements for prescribing prescription drugs, generic pharmaceutical medications, and over-the-counter alternatives. Insurance Code Chapter 1305 authorizes the establishment of workers’ compensation health care networks for providing workers’ compensation medical benefits and provides standards for the certification, administration, evaluation, and enforcement of their delivery of health care services to injured employees. The changes also include nonsubstantive editorial and formatting changes that make updates for plain language and agency style to improve the rule’s clarity.
SECTION-BY-SECTION SUMMARY
Section 134.500. The changes delete the definition of “open formulary.” The Texas workers’ compensation system now uses a closed formulary, so the reference to an open formulary is unnecessary. The changes correct a reference to the injured employee’s Social Security number to specify only the last four digits of the number. The changes also renumber the paragraphs where needed and make editorial and formatting updates for plain language and agency style. Amending §134.500 is necessary to enhance the rule’s clarity and accuracy.
Section 134.501. The changes correct obsolete references and make editorial and formatting updates for plain language and agency style. Amending §134.501 is necessary to enhance the rule’s clarity and accuracy.
Section 134.502. The changes make editorial and formatting updates for plain language and agency style. Amending §134.502 is necessary to enhance the rule’s clarity.
Section 134.503. The changes make editorial and formatting updates for plain language and agency style. Amending §134.503 is necessary to enhance the rule’s clarity.
Section 134.504. The changes correct obsolete references and make editorial and formatting updates for plain language and agency style. In response to a comment, DWC removed a proposed change that would have required only the last four digits of the claimant’s Social Security number, and retained the existing requirement for the full number. Amending §134.504 is necessary to enhance the rule’s clarity and accuracy.
Section 134.520. The changes update the section title to remove an unnecessary reference to the 2011 transition to a closed formulary, add the sentence, “The closed formulary applies to all drugs that are prescribed and dispensed for outpatient use,” to be consistent with §§134.530 and 134.540, and make editorial and formatting updates for plain language and agency style. Amending §134.520 is necessary to enhance the rule’s clarity and accuracy.
Section 134.530. The changes remove unnecessary references, correct obsolete references, and make editorial and formatting updates for plain language and agency style. Amending §134.530 is necessary to enhance the rule’s clarity and accuracy. In response to a comment, DWC removed a proposed change that would have specified the prescribing doctor or pharmacy as the requester for a medical interlocutory order.
Section 134.540. The changes remove unnecessary references, correct obsolete references, and make editorial and formatting updates for plain language and agency style. Amending §134.540 is necessary to enhance the rule’s clarity and accuracy. In response to a comment, DWC removed a proposed change that would have specified the prescribing doctor or pharmacy as the requester for a medical interlocutory order.
Section 134.550. The changes correct obsolete references, update DWC’s website address, clarify text, and make editorial and formatting updates for plain language and agency style. Amending §134.550 is necessary to enhance the rule’s clarity and accuracy. DWC removed a proposed change that would have specified the prescribing doctor or pharmacy as the requester for a medical interlocutory order. In response to a comment, DWC also removed proposed changes to §134.550(h) to avoid unintentional conflicts in the timeframes for reconsideration of a preauthorization denial, and reverted to the existing text of that subsection with minor nonsubstantive edits.
Adopting 28 TAC §134.506 and §134.510, to repeal obsolete transitional provisions to ensure that the published rules are current.
CHAPTER 134. BENEFITS–GUIDELINES FOR MEDICAL SERVICES, CHARGES, AND PAYMENTS
28 TAC §134.506, §134.510
OVERVIEW
The Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts the following changes to 28 TAC Chapter 134, Subchapter F, concerning pharmaceutical benefits: repeal 28 TAC §§134.506 and 134.510, and amend 28 TAC §§134.500, 134.501, 134.502, 134.503, 134.504, 134.520, 134.530, 134.540, and 134.550. Subchapter F implements Texas Labor Code §§408.028 and 413.011, and Texas Insurance Code Chapter 1305. The DWC medical advisor recommended the amendments to the commissioner of workers’ compensation under Labor Code §413.0511(b).
The amendments to §§134.500, 134.501, 134.502, 134.503, and 134.520 and the repeals of 134.506 and 134.510 are adopted without changes to the proposed text published in the August 23, 2024, issue of the Texas Register (49 TexReg 6397). These sections will not be republished.
The amendments to §§134.504, 134.530, 134.540, and 134.550 are adopted with changes to the proposed text published in the August 23, 2024, issue of the Texas Register (49 TexReg 6397). DWC reverted to existing text in parts of §§134.504, 134.530, 134.540, and 134.550 in response to comments to avoid unintended consequences. Sections 134.504, 134.530, 134.540, and 134.550 will be republished.
BACKGROUND AND PURPOSE
The changes update and reorganize Subchapter F. Repealing §§134.506 and 134.510, and amending §§134.500, 134.501, 134.502, 134.503, 134.504, 134.520, 134.530, 134.540, and 134.550 is necessary to remove obsolete provisions and to update references and language to be consistent with other rules. Labor Code §408.028 requires the commissioner by rule to adopt a closed formulary under §413.011, as well as a fee schedule, and provides requirements for prescribing prescription drugs, generic pharmaceutical medications, and over-the-counter alternatives. Insurance Code Chapter 1305 authorizes the establishment of workers’ compensation health care networks for providing workers’ compensation medical benefits and provides standards for the certification, administration, evaluation, and enforcement of their delivery of health care services to injured employees. The changes also include nonsubstantive editorial and formatting changes that make updates for plain language and agency style to improve the rule’s clarity.
SECTION-BY-SECTION SUMMARY
Section 134.506. Section 134.506 is repealed because it is an obsolete transitional provision. Repealing §134.506 is necessary to ensure that the published rules are current.
Section 134.510. Section 134.510 is repealed because it is an obsolete transitional provision. Repealing §134.510 is necessary to ensure that the published rules are current.
Texas Department of State Health Services
Transferred Rules Re:
Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 405, Subchapter E, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 307, Subchapter I.
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 405, Patient Care–Mental Health Services, Subchapter E, Electroconvulsive Therapy (ECT), that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 307, Behavioral Health Programs, Subchapter I, Electroconvulsive Therapy.
Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 414, Subchapter I, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 320, Subchapter B.
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 414, Rights and Protections of Persons Receiving Mental Health Services, Subchapter I, Consent to Treatment with Psychoactive Medication–Mental Health Services, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 320, Rights of Individuals, Subchapter B, Consent to Treatment with Psychoactive Medication.