Texas Register November 7, 2024 Volume: 49 Number: 45

Texas Register Table of Contents

1 Texas Health and Human Services Commission
2 Texas Department of State Health Services
3 Texas State Board of Examiners of Marriage and Family Therapists
4 Texas Board of Physical Therapy Examiners
- - 4.0.1 Adopted Rules Re:
    - 4.0.1.1 Adopting 22 TAC §§343.1, 343.23, 343.24, 343.26 – 343.29, 343.35, 343.48, 343.50 – 343.53, 343.55, 343.56, to clarify the procedures for contested cases, update references, and conform to current rules.
5 Texas State Board of Examiners of Psychologists
- - 5.0.1 Adopted Rules Re:
    - 5.0.1.1 Adopting 22 TAC §463.25, to repeal the addition of a Health Service Psychologist Specialty Certification.
  - 5.0.2 Adopted Rule Reviews Re:
    - 5.0.2.1 Adopting Title 22, Part 21, concerning Applications and Examinations, Rules of Practices, and the Schedule of Sanctions.
6 Texas State Board of Social Worker Examiners
- - 6.0.1 Adopted Rules Re:
    - 6.0.1.1 Adopting 22 TAC §781.302, to clarify the required supervision for an LMSW to practice clinical social work.
7 Texas Behavioral Health Executive Council
- - 7.0.1 Adopted Rules Re:
8 Department of Aging and Disability Services
- - 8.0.1 Transferred Rules Re:
    - 8.0.1.1 Transferring certain sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 72, to Texas Administrative Code, Title 26, Part 1, Chapter 3, Memorandum of Understanding with Other State Agencies.

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 1 TAC §§371.1, 371.3, 371.31, to update section references to be consistent with the Texas Government Code.

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
SUBCHAPTER B. OFFICE OF INSPECTOR GENERAL
1 TAC §§371.1, 371.3, 371.31

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §371.1, concerning Definitions; §371.3, concerning Purpose and Authority; §371.31, concerning Federal Felony Match; §371.1011, concerning Recommendation Criteria; §371.1305, concerning Preliminary Investigation; §371.1613, concerning Informal Resolution Process; §371.1663, concerning Managed Care; §371.1669, concerning Self-Dealing; and §371.1709, concerning Payment Hold.

BACKGROUND AND PURPOSE

House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rules to reflect changes in the organization of the Texas Government Code sections that become effective on April 1, 2025. The proposed amendments update the affected citations to the Texas Government Code and revise Texas Administrative Code references.

Amending 1 TAC §371.1011, to update section references to be consistent with the Texas Government Code.

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
SUBCHAPTER E. PROVIDER DISCLOSURE AND SCREENING
1 TAC §371.1011

OVERVIEW

BACKGROUND AND PURPOSE

Amending 1 TAC §371.1305, to update section references to be consistent with the Texas Government Code.

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
SUBCHAPTER F. INVESTIGATIONS
1 TAC §371.1305

OVERVIEW

BACKGROUND AND PURPOSE

Amending 1 TAC §371.1613, to update section references to be consistent with the Texas Government Code.

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
SUBCHAPTER G. ADMINISTRATIVE ACTIONS AND SANCTIONS
DIVISION 1. GENERAL PROVISIONS
1 TAC §371.1613

OVERVIEW

BACKGROUND AND PURPOSE

Amending 1 TAC §371.1663, §371.1669, to update section references to be consistent with the Texas Government Code.

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
DIVISION 2. GROUNDS FOR ENFORCEMENT
1 TAC §371.1663, §371.1669

OVERVIEW

BACKGROUND AND PURPOSE

Amending 1 TAC §371.1709, to update section references to be consistent with the Texas Government Code.

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
DIVISION 3. ADMINISTRATIVE ACTIONS AND SANCTIONS
1 TAC §371.1709

OVERVIEW

BACKGROUND AND PURPOSE

Amending 1 TAC §377.107, §377.113, to clarify the requirements for volunteer advocate goals in the contract and broaden the applicability of the grievance procedure to current and former clients who received services from the volunteer advocate program.

CHAPTER 377. CHILDREN’S ADVOCACY PROGRAMS
SUBCHAPTER B. STANDARDS OF OPERATION FOR LOCAL COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS
1 TAC §377.107, §377.113

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §377.107, concerning Contract with Statewide Volunteer Advocate Organization, and §377.113, concerning Local Volunteer Advocate Program Administration.

BACKGROUND AND PURPOSE

The purpose of the proposal is to implement House Bill 474, 88th Legislature, Regular Session, 2023, which amends Texas Family Code §264.603 and §264.604, which requires HHSC to include in the contract measurable goals and objectives for the number of active and inactive volunteers in the program, and to ensure the statewide organization adopts a grievance process for complaints regarding negligence or misconduct by a volunteer advocate.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §377.107(c) clarifies that the contract must include measurable goals and objectives for both active and inactive volunteer advocates to provide more detailed data on the number of volunteers actively involved in a case as an advocate.

The proposed amendment to §377.113(a)(9) adds that the grievance procedure should also be available for current and former clients who received services from the volunteer advocate program.

Adopted Rules Re:

Adopting 1 TAC §353.1311, to implement a quality reporting component required for the TIPPS pay-for-performance component and improve the language for greater consistency.

CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES
1 TAC §353.1311

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §353.1311, concerning Quality Metrics for the Texas Incentives for Physicians and Professional Services Program.

BACKGROUND AND JUSTIFICATION

Each directed payment program (DPP) has a quality rule and financial rule. Effective January 28, 2024, HHSC amended the Texas Incentives for Physicians and Professional Services (TIPPS) financial rule, §353.1309, to add a pay-for-performance component to TIPPS beginning with state fiscal year 2026.

The adoption of amended §353.1311, the TIPPS quality rule, implements the quality reporting necessary for the pay-for-performance component of the TIPPS financial rule. The adopted amendment also makes non-substantive changes to the text of the rule to make the TIPPS quality rule mirror the quality rules for other DPPs.

Transferred Rules Re:

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 131, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 509.

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 131, Freestanding Emergency Medical Care Facilities, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 509, Freestanding Emergency Medical Care Facilities.

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 137, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 503.

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 137, Birthing Centers, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 503, Birthing Centers.

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 138, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 512.

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 138, Disposition of Embryonic and Fetal Tissue Remains, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 512, Disposition of Embryonic and Fetal Tissue Remains.

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 229, Subchapter J, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 563.

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 229, Food and Drug, Subchapter J, Minimum Standards for Narcotic Treatment Programs, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 563, Minimum Standards for Narcotic Treatment Programs.

Transferring certain sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 72, to Texas Administrative Code, Title 26, Part 1, Chapter 3.

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, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. Certain sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 72, Memorandum of Understanding with Other State Agencies are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 3, Memorandum of Understanding with Other State Agencies.

Adopted Rule Reviews Re:

Adopting Title 26, Part 1, concerning the National Senior Services Corps Program.

OVERVIEW

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 214, National Senior Services Corps Program

Texas Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §37.301, to make non-substantive revisions to update citations to the rule in the Texas Government Code.

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER P. SURVEILLANCE AND CONTROL OF BIRTH DEFECTS
25 TAC §37.301

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §37.301, concerning Purpose.

BACKGROUND AND PURPOSE

House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rule to Texas Government Code sections that become effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code.

Amending 25 TAC §103.1, to update citations to the Texas Government Code.

CHAPTER 103. INJURY PREVENTION AND CONTROL
25 TAC §103.1

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §103.1, concerning Purpose and Purview.

BACKGROUND AND PURPOSE

House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rule to Texas Government Code sections that become effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code.

Transferred Rules Re:

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 131, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 509.

OVERVIEW

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 137, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 503.

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 137, Birthing Centers, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 503, Birthing Centers.

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 138, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 512.

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 138, Disposition of Embryonic and Fetal Tissue Remains, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 512, Disposition of Embryonic and Fetal Tissue Remains.

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 229, Subchapter J, to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 563.

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 229, Food and Drug, Subchapter J, Minimum Standards for Narcotic Treatment Programs, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 563, Minimum Standards for Narcotic Treatment Programs.

Adopted Rule Reviews Re:

Adopting Title 25, Part 1, concerning the Evaluation of Milk and Shellfish Laboratories.

OVERVIEW

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

Chapter 218, Evaluation of Milk and Shellfish Laboratories

Texas State Board of Examiners of Marriage and Family Therapists

Withdrawn Rules Re:

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

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

OVERVIEW

The Texas State Board of Examiners of Marriage and Family Therapists withdraws proposed amendments to §801.261 which appeared in the May 17, 2024, issue of the Texas Register (49 TexReg 3481).

Adopted Rules Re:

Adopting 22 TAC §801.114, to establish that an applicant with a deficiency in their pre-graduate internship to cure that deficiency under licensed supervised experience to receive a license.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.114

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.114, relating to Academic Course Content. Section 801.114 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5633) and will not be republished.

Adopting 22 TAC §801.115, to repeal the rule that out-of-state applicants have not met Texas academic licensing requirements based solely on holding a license in another jurisdiction.

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 adopts the repeal of §801.115, relating to Academic Requirements and Supervised Clinical Internship. The repeal of §801.115 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5635) and will not be republished.

BACKGROUND AND PURPOSE

The adopted repeal has been made so the licensing rules better align with Chapter 502 of the Occupations Code.

Adopting 22 TAC §801.142, to change the amount of telephone supervision hours that may be counted toward licensure.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.142

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.142, relating to Supervised Clinical Experience Requirements and Conditions. Section 801.142 is adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5636) and will be republished.

BACKGROUND AND PURPOSE

The adopted amendments change the amount of supervision hours that may be counted towards licensure that are provided by telephone. Additionally, amendments have been made so the rule will better align with Section 502.252 of the Occupations Code.

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

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

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts amendments to §801.143, relating to Supervisor Requirements. Section 801.143 is adopted with changes to the proposed text as published in the May 17, 2024, issue of the Texas Register (49 TexReg 3479) and will be republished.

BACKGROUND AND PURPOSE

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

Adopting 22 TAC §801.201, to create a temporary Texas license for marriage and family therapists who are licensed to practice independently in another jurisdiction.

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.201

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts new rule §801.201, relating to Temporary License. Section 801.201 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5638) and will not be republished.

BACKGROUND AND PURPOSE

The adopted new rule creates a temporary Texas license for marriage and family therapists who are licensed to practice independently in another jurisdiction. Temporary license holders are allowed to use this license for up to thirty (30) days within one year from the date of issuance, and the thirty days are not required to be consecutive. Temporary license holders are required to report the use of this license after utilizing the full thirty days or the expiration of one year from licensure, whichever occurs first.

Adopted Rule Reviews Re:

Adopting Title 22, Part 35, concerning the Licensure and Regulation of Marriage and Family Therapists.

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Marriage and Family Therapists adopts the review of the chapters below in Title 22, Part 35 of the Texas Administrative Code:

Chapter 801, Licensure and Regulation of Marriage and Family Therapists

Texas Board of Physical Therapy Examiners

Adopted Rules Re:

Adopting 22 TAC §§343.1, 343.23, 343.24, 343.26 – 343.29, 343.35, 343.48, 343.50 – 343.53, 343.55, 343.56, to clarify the procedures for contested cases, update references, and conform to current rules.

CHAPTER 343. CONTESTED CASE PROCEDURE
22 TAC §§343.1, 343.23, 343.24, 343.26 – 343.29, 343.35, 343.48, 343.50 – 343.53, 343.55, 343.56

OVERVIEW

The Texas Board of Physical Therapy Examiners adopts the amendments to 22 TAC §343.1, Definitions; §343.23, Hearings; §343.24, Payment of Costs for a Contested Case Hearing Resulting in the Discipline of a Licensee or the Denial of an Application for License; §343.26, Commutation of Time; §343.27, Probation; §343.28, Records Retention Schedule; §343.29, Failure To Appear at Informal Settlement Conference or Hearing; §343.35, Complaint Investigation and Disposition; §343.48, Dismissal of Complaint; §343.50, Application for Reinstatement of License; §343.51, Evaluation for Reinstatement; §343.52, Procedure upon Request for Reinstatement; §343.53, Board Action Possible upon Reinstatement of Revoked License; §343.55, Failure To Appear, and §343.56, Monitoring of Licensees, and adopts the repeal of §343.25, Continuance. The amendments and repeal are adopted without changes to the proposed text as published in the September 6, 2024, issue of the Texas Register (49 TexReg 6961) and will not be republished.

The amendments are adopted in order to provide clarity to the procedures for contested cases, to correct inaccurate and outdated references, and to conform the rules in Chapter 343 with the physical therapy provisions in Chapter 453, Occupations Code, with the administrative procedures in Chapter 2001, Government Code, and with Title 1 Texas Administrative Code. The repeal is adopted as the procedure is covered under the State Office of Administrative Hearings (SOAH) rules for hearings.

The repeal is adopted as the procedure is covered under the State Office of Administrative Hearings (SOAH) rules for hearings.

Texas State Board of Examiners of Psychologists

Adopted Rules Re:

Adopting 22 TAC §463.25, to repeal the addition of a Health Service Psychologist Specialty Certification.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER D. SPECIALTY CERTIFICATIONS
22 TAC §463.25

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the repeal of §463.25, relating to Health Service Psychologist Specialty Certification. Section 463.25 is repealed without changes as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5630) and will not be republished.

BACKGROUND AND PURPOSE

The adopted repeal is appropriate as the addition of a Health Service Psychologist Specialty Certification onto a psychologist’s license no longer provides a meaningful public benefit necessitating regulation by the Council.

Adopted Rule Reviews Re:

Adopting Title 22, Part 21, concerning Applications and Examinations, Rules of Practices, and the Schedule of Sanctions.

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts the review of the chapters below in Title 22, Part 21 of the Texas Administrative Code:

Chapter 463, Applications and Examinations

Chapter 465, Rules of Practice

Chapter 470, Schedule of Sanctions

Texas State Board of Social Worker Examiners

Adopted Rules Re:

Adopting 22 TAC §781.302, to clarify the required supervision for an LMSW to practice clinical social work.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.302

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners adopts amendment to §781.302, relating to The Practice of Social Work. Section 781.302 is adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5631) and will be republished.

BACKGROUND AND PURPOSE

The adopted amendments clarify under what employment setting and supervision an LBSW and LMSW may practice. The amendments also remove restrictions on the locations an LBSW or LMSW may practice from, while preserving restrictions on LBSWs and LMSWs authorization to practice independently.

Texas Behavioral Health Executive Council

Adopted Rules Re:

Adopting 22 TAC §882.14, to authorize the Council to accept remediation of any licensing requirement that is not required by statute or federal law.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.14

OVERVIEW

The Texas Behavioral Health Executive Council adopts new rule §882.14, relating to Petition for Waiver or Remediation of Deficiency. Section 882.14 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5640) and will not be republished.

BACKGROUND AND PURPOSE

The adopted new rule authorizes the Council through its member boards to accept remediation of any licensing requirement that is not required by statute or federal law.

Adopting 22 TAC §882.21, to update the definitions of inactive and delinquent licenses to ensure a license with a pending disciplinary complaint or investigation does not expire until after the complaint has been resolved.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER B. LICENSE
22 TAC §882.21

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §882.21, relating to License Statuses. Section 882.21 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5641) and will not be republished.

BACKGROUND AND PURPOSE

The adopted amendments update the definition of inactive and delinquent licenses to ensure a license with a pending disciplinary complaint or investigation does not expire until after the complaint has been resolved. The amendments also clarify which licenses’ statuses allow practice and the process for requesting retirement of a license.

Adopting 22 TAC §884.10, to allow Council staff to close a complaint without investigation when it lacks sufficient evidence of a violation or where the complainant is uncooperative.

CHAPTER 884. COMPLAINTS AND ENFORCEMENT
SUBCHAPTER B. INVESTIGATIONS AND DISPOSITION OF COMPLAINTS
22 TAC §884.10

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §884.10, relating to Investigation of Complaints. Section 884.10 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5643) and will not be republished.

BACKGROUND AND PURPOSE

This amendment would allow Council staff to close without investigation a complaint that lacks sufficient evidence to identify a violation or where the complainant is uncooperative.

Adopting 22 TAC §884.60, to repeal and replace this rule with a new rule relating to depositions, subpoenas, and witnesses.

CHAPTER 884. COMPLAINTS AND ENFORCEMENT
SUBCHAPTER H. CONTESTED CASES
22 TAC §884.60

OVERVIEW

The Texas Behavioral Health Executive Council adopts the repeal of §884.60, relating to Witness Fees. Section 884.60 is repealed without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5644) and will not be republished.

BACKGROUND AND PURPOSE

The adopted repeal of this rule is necessary because it is replaced with a new rule. The new rule will clarify agency procedures for the issuance of subpoenas and commissions for depositions during a contested case at SOAH.

Adopting 22 TAC §884.60, to clarify agency procedures when issuing subpoenas and commissions for depositions during a contested case at SOAH.

CHAPTER 884. COMPLAINTS AND ENFORCEMENT
SUBCHAPTER H. CONTESTED CASES
22 TAC §884.60

OVERVIEW

The Texas Behavioral Health Executive Council adopts new rule §884.60, relating to Depositions, Subpoenas, and Witness Expenses. Section 884.60 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5644) and will not be republished.

BACKGROUND AND PURPOSE

The adopted new rule clarifies agency procedures for the issuance of subpoenas and commissions for depositions during a contested case at SOAH.

Adopting 22 TAC §885.1, to clarify eligibility for reinstatement of an expired license and waivers of licensing and examination fees for military service-related applicants.

CHAPTER 885. FEES
22 TAC §885.1

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §885.1, relating to Executive Council Fees. Section 885.1 is adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5647) and will be republished.

BACKGROUND AND PURPOSE

The adopted amendments clarify that only individuals eligible to reinstate an expired license may apply for reinstatement. In addition, the amendments clarify the requirements for receiving waiver of licensing and examination fees for military service-related applicants. The amendments remove fees for an LMFT Associate license renewal or extension, which are no longer authorized under agency rules, and for a mailing list the agency no longer provides. Another rule proposal would create a temporary MFT licenses, so a $103 fee is established. The adopted amendments clarify fee components for application to upgrade an LMFT Associate license and for examinations.

Department of Aging and Disability Services

Transferred Rules Re:

Transferring certain sections in the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 72, to Texas Administrative Code, Title 26, Part 1, Chapter 3, Memorandum of Understanding with Other State Agencies.