Texas Register Table of Contents
- 1 Texas Medical Board
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 22 TAC §161.48, to establish another pathway for individuals to be issued a limited license to practice medicine under a supervising practice agreement with a sponsoring physician.
- 1.0.1.2 Amending 22 TAC §161.53, to set forth the requirements for the Board to issue an initial provisional license to practice medicine.
- 1.0.1 Proposed Rules Re:
- 2 Texas State Board of Examiners of Psychologists
- 2.0.1 Adopted Rules Re:
- 2.0.1.1 Adopting 22 TAC §465.2, to require supervisors to develop a custody plan for all supervision records in the event of death or disability.
- 2.0.1.2 Adopting 22 TAC §465.34, to allow a licensee to form a collaborative relationship with other mental health service providers seen by the licensee’ client.
- 2.0.1 Adopted Rules Re:
- 3 Texas State Board of Examiners of Marriage and Family Therapists
- 3.0.1 Adopted Rules Re:
- 3.0.1.1 Adopting 22 TAC §801.44, to require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and try to establish a collaborative relationship with that provider.
- 3.0.1.2 Adopting 22 TAC §801.142, to set forth LMFT Associate notification requirements.
- 3.0.1.3 Adopting 22 TAC §801.143, to clarify that a supervisor may share a copy of a remediation plan with other supervisor of an LMFT Associate.
- 3.0.1 Adopted Rules Re:
- 4 Texas Behavioral Health Executive Council
- 4.0.1 Adopted Rules Re:
- 4.0.1.1 Adopting 22 TAC §882.1, to standardize the expiation of incomplete license applications.
- 4.0.1.2 Adopting 22 TAC §882.2, to specify that time periods for licensed experience shall begin when the relevant license is issued.
- 4.0.1.3 Adopting 22 TAC §882.21, to allow licensees with a delinquent license to transfer that license into inactive status.
- 4.0.1 Adopted Rules Re:
- 5 Texas Department of State Health Services
- 5.0.1 Adopted Rules Re:
- 5.0.1.1 Adopting 25 TAC §§13.81 – 13.87, to broaden the language to ensure program rules are not more restrictive than the statute.
- 5.0.1.2 Adopting 25 TAC §§229.341 – 229.357, to repeal these rules because the requirement no longer exists.
- 5.0.1.3 Adopting 25 TAC §401.464, to delete the rule.
- 5.0.1.4 Adopting 25 TAC §404.168, §404.169, to delete the rules.
- 5.0.1.5 Adopting 25 TAC §405.116, to delete the rule.
- 5.0.1.6 Adopting 25 TAC §§411.61, 411.62, 411.64, to delete the rules.
- 5.0.1.7 Adopting 25 TAC §412.63, §412.64, to delete the rules.
- 5.0.1.8 Adopting 25 TAC §412.114, §412.115, to delete the rules.
- 5.0.1.9 Adopting 25 TAC §414.414, §414.415, to delete the rules.
- 5.0.1.10 Adopting 25 TAC §414.508, §414.509, to delete the rules.
- 5.0.1.11 Adopting 25 TAC §§414.551 – 414.564, to delete the rules.
- 5.0.1.12 Adopting 25 TAC §§415.4, 415.9, 415.13, 415.14, to remove the requirements regarding to consent to treatment with psychoactive medications because of they are duplicative.
- 5.0.1 Adopted Rules Re:
- 6 Texas Health and Human Services Commission
Texas Medical Board
Proposed Rules Re:
Amending 22 TAC §161.48, to establish another pathway for individuals to be issued a limited license to practice medicine under a supervising practice agreement with a sponsoring physician.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER J. LIMITED LICENSES
22 TAC §161.48
OVERVIEW
The Texas Medical Board (Board) proposes new rule §161.48, concerning Physician Graduates, and new rule §161.53, concerning Provisional License to Foreign Medical License Holders with Offers of Employment.
BACKGROUND AND JUSTIFICATION
These rules are mandated by the passage of HB 2038 (89th Regular Legislative Session) which amended the Texas Occupations Code Chapter 155. HB 2038, known as the “DOCTOR Act,” provides new pathways to licensing foreign trained physicians and medical school graduates who do not match into a resident training program.
SECTION-BY-SECTION SUMMARY
New §161.48, Physician Graduates, provides a pathway for certain individuals to be issued a limited license under to practice medicine under a supervising practice agreement with a sponsoring physician. The Bill provides that the Board shall issue a license to an individual who has graduated from a board-recognized accredited medical school in the United States or Canada or a medical school located outside of the United States and Canada that the board recognizes as acceptable; be licensed and in good standing to practice medicine in another country; has passed the first and second components of the USMLE; and is not enrolled in a board-approved postgraduate residency program. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.
Amending 22 TAC §161.53, to set forth the requirements for the Board to issue an initial provisional license to practice medicine.
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER K. TEMPORARY LICENSES
22 TAC §161.53
OVERVIEW
The Texas Medical Board (Board) proposes new rule §161.48, concerning Physician Graduates, and new rule §161.53, concerning Provisional License to Foreign Medical License Holders with Offers of Employment.
BACKGROUND AND JUSTIFICATION
These rules are mandated by the passage of HB 2038 (89th Regular Legislative Session) which amended the Texas Occupations Code Chapter 155. HB 2038, known as the “DOCTOR Act,” provides new pathways to licensing foreign trained physicians and medical school graduates who do not match into a resident training program.
SECTION-BY-SECTION SUMMARY
New §161.53, Provisional License to Foreign Medical License Holders with Offers of Employment, provides that the Board shall issue an initial provisional license to practice medicine to an applicant who: has been granted a degree of doctor of medicine by a program of medical education that meets eligibility requirements for the applicant to apply for certification by the Educational Commission for Foreign Medial Graduates; has been licensed in good standing to practice medicine in another country and is not the subject of any pending disciplinary action before the licensing body; has completed a residency or a substantially similar postgraduate medical training required by the applicant’s country of licensure; passes the Texas medical jurisprudence examination; has proficiency in the English language; is authorized under federal law to work in the United States; has been offered employment in this state as a physician by a person who provides health care services in the normal course of business in a facility-based or group practice setting, including a health system, hospital, hospital-based facility, freestanding emergency facility, or urgent care clinic; has passed the first and second steps of the USMLE examination.
Texas State Board of Examiners of Psychologists
Adopted Rules Re:
Adopting 22 TAC §465.2, to require supervisors to develop a custody plan for all supervision records in the event of death or disability.
CHAPTER 465. RULES OF PRACTICE
22 TAC §465.2
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts amendments to §465.2, relating to Supervision. Section 465.2 is amended without changes as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5127) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments would require supervisors to develop a custody plan for all supervision records in the event of death or disability. The amendments would also require supervisors to develop a written remediation plan to address any deficiencies identified in a supervisee’s practice skills. The amendments would require supervisees to provide any remediation plan to current and future supervisors, as well as to notify supervisors of any complaint against the supervisee. Finally, the amendments would remove the requirements that supervisors keep documentation of a supervisee’s professional liability insurance coverage.
Adopting 22 TAC §465.34, to allow a licensee to form a collaborative relationship with other mental health service providers seen by the licensee’ client.
CHAPTER 465. RULES OF PRACTICE
22 TAC §465.34
OVERVIEW
The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Examiners of Psychologists adopts amendments to §465.34, relating to Providing Mental Health Services to Those Served by Others. Section 465.34 is amended without changes as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5129) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendment requires a licensee, with the consent of a client, to attempt to form a collaborative relationship with any other mental health service provider seen by that client, rather than establishing a strict requirement that a licensee consult with the other provider.
Texas State Board of Examiners of Marriage and Family Therapists
Adopted Rules Re:
Adopting 22 TAC §801.44, to require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and try to establish a collaborative relationship with that provider.
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 adopts amendments to §801.44, relating to Relationships with Clients. Section 801.44 is adopted without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5134). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendment would require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and to strive to establish a collaborative relationship with that provider.
Adopting 22 TAC §801.142, to set forth LMFT Associate notification requirements.
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 without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5136). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments would require an LMFT Associate who becomes the subject of a complaint to notify their supervisor of the complaint. The amendments also clarify an Associate must file a Supervisory Agreement Form with the Council for each supervisor. The amendments would also require an Associate that receives a remediation plan to share a copy of that plan with any other current or future supervisors.
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 without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5138). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendment would clarify that a supervisor may share a copy of a remediation plan with any other supervisor of an LMFT Associate. The amendment would also clarify the actions a licensee must take upon the loss of supervisor status, either through a disciplinary revocation or a lapse in active licensure.
Texas Behavioral Health Executive Council
Adopted Rules Re:
Adopting 22 TAC §882.1, to standardize the expiation of incomplete license applications.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.1
OVERVIEW
The Texas Behavioral Health Executive Council adopts amendments to §882.1, relating to Application Process. Section 882.1 is adopted without changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5140) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendment will standardize the expiration of incomplete license applications at 180 days from the date of receipt.
Adopting 22 TAC §882.2, to specify that time periods for licensed experience shall begin when the relevant license is issued.
CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER A. LICENSE APPLICATIONS
22 TAC §882.2
OVERVIEW
The Texas Behavioral Health Executive Council adopts amendments to §882.2, relating to General Application File Requirements. Section 882.2 is adopted with changes to the proposed text as published in the August 8, 2025, issue of the Texas Register (50 TexReg 5142). The rule will be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendment will specify that calculation of time periods for licensed experience shall begin when the relevant license is issued.
Adopting 22 TAC §882.21, to allow licensees with a delinquent license to transfer that license into inactive status.
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 8, 2025, issue of the Texas Register (50 TexReg 5143) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendment will allow licensees with a delinquent license to transfer that license into inactive status.
Texas Department of State Health Services
Adopted Rules Re:
Adopting 25 TAC §§13.81 – 13.87, to broaden the language to ensure program rules are not more restrictive than the statute.
CHAPTER 13. HEALTH PLANNING AND RESOURCE DEVELOPMENT
SUBCHAPTER G. WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM
25 TAC §§13.81 – 13.87
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §13.81, concerning Purpose; §13.82, concerning Definitions; §13.83, concerning Grant Application Procedures; §13.84, concerning Program Funding and Award Amounts; §13.85, concerning Award Criteria and Selection for Funding; §13.86, concerning General Information; and §13.87, concerning Reporting.
Section 13.81 is adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4204) with the addition of the Correction of Error notice published in the August 8, 2025, issue of the Texas Register (50 TexReg 5256). Sections 13.82 – 13.87 are adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4204). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the amendments is to broaden language to ensure program rules are not more restrictive than statute. Throughout the rules, the term “Request for Applications” is replaced with the more general term “solicitation.” The proposed amendments remove requirements for “short-term and long-term” performance measures and remove language related to priority selection, which will instead be defined in each solicitation. The amendments improve flexibility in implementation of the grant program and increase accessibility to grant funds for health care facilities. Additionally, amendments reflect rule writing standards and plain language expectations to ensure clarity and readability.
Adopting 25 TAC §§229.341 – 229.357, to repeal these rules because the requirement no longer exists.
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER T. LICENSURE OF TANNING FACILITIES
25 TAC §§229.341 – 229.357
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 25 Texas Administrative Code (TAC) Chapter 229, Subchapter T, concerning Licensure of Tanning Facilities, which consists of §§229.341 – 229.357. The repeals are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3364). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to comply with Health and Safety Code Chapter 145 as amended by Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session, 2015. S.B. 202 is related to the transfer of certain occupational regulatory programs and the deregulation of certain activities and occupations. S.B. 202 amended certain provisions in Health and Safety Code Chapter 145, relating to the licensing and regulation of tanning facilities, including the removal of the requirement to license. Subchapter T is being repealed because the requirement for DSHS to license tanning facilities no longer exists.
Adopting 25 TAC §401.464, to delete the rule.
CHAPTER 401. MENTAL HEALTH SYSTEM ADMINISTRATION
SUBCHAPTER G. LOCAL MENTAL HEALTH AUTHORITY NOTIFICATION AND APPEAL
25 TAC §401.464
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 401, consisting of §401.464, concerning Notification and Appeals Process. The repeal of §401.464 is adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2890) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to delete an obsolete rule in Title 25, Texas Administrative Code (TAC), Chapter 401, Subchapter G, adopted in 1994. HHSC addresses the topic of this rule in similar rules located in 26 TAC, Chapter 301, Subchapter D.
Adopting 25 TAC §404.168, §404.169, to delete the rules.
CHAPTER 404. PROTECTION OF CLIENTS AND STAFF–MENTAL HEALTH SERVICES
SUBCHAPTER E. RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
25 TAC §404.168, §404.169
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 404, consisting of §404.168, concerning References; and §404.169, concerning Distribution. The repeals of §404.168 and §404.169 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2891) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code, Chapter 404, Subchapter E, adopted in 1996. The rules are no longer necessary.
Adopting 25 TAC §405.116, to delete the rule.
CHAPTER 405. PATIENT CARE–MENTAL HEALTH SERVICES
SUBCHAPTER E. ELECTROCONVULSIVE THERAPY (ECT)
25 TAC §405.116
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 405, consisting of §405.116, concerning Distribution. The repeal of §405.116 is adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2892) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to delete an obsolete rule in Title 25, Texas Administrative Code, Chapter 405, Subchapter E, adopted in 1993. Senate Bill 800, 87th Legislature, Regular Session, 2021, repealed the requirement to submit an annual report.
Adopting 25 TAC §§411.61, 411.62, 411.64, to delete the rules.
CHAPTER 411. STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER B. INTERAGENCY AGREEMENTS
25 TAC §§411.61, 411.62, 411.64
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 411, consisting of §411.61, concerning Memorandum of Understanding Concerning Capacity Assessment for Self-Care and Financial Management; §411.62, concerning Memorandum of Understanding concerning Continuity of Care System for Offenders with Mental Impairments; and §411.64, concerning Memorandum of Understanding (MOU) on Relocation Pilot Program. The repeals of §§411.61, 411.62, and 411.64 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2893) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 411, Subchapter B, adopted in 1999 and 2003. Texas Health and Safety Code §533.044 and 40 TAC, §71.104, have been repealed. Additionally, Texas Health and Safety Code §614.013 no longer requires an MOU to be formally adopted by rule.
Adopting 25 TAC §412.63, §412.64, to delete the rules.
CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER B. CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES
25 TAC §412.63, §412.64
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 412, consisting of §412.63 concerning References; §412.64, concerning Distribution; §412.114, concerning References; and §412.115, concerning Distribution. The repeals of §§412.63, 412.64, 412.114, and 412.115 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2894) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code, Chapter 412, Local Mental Health Authority Responsibilities, Subchapter B and Subchapter C. The rules are outdated and no longer necessary.
Adopting 25 TAC §412.114, §412.115, to delete the rules.
CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER C. CHARGES FOR COMMUNITY SERVICES
25 TAC §412.114, §412.115
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 412, consisting of §412.63 concerning References; §412.64, concerning Distribution; §412.114, concerning References; and §412.115, concerning Distribution. The repeals of §§412.63, 412.64, 412.114, and 412.115 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2894) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code, Chapter 412, Local Mental Health Authority Responsibilities, Subchapter B and Subchapter C. The rules are outdated and no longer necessary.
Adopting 25 TAC §414.414, §414.415, to delete the rules.
CHAPTER 414. RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
SUBCHAPTER I. CONSENT TO TREATMENT WITH PSYCHOACTIVE MEDICATION–MENTAL HEALTH SERVICES
25 TAC §414.414, §414.415
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 414, consisting of §414.414, concerning References; §414.415, concerning Distribution; §414.508, concerning References; §414.509, concerning Distribution; §414.551, concerning Purpose; §414.552, concerning Application; §414.553, concerning Definitions; §414.554, concerning Responsibilities of Local Authorities, Community Centers, and Contractors; §414.555, concerning Information To Be Provided to Victim or Alleged Victim and Others; §414.556, concerning Investigations Conducted by the Texas Department of Protective and Regulatory Services (TDPRS); §414.557, concerning Disciplinary and Other Action; §414.558, concerning Data Reporting Responsibilities; §414.559, concerning Confidentiality of Investigative Process and Report; §414.560, concerning Competency of Employees and Agents; §414.561, concerning TDMHMR Oversight Responsibilities; §414.562, concerning Exhibits; §414.563, concerning References; and §414.564 concerning Distribution. The repeals of §§14.414, 414.415, 414.508, 414.509, 414.551, 414.552, 414.553, 414.554, 414.555, 14.556, 414.557, 414.558, 414.559, 414.560, 414.561, 414.562, 414.563, and 414.564 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2895) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 414, Subchapter I and Subchapter K, adopted in 2004. The rules are outdated and no longer necessary.
Additionally, the repeals delete obsolete rules in 25 TAC Chapter 414, Subchapter L, adopted in 2001. HHSC addresses the topic of these rules in similar rules located in 26 TAC, Chapter 301, Subchapter M.
Adopting 25 TAC §414.508, §414.509, to delete the rules.
CHAPTER 414. RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
SUBCHAPTER K. CRIMINAL HISTORY AND REGISTRY CLEARANCES
25 TAC §414.508, §414.509
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 414, consisting of §414.414, concerning References; §414.415, concerning Distribution; §414.508, concerning References; §414.509, concerning Distribution; §414.551, concerning Purpose; §414.552, concerning Application; §414.553, concerning Definitions; §414.554, concerning Responsibilities of Local Authorities, Community Centers, and Contractors; §414.555, concerning Information To Be Provided to Victim or Alleged Victim and Others; §414.556, concerning Investigations Conducted by the Texas Department of Protective and Regulatory Services (TDPRS); §414.557, concerning Disciplinary and Other Action; §414.558, concerning Data Reporting Responsibilities; §414.559, concerning Confidentiality of Investigative Process and Report; §414.560, concerning Competency of Employees and Agents; §414.561, concerning TDMHMR Oversight Responsibilities; §414.562, concerning Exhibits; §414.563, concerning References; and §414.564 concerning Distribution. The repeals of §§14.414, 414.415, 414.508, 414.509, 414.551, 414.552, 414.553, 414.554, 414.555, 14.556, 414.557, 414.558, 414.559, 414.560, 414.561, 414.562, 414.563, and 414.564 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2895) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 414, Subchapter I and Subchapter K, adopted in 2004. The rules are outdated and no longer necessary.
Additionally, the repeals delete obsolete rules in 25 TAC Chapter 414, Subchapter L, adopted in 2001. HHSC addresses the topic of these rules in similar rules located in 26 TAC, Chapter 301, Subchapter M.
Adopting 25 TAC §§414.551 – 414.564, to delete the rules.
CHAPTER 414. RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
SUBCHAPTER L. ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS
25 TAC §§414.551 – 414.564
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 414, consisting of §414.414, concerning References; §414.415, concerning Distribution; §414.508, concerning References; §414.509, concerning Distribution; §414.551, concerning Purpose; §414.552, concerning Application; §414.553, concerning Definitions; §414.554, concerning Responsibilities of Local Authorities, Community Centers, and Contractors; §414.555, concerning Information To Be Provided to Victim or Alleged Victim and Others; §414.556, concerning Investigations Conducted by the Texas Department of Protective and Regulatory Services (TDPRS); §414.557, concerning Disciplinary and Other Action; §414.558, concerning Data Reporting Responsibilities; §414.559, concerning Confidentiality of Investigative Process and Report; §414.560, concerning Competency of Employees and Agents; §414.561, concerning TDMHMR Oversight Responsibilities; §414.562, concerning Exhibits; §414.563, concerning References; and §414.564 concerning Distribution. The repeals of §§14.414, 414.415, 414.508, 414.509, 414.551, 414.552, 414.553, 414.554, 414.555, 14.556, 414.557, 414.558, 414.559, 414.560, 414.561, 414.562, 414.563, and 414.564 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2895) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 414, Subchapter I and Subchapter K, adopted in 2004. The rules are outdated and no longer necessary.
Additionally, the repeals delete obsolete rules in 25 TAC Chapter 414, Subchapter L, adopted in 2001. HHSC addresses the topic of these rules in similar rules located in 26 TAC, Chapter 301, Subchapter M.
Adopting 25 TAC §§415.4, 415.9, 415.13, 415.14, to remove the requirements regarding to consent to treatment with psychoactive medications because of they are duplicative.
CHAPTER 415. PROVIDER CLINICAL RESPONSIBILITIES–MENTAL HEALTH SERVICES
SUBCHAPTER A. PRESCRIBING OF PSYCHOACTIVE MEDICATION
25 TAC §§415.4, 415.9, 415.13, 415.14
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of §415.4, concerning Philosophy; §415.9, concerning Consent and Patient Education; §415.13, concerning References; and §415.14, concerning Distribution. The repeals of §§415.4, 415.9, 415.13, and 415.14 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2897) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code, Chapter 415, Subchapter A, adopted in 2004. The rules are duplicative or are no longer necessary.
Texas Health and Human Services Commission
Adopted Rule Review Re:
Adopting Title 26, Part 1, concerning State Long-Term Care Ombudsman Program.
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 88, State Long-Term Care Ombudsman Program
In Addition Re:
Public Notice
This revised Public Notice of Intent (PNI) clarifies one change from the PNI that was issued on October 31, 2025. The only change made to the PNI is to clarify that HHSC removed performance measure C.c.2, “Number and percent of newly enrolled FMSAs that attended all initial required training in accordance with the approved waiver. N: Number of newly enrolled FMSAs that attended all initial required training in accordance with the approved waiver. D: Number of newly enrolled FMSAs requiring initial training.”