Texas Register October 11, 2019 Volume: 44 Number: 41

State Board of Dental Examiners

 

Proposed Rules

Dental Licensure: Consideration of Criminal Convictions

CHAPTER 101. DENTAL LICENSURE22 TAC §101.8The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §101.8, concerning persons with criminal backgrounds. This amendment will implement the changes to the Board’s consideration of criminal convictions required by H.B. 1342 of the 86th Legislature, and the automatic application denials and revocations of licenses required by H.B. 1899 of the 86th Legislature.


State Board of Dental Examiners

Proposed Rules

Amending 16 TAC §121.75 to make editorial changes to the behavior analyst Code of Ethics

CHAPTER 104. CONTINUING EDUCATION22 TAC §104.1The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §104.1, concerning continuing education requirements. This amendment will implement the requirements for safe and effective pain management education required by H.B. 2454 of the 86th Legislature and implementing the requirements of Section 257.005(b-1) of the Occupations Code. Per Section 4 of H.B. 2454, the requirements of additional continuing education do not apply to renewal applications submitted before January 1, 2021. Additionally, this amendment permits continuing education courses taken pursuant to 22 TAC §111.1 to satisfy recordkeeping continuing education requirements; the Board is proposing an amendment to 22 TAC §111.1 simultaneously with this amendment.


State Board of Dental Examiners

Proposed Rules

Standard for Prescribing Controlled Substances and Dangerous Drugs

CHAPTER 111. STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS22 TAC §111.1The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §111.1, concerning additional continuing education requirements for prescribing controlled substances. This amendment will implement the requirements for continuing education required by H.B. 2174 of the 86th Legislature and the requirements of Section 481.07635 of the Health and Safety Code. Per Section 17 of H.B. 2174, the requirements of additional continuing education must be completed by September 1, 2021, for dentists who hold authorization to prescribe controlled substances issued before September 1, 2020.


Texas Department of State Health Services

Proposed Rules

Access to Immunization Registry

CHAPTER 100. IMMUNIZATION REGISTRY25 TAC §§100.1 – 100.8, 100.10The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §§100.1 – 100.8 and 100.10, concerning the Texas Immunization Registry (registry).BACKGROUND AND PURPOSEDSHS offers the registry at no cost to all Texans. The registry is secure and confidential and safely consolidates and stores immunization records from multiple sources in one centralized system.Texas law requires written consent by individuals to participate in the registry. Access to the registry records is for those who have authorization. Authorized organizations include health care providers, schools, and public health departments. The registry is part of an initiative to increase vaccine coverage across Texas.This proposal is necessary to comply with H.B. 1256, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, Chapter 161. The new law requires DSHS to establish a process to provide an employer of a first responder with direct access in the registry for verification of the first responder’s immunization history. This process requires the prior written or electronic consent of the first responder. H.B. 1256 addresses concerns that some first responders may be unaware of their vaccination status and lack access to their immunization information, which could delay their ability to render aid during a declared disaster quickly and effectively.


Texas Board of Nursing

Adopted Rules

APRN: Prescriptive Authority Agreement

CHAPTER 222. ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY22 TAC §222.5Introduction. The Texas Board of Nursing (Board) adopts amendments to §222.5, concerning Prescriptive Authority Agreement. The amendments are adopted without changes to the proposed text published in the August 23, 2019, issue of the Texas Register (44 TexReg 4458) and will not be republished.Reasoned Justification. The amendments are adopted under the authority of the Texas Occupations Code §157.0512(e) and (f) and House Bill (HB) 278, enacted by the 86th Texas Legislature, effective September 1, 2019.HB 278 simplifies the existing statutory requirements related to prescriptive authority agreements by eliminating the necessity of face-to-face meetings between a delegating physician and an advanced practice registered nurse (APRN) and requiring monthly meetings between the parties. The adopted amendments are necessary to conform to these statutory changes.A prescriptive authority agreement is still required to specify the general process for communication and sharing of information between the parties related to the care and treatment of patients. Further, the periodic meetings between the parties must still include the sharing of information related to patient treatment and care, needed changes in patient care plans, issues relating to referrals, and discussion of patient care improvement. However, HB 278 allows the parties to determine the manner in which the meetings will take place and only mandates monthly meetings. Parties are still permitted, of course, to meet face-to-face and more frequently than once a month if they choose to do so.How the Section Will Function. Adopted §222.5(c)(9) requires a prescriptive authority agreement to describe a prescriptive authority quality assurance and improvement plan and to specify methods for documenting the implementation of the plan. The agreement must include periodic meetings between a physician and an APRN and must occur at least once a month, in a manner determined by the physician and the APRN. The adopted amendments also eliminate references to the former manner of calculating the required frequency of meetings between a delegating physician and APRN.


Texas Health and Human Services Commission

In Addition

Public Notice of Amendment to the Home and Community-based Services Program Reimbursement Methodology

Amendment to the Home and Community-based Services ProgramPublic NoticeThe Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request to amend the Home and Community-based Services (HCS) waiver administered under section 1915(c) of the Social Security Act. CMS has approved this waiver through August 31, 2023. The proposed effective date for the amendment is February 14, 2020, or the date CMS approves the amendment, whichever is earlier.The request proposes to make the following changes based on the 2020-2021 General Appropriations Act (GAA), House Bill (H.B.) 1, 86th Legislature, Regular Session, 2019 (Article II, HHSC, Rider 44(a)(1)) which provided appropriations to increase rates in the HCS program:Appendix I–Change the rate methodology to temporarily increase the direct care portion of the supervised living and residential support services rates.The HCS waiver program provides services and supports to individuals with intellectual disabilities who live in their own homes, a family member’s home, or community settings, such as small three and four-person homes. To be eligible for the waiver, an individual must meet financial eligibility criteria and meet the level of care required for admission into an intermediate care facility for individuals with an intellectual disability or related condition.


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Long-Range Planning for State Supported Living Centers

Notice of Public Hearing on Long-Range Planning for State Supported Living CentersThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on Tuesday, November 26, 2019, at 9:00 a.m. at the Robert D. Moreton Building, Room M-100, 1100 West 49th St., Austin, TX 78756. The purpose of the hearing is to receive public comment on the long-range planning for State Supported Living Centers, including resident quality of care, community-based services, services to transition back to the community, and availability of services.