16 Oct 2020

Texas Register October 16, 2020 Volume: 45 Number: 42

by | posted in: Governor, Texas Department of Licensing and Regulation, Texas Department of State Health Services, Texas Health and Human Services Commission, Texas Medical Board |

Texas Register Table of Contents

Governor

 

Appointments

Governor appoints Kimberly Haynes, D.M.D., to the Statewide Health Coordinating Council

Appointments for September 30, 2020:Appointed to the Statewide Health Coordinating Council, for a term to expire August 31, 2025, Kimberly N. Haynes, D.M.D. of Leander, Texas (replacing Ayeez A. Lalji, D.D.S. of Sugar Land, whose term expired).

Governor

Notices

Executive Order GA-32: Allowing businesses to reopen at 75% capacity, with a caveat for nursing homes, state supported living centers, assisted living facilities, and long-term care facilities

OVERVIEWBy virtue of the power and authority vested by the Constitution and laws of the State of Texas, and in accordance with guidance from the Commissioner of the Texas Department of State Health Services, Dr. John Hellerstedt, other medical advisors, the White House, and the CDC, Governor hereby orders that, on a statewide basis effective at 12:01 a.m. on October 14, 2020, every business establishment in Texas shall operate at no more than 75 percent of the total listed occupancy of the establishment. This order includes 15 caveats, listed at 45 Tex Reg 7347, one of which states: “People may visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities as determined through guidance from the Texas Health and Human Services Commission (HHSC). Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow infection control policies and practices set forth by HHSC, including minimizing the movement of staff between facilities whenever possible.”BACKGROUND AND JUSTIFICATION Governor’s rationale for issuing Executive Order GA-32 is included in this week’s edition of the Texas Register (45 Tex Reg 7347). 

Governor

Notices

Proclamation 41-3774: Renewing the disaster proclamation for all Texas counties due to the COVID-19 pandemic

OVERVIEWIn accordance with the authority vested by Section 418.014 of the Texas Government Code, Governor hereby renews the disaster proclamation for all counties in Texas.IMPLICATIONSPursuant to Section 418.017, Governor authorizes the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’ s emergency response that is necessary to cope with this declared disaster, Governor hereby suspends such statutes and rules for the duration of this declared disaster for that limited purpose.BACKGROUND AND JUSTIFICATION Governor’s rationale for issuing Proclamation 41-3774 is included in this week’s edition of the Texas Register (45 Tex Reg 7350). 

Texas Medical Board

Emergency Rule

Renewing the emergency amendments to 22 TAC §187.2 and §187.6, which allow participants to appear before Board proceedings via videoconference or teleconference

CHAPTER 187. PROCEDURAL RULESSUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS22 TAC §187.2, §187.6OVERVIEWThe Texas Medical Board is renewing the effectiveness of emergency amended §187.2 and §187.6 for a 60-day period. The text of the emergency rule was originally published in the July 3, 2020, issue of the Texas Register (45 TexReg 4430).The emergency amendment to §187.2(6) adds a definition of “appear/appearance” to include the opportunity to appear before a Board proceeding via videoconference or teleconference. The amendments to §187.6 are conforming amendments to incorporate consistent usage of the term “appear” and “appearance.”BACKGROUND AND JUSTIFICATION There is currently a sharp increase in COVID-19 cases in certain areas of Texas. Further, Governor Abbott stated on June 23, 2020, “[u]nless you do need to go out, the safest place for you is at your home.” Thus, the emergency amendments are necessary to facilitate safe continuity of operations of the Texas Medical Board with respect to resolution of complaint investigations. These complaint investigations and disciplinary process comprise essential functions of the Board. The Board currently has approximately 175 cases postponed. The emergency amendments will provide the Board with the ability to implement maximum safety measures mitigating against the spread of COVID-19.

Texas Health and Human Services Commission

Proposed Rules

Amending 1 TAC §354.1003 to update and clarify timing requirements for submitting a Medicaid reimbursement claim

CHAPTER 354. MEDICAID HEALTH SERVICESSUBCHAPTER A. PURCHASED HEALTH SERVICESDIVISION 1. MEDICAID PROCEDURES FOR PROVIDERS1 TAC §354.1003OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §354.1003, concerning Time Limits for Submitted Claims.SECTION-BY-SECTION SUMMARYThe proposed amendment to §354.1003(b) makes editorial changes in the reference to §354.2217 to clarify its location in the Texas Administrative Code, by replacing “of this title” with “of this chapter” and to add the title of §354.2217.The proposed amendment to §354.1003(g) adds language clarifying that the forthcoming exceptions would only be considered to the extent they are allowed by federal law. The proposed amendment also adds new paragraph (4), which creates a new exception to the requirement that claims are processed within 24 months of the date of service. The new exception allows HHSC to consider situations not already listed in the rule as exceptions to the provider 24-month time limit for filing claims if the provider shows good cause.BACKGROUND AND JUSTIFICATION Under §354.1003, most Medicaid providers must submit claims to the Medicaid claims administrator within 95 days from the date of service or the claims will be denied for late filing. Additionally, providers must adhere to claims filing and appeal deadlines, and all claims, including all appeals processes, must be finalized within 24 months of the date of service. On occasion, circumstances either partially or wholly beyond the providers’ control result in claims being finalized outside of this 24-month timeliness requirement. The purpose of this amendment is to add an exception to the rule that allows HHSC to consider situations not already listed as exceptions to the provider 24-month time limit for filing claims, to the extent permitted by state and federal law, if the provider shows good cause. Exceptions for this reason are currently made on a case-by-case basis and adding this additional exception will bring the rule into alignment with current practice.

Texas Health and Human Services Commission

Proposed Rules

Repealing 1 TAC, Chapter 383 to allow updated and reorganized rules regarding the interstate compact on mental health and intellectual / developmental disabilities to be proposed in 26 TAC, Chapter 903

CHAPTER 383. INTERSTATE COMPACT ON MENTAL HEALTH AND MENTAL RETARDATION1 TAC §§383.101, 383.103, 383.105, 383.107, 383.109, 383.111, 383.113, 383.115, 383.117, 383.119, 383.121, 383.123OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of the following sections located in Texas Administrative Code (TAC) Title 1, Part 15, Chapter 383, which have not been reviewed since 2001 and reference an agency that no longer exists – Texas Department of Mental Health and Mental Retardation:§383.101.Purpose.§383.103.Application.§383.105.Definitions.§383.107.Prerequisite for Transfer.§383.109.Legal Basis for Institutionalization.§383.111.Coordinating Requests for Interstate Transfer.§383.113.Requests for Persons with Mental Retardation To Be Transferred from Texas.§383.115.Requests for Persons with Mental Illness To Be Transferred from Texas.§383.117.Requests for Persons with Mental Retardation to Transfer to Texas.§383.119.Requests for Persons with Mental Illness to Transfer to Texas.§383.121.Exhibits.§383.123.References.The proposed repeals delete the rules in 1 TAC Chapter 383, to allow updated and reorganized rules to be proposed in 26 TAC Chapter 903.BACKGROUND AND JUSTIFICATION New rules are proposed elsewhere in this issue of the Texas Register, in 26 TAC Chapter 903, Interstate Compact on Mental Health and Intellectual and Developmental Disabilities. The new rules in Chapter 903 update and reorganize rules addressing the interstate compact on mental health and intellectual and developmental disabilities.

Texas Department of State Health Services

Proposed Rules

New 25 TAC, Chapter 40, Subchapter B, establishing rules for administration, maintenance, and disposal of epinephrine auto-injectors in certain entities

CHAPTER 40. EPINEPHRINE AUTO-INJECTOR AND ANAPHYLAXIS POLICIESSUBCHAPTER B. EPINEPHRINE AUTO-INJECTOR POLICIES IN CERTAIN ENTITIES25 TAC §§40.11 – 40.18OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§40.11 – 40.18, concerning Epinephrine Auto-Injector Policies in Certain Entities.SECTION-BY-SECTION SUMMARYProposed new §40.11 describes the purpose of the subchapter, which is to establish minimum standards for administering, maintaining, and disposing of epinephrine auto-injectors in entities that voluntarily adopt epinephrine auto-injector policies.Proposed new §40.12 states that specified entities may adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors at each venue’s property. If a written policy is voluntarily adopted under this subchapter, the policy must comply with Texas Health and Safety Code, §773.0145, and this subchapter.Proposed new §40.13 defines terms used in the rules relating to the maintenance, administration, and disposal of epinephrine auto-injectors in certain entities.Proposed new §40.14 states that the rules apply to any venue that chooses to voluntarily adopt and implement a written policy regarding the maintenance, administration, and disposal of epinephrine auto-injectors at each venue.Proposed new §40.15 addresses unassigned epinephrine auto-injector policy requirements in venues.Proposed new §40.16 addresses training requirements for venue personnel and venue volunteers in the administration of epinephrine auto-injectors and recognition of anaphylaxis.Proposed new §40.17 addresses the required reporting of administering an epinephrine auto-injector.Proposed new §40.18 addresses the immunity from liability as outlined in this subchapter and Texas Health and Safety Code, §773.0145.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to implement House Bill (H.B.) 1849 and H.B. 4260, 86th Legislature, Regular Session, 2019, which amended Texas Human Resources Code, Chapter 42, Subchapter C, and Texas Health and Safety Code, Chapter 773, Subchapter A. The bills require the adoption of rules for the stocking and administering of unassigned epinephrine auto-injectors in amusement parks, restaurants, sports venues, child-care facilities, day camps or youth camps, youth centers, small employer-based day-care facilities, temporary shelter day-care facilities, and listed family homes that voluntarily adopt unassigned epinephrine auto-injector policies. If a venue or youth facility voluntarily adopts a policy, trained personnel or volunteers may administer an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis.DSHS convened the Stock Epinephrine Advisory Committee (SEAC) to request recommendations on how to integrate evidence-based practices in the rules while allowing flexibility for the entities and youth facilities. The SEAC recommended stocking at least one adult epinephrine auto-injector pack, the required training to implement the rules, and the requirement to report the administration of an epinephrine auto-injector to DSHS within 10 business days after the administration of an epinephrine auto-injector. The proposed new rules allow flexibility so that venues and youth facilities may develop policies specific to each location, including geography and venue population size.

Texas Department of State Health Services

Proposed Rules

New 25 TAC, Chapter 40, Subchapter C, establishing rules for administration, maintenance, and disposal of epinephrine auto-injectors in youth facilities

CHAPTER 40. EPINEPHRINE AUTO-INJECTOR AND ANAPHYLAXIS POLICIESSUBCHAPTER C. EPINEPHRINE AUTO-INJECTOR POLICIES IN YOUTH FACILITIES25 TAC §§40.21 – 40.28OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§40.21 – 40.28, concerning Epinephrine Auto-Injector Policies in Youth Facilities.SECTION-BY-SECTION SUMMARYProposed new §40.21 addresses the purpose of the subchapter, which is to establish minimum standards for administering, maintaining, and disposing of epinephrine auto-injectors in youth facilities that voluntarily adopt epinephrine auto-injector policies.Proposed new §40.22 states that a youth facility may voluntarily adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors at each youth facility.Proposed new §40.23 defines terms used in the rules relating to the maintenance, administration, and disposal of epinephrine auto-injectors in youth facilities.Proposed new §40.24 states that the rules apply to any youth facility that voluntarily chooses to adopt and implement a written policy regarding the maintenance, administration, and disposal of epinephrine auto-injectors.Proposed new §40.25 addresses unassigned epinephrine auto-injector policy requirements in youth facilities.Proposed new §40.26 addresses training of facility personnel in the administration of epinephrine auto-injectors and the recognition of anaphylaxis.Proposed new §40.27 addresses the required reporting of administering an epinephrine auto-injector.Proposed new §40.28 addresses immunity from liability as outlined in this subchapter and Texas Health and Safety Code, §773.0145.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to implement House Bill (H.B.) 1849 and H.B. 4260, 86th Legislature, Regular Session, 2019, which amended Texas Human Resources Code, Chapter 42, Subchapter C, and Texas Health and Safety Code, Chapter 773, Subchapter A. The bills require the adoption of rules for the stocking and administering of unassigned epinephrine auto-injectors in amusement parks, restaurants, sports venues, child-care facilities, day camps or youth camps, youth centers, small employer-based day-care facilities, temporary shelter day-care facilities, and listed family homes that voluntarily adopt unassigned epinephrine auto-injector policies. If a venue or youth facility voluntarily adopts a policy, trained personnel or volunteers may administer an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis.DSHS convened the Stock Epinephrine Advisory Committee (SEAC) to request recommendations on how to integrate evidence-based practices in the rules while allowing flexibility for the entities and youth facilities. The SEAC recommended stocking at least one adult epinephrine auto-injector pack, the required training to implement the rules, and the requirement to report the administration of an epinephrine auto-injector to DSHS within 10 business days after the administration of an epinephrine auto-injector. The proposed new rules allow flexibility so that venues and youth facilities may develop policies specific to each location, including geography and venue population size.

Texas Department of State Health Services

Proposed Rules

New 25 TAC, Chapter 40, Subchapter D, establishing rules for administration, maintenance, and disposal of asthma medication in school systems

CHAPTER 40. EPINEPHRINE AUTO-INJECTOR AND ANAPHYLAXIS POLICIESSUBCHAPTER D. MAINTENANCE AND ADMINISTRATION OF ASTHMA MEDICATION25 TAC §§40.41 – 40.49OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§40.41 – 40.49, concerning Maintenance and Administration of Asthma Medication.SECTION-BY-SECTION SUMMARY Proposed new §40.41 states the purpose of the subchapter, which is to establish minimum standards for administering, maintaining, and disposing of unassigned asthma medication in school districts, open-enrollment charter schools, and private schools that voluntarily adopt unassigned asthma medication policies.Proposed new §40.42 defines terms used in the subchapter.Proposed new §40.43 states that the rules apply to any school district, open enrollment charter school, or private school that voluntarily chooses to adopt and implement a written unassigned asthma medication policy.Proposed new §40.44 addresses unassigned asthma medication policy requirements in school districts, open-enrollment charter schools, and private schools.Proposed new §40.45 addresses the prescription, administration, and disposal of unassigned asthma medication.Proposed new §40.46(a) states that a school district, open enrollment charter school, or private school that chooses to adopt a written unassigned asthma medication policy, or a campus that is subject to this subchapter is responsible for training school nurses. Subsection (b) states that a list of trained nurses be available upon request.Proposed new §40.47 addresses retaining records related to implementing and administering the unassigned asthma medication policy and reporting incidences of medication administration to DSHS with 10 days after the date a school nurse administers asthma medication via the DSHS’s website.Proposed new §40.48 addresses the requirements for notifying parents or guardians of the unassigned asthma medication policy.Proposed new §40.49 addresses the immunity of liability as outlined in Texas Education Code, §38.215(a).BACKGROUND AND JUSTIFICATION The purpose of the proposal is to implement House Bill (H.B.) 2243, 86th Legislature, Regular Session, 2019, which amended Texas Education Code, Chapter 38 Subchapter E. H.B. 2243 allows school districts, open-enrollment charter schools, and private schools to develop a policy to stock and administer asthma medication to a student if the student is reasonably believed to be experiencing a symptom of asthma; the school nurse has written authorization from a parent or guardian of the student stating that the school nurse may administer prescription asthma medication to the student; and the student has been diagnosed as having asthma.DSHS convened the Stock Epinephrine Advisory Committee (SEAC) to request recommendations on how to integrate evidence-based practices in the rules while allowing flexibility for the school districts and schools. The SEAC recommended to stock at least two doses of medication, the type of medication, the inclusion of the equipment to have on hand to administer the medication, and to report the administration of asthma medication to the DSHS Commissioner within 10 business days after administration of the medicine. The proposed new rules allow flexibility so that schools may develop policies specific to each campus, including campus geography and student population size.

Texas Department of State Health Services

Proposed Rules

New 26 TAC, Chapter 903, establishing updated rules related to the transfer of a person with intellectual / developmental disabilities and mental / behavioral health disorders

CHAPTER 903. INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES26 TAC §§903.1 – 903.8OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §903.1, concerning Purpose; §903.2, concerning Application; §903.3, concerning Definitions; §903.4, concerning Prerequisite for Transfer; §903.5, concerning Legal Basis for Institutionalization; §903.6, concerning Coordinating Requests for Interstate Transfer; §903.7, concerning Requests for a Person with Mental Illness or Intellectual and Developmental Disabilities to Transfer from Texas; and §903.8, concerning Requests for a Person with Mental Illness or Intellectual and Developmental Disabilities to Transfer to Texas.SECTION-BY-SECTION SUMMARYProposed new §903.1 establishes the purpose of the chapter.Proposed new §903.2 establishes to whom the chapter applies.Proposed new §903.3 provides terminology used in the chapter.Proposed new §903.4 establishes the prerequisites for transferring a person interstate.Proposed new §903.5 establishes when a person may be detained by the state.Proposed new §903.6 describes the coordination of requests for an interstate transfer.Proposed new §903.7 describes the process to request the transfer of a person with mental illness or intellectual and developmental disabilities from Texas.Proposed new §903.8 describes the process to request the transfer of a person with mental illness or intellectual and developmental disabilities to Texas.BACKGROUND AND JUSTIFICATION The purpose of this proposal is to introduce new updated and reorganized rules related to the transfer of a person with intellectual and developmental disabilities and mental or behavioral health disorders in Texas Administrative Code (TAC) Title 26, Part 1, Chapter 903 to replace the current rules in 1 TAC Chapter 383. The rules in Chapter 383 have not been reviewed since 2001 and reference an agency that no longer exists – the Texas Department of Mental Health and Mental Retardation.

Texas Department of Licensing and Regulation

Notices

Following official rule review, the Department has readopted 16 TAC, Chapter 120 (Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners) without changes

OVERVIEWFollowing official rule review of 16 Texas Administrative Code (TAC), Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules in their current form. As a result of the review process, the Department may propose amendments in the future that further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.BACKGROUND AND JUSTIFICATION The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners. The Notice of Intent to Review was published in the August 14, 2020, issue of the Texas Register (45 TexReg 5663). The public comment period closed on September 14, 2020.Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Dyslexia Therapy program under Texas Occupations Code, Chapter 403, were scheduled for this four-year review.The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists. The rules provide details that are not found in the program statutes but are necessary for implementation and operation of this program. For example, the rules detail the continuing education requirements, professional standards, and fees that are specific to this program. In addition, Texas Occupations Code §§403.052 and 403.209 specifically require that rules be adopted for this program. The Department did not receive any public comments in response to the Notice of Intent to Review.The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners.

Texas Health and Human Services Commission

In Addition

HHSC intends to submit an amendment to the Health Texas Women (HTW) Waiver to expand access to postpartum care services

OVERVIEWThe Health and Human Services Commission (HHSC) plans to submit a request to the Centers for Medicare & Medicaid Services (CMS) for an amendment to the Healthy Texas Women (HTW) waiver under section 1115 of the Social Security Act. CMS has approved this waiver through December 31, 2024.The waiver will request federal funding for postpartum care services to treat the following major health conditions recognized as contributing to maternal morbidity and mortality in Texas: Postpartum depression and other mental health conditionsCardiovascular and coronary conditionsSubstance use disordersDiabetesAsthmaIf approved by CMS, the waiver amendment proposed by HHSC will provide federal matching funds for postpartum care services for women enrolled in HTW, with an effective date of April 1, 2021.BACKGROUND AND JUSTIFICATION  This amendment is being requested to comply with Texas Health and Safety Code, Section 32.102, as added by Senate Bill (S.B.) 750, 86th Legislature, Regular Session, 2019. Section 32.102 requires HHSC to evaluate postpartum care services provided to women enrolled in the HTW program after the first 60 days of the postpartum period, and based on the evaluation, develop enhanced, cost-effective, and limited postpartum care services for women enrolled in the program. HHSC launched the enhanced postpartum care services package, called HTW Plus, for eligible women enrolled in HTW on September 1, 2020 using state general revenue funds.Section 23 of S.B. 750 directs HHSC to seek an amendment to the Section 1115 Demonstration Waiver to obtain CMS approval to draw down federal funds for the postpartum care services.PUBLIC COMMENTAn individual may obtain a free copy of the proposed waiver amendment, ask questions, obtain additional information, or submit comments regarding this amendment by contacting Amanda Sablan by U.S. mail, telephone, or email. Contact information is provided in this week’s edition of the Texas Register (45 Tex Reg 7475). 

Texas Department of State Health Services

In Addition

DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material for the second half of July 2020

OVERVIEWDuring the second half of July 2020, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials. Licensing decisions pertaining to each applicant is included in this week’s edition of the Texas Register. BACKGROUND AND JUSTIFICATIONIn issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.AFFECTED PERSONS’ RIGHT TO HEARINGA person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.

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