2 Oct 2020

Texas Register October 2, 2020 Volume: 45 Number: 40

by | posted in: Governor, Texas Behavioral Health Executive Council, Texas Department of State Health Services, Texas Department on Aging and Disability Services, Texas Health and Human Services Commission, Texas State Board of Examiners of Marriage and Family Therapists, Texas State Board of Examiners of Psychologists, Texas State Board of Pharmacy |

Texas Register Table of Contents

Governor

 

Appointments

Governor appoints eleven new members to the Task Force on Infectious Disease Preparedness and Response

Appointments for September 17, 2020Appointed to the Task Force on Infectious Disease Preparedness and Response, for terms to expire at the pleasure of the Governor: Ogechika K. “Oge” Alozie, M.D. of El Paso, Texas (replacing Muriel A. Marshall, D.O., Dr.P.H. of McKinney);Sheila M. Haley, Ph.D. of Lantana, Texas (replacing Janet M. Glowicz of Denton);Ruth Ruggero Hughs of Austin, Texas (replacing Rolando Pablos of West Lake Hills);Harrison Keller of Austin, Texas (replacing Raymund A. Paredes, Ph.D. of Austin);Tracy R. Norris of Austin, Texas (replacing John F. Nichols of San Marcos);Patrick L. O’Daniel of Austin, Texas (replacing Jesse W. “Dale” Wainwright of Austin);Daniel J. Owens of Bryan, Texas (replacing Brett P. Giroir, M.D. of College Station);Nancy D. Tanner of Amarillo, Texas (replacing Edward M. “Ed” Emmett of Houston);Surendra Kumar Varma, M.D. of Lubbock, Texas (pursuant to Health & Safety Code Sec. 81.404);Bobby Wilkinson of Wimberley, Texas (replacing Timothy K. “Tim” Irvine of Austin); andCecile Erwin Young of Austin, Texas (replacing Charles R. Smith, Jr. of Austin).

Governor

Notices

Executive Order GA-31: Requiring that certain hospitals suspend elective surgeries and that every hospital reserve 10% capacity during the COVID-19 crisis

OVERVIEWGreg Abbott, Governor of Texas, by virtue of the power and authority vested by the Constitution and laws of the State of Texas, does hereby order the following on a statewide basis effective immediately:1. Every hospital that is licensed under Chapter 241 of the Texas Health and Safety Code, and is also located in an area with high hospitalizations as defined below, shall postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition of, or to preserve the life of, a patient who without timely performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient’s physician; provided, however, that this prohibition shall not apply to any surgery or procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete any hospital capacity needed to cope with the COVID-19 disaster.”Areas with high hospitalizations” means any Trauma Service Area that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients exceeds 15 percent, until such time as the Trauma Service Area has seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of all hospitalized patients is 15 percent or less. A current list of areas with high hospitalizations will be maintained at www.dshs.texas.gov/ga3031.2. Furthermore, every hospital that is licensed under Chapter 241 of the Texas Health and Safety Code shall reserve at least 10 percent of its hospital capacity for treatment of COVID-19 patients, accounting for the range of clinical severity of COVID-19 patients, as determined by the Texas Health and Human Services Commission; provided, however, that any hospital that is part of a hospital system consisting of more than one member hospital may reserve less than 10 percent of its capacity so long as the cumulative capacity reserved throughout the hospital system within the same Trauma Service Area is at least 10 percent.LEGAL EFFECT Pursuant to Section 418.016(a) of the Texas Government Code, Governor hereby continues the suspension of the following provisions to the extent necessary to implement increased occupancy in the event of surge needs for hospital capacity due to COVID-19:25 TAC Sec. 133.162(d)(4)(A)(iii)(I);25 TAC Sec. 133.163(f)(1)(A)(i)(II)-(III); 25 TAC Sec. 133.163(f)(1)(B)(i)(III)-(IV); 25 TAC Sec. 133.163(m)(1)(B)(ii); 25 TAC Sec. 133.163(t)(1)(B)(iii)-(iv); 25 TAC Sec. 133.163(t)(1)(C); 25 TAC Sec. 133.163(t)(5)(B)-(C); and any other pertinent regulations or statutes, upon written approval of the Office of the Governor.This executive order supersedes Executive Orders GA-19 and GA-27, but does not supersede Executive Orders GA-10, GA-13, GA-17, GA-24, GA-25, GA-29, or GA-30. This executive order shall remain in effect and in full force until modified, amended, rescinded, or superseded by the governor.BACKGROUND AND JUSTIFICATION The Governor’s rationale for issuing Executive Order GA-31 is included in this week’s edition of the Texas Register (45 Tex Reg 6823).

Texas Department of State Health Services

Emergency Rule

Amending 25 TAC §135.2 and §135.26 to expand treatment capabilities and modify reporting requirements for Ambulatory Surgical Centers during the COVID-19 crisis

CHAPTER 135. AMBULATORY SURGICAL CENTERSSUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS25 TAC §135.2, §135.26OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC or Commission) adopts on an emergency basis in Title 25 Texas Administrative Code (TAC), Chapter 135, Ambulatory Surgical Centers, amendments to §135.2, Definitions, and §135.26, Reporting Requirements, to expand treatment capabilities and modify current reporting requirements for ambulatory surgical centers (ASCs) to mitigate issues caused by patient surge due to COVID-19.HHSC is adopting these emergency rule amendments to allow a currently licensed ASC to: (1) expand their treatment options to include other health care services, not surgical services alone; (2) allow for patient stays longer than 23 hours; (3) remove current reporting requirements for longer patient stays and hospital transfers. The emergency amendments also require an ASC to report additional information to the Department of State Health Services if that agency requires it.BACKGROUND AND JUSTIFICATION As authorized by Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency amendments to §135.2, Definitions, and §135.26, Reporting Requirements, in TAC, Title 25, Chapter 135, Ambulatory Surgical Centers.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §339.101, enabling the provision of essential services to individuals with intellectual and developmental disabilities during the COVID-19 crisis

CHAPTER 339. EMERGENCY RULE RELATED TO A STATE FACILITY, LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITY, LOCAL MENTAL HEALTH AUTHORITY, AND LOCAL BEHAVIORAL HEALTH AUTHORITYSUBCHAPTER A. COVID-19 EMERGENCY RULE26 TAC §339.101OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code (TAC), new Chapter 339, Subchapter A, §339.101, concerning an emergency rule in response to COVID-19 in order to ensure essential services are provided to individuals with intellectual and developmental disabilities (IDD). The rule allows individuals additional time to request certain reviews conducted by a local intellectual and developmental disability authority (LIDDA) and administrative hearings conducted by HHSC, and to take action to comply with certain accountability requirements. The rule also allows a LIDDA or state facility more time to submit to HHSC an individual’s request for an administrative hearing. The rule allows a meeting between a service coordinator and an individual to be conducted by telephone or videoconferencing, rather than face-to-face, and allows a visit to community living options to be conducted virtually rather than in-person. The rule changes the requirement that a LIDDA withdraw an offer of Home and Community-based Services Program services for certain reasons to a requirement that the LIDDA not withdraw an offer, or obtain HHSC’s approval before withdrawing an offer. The rule allows additional time for a LIDDA to complete certain activities after the LIDDA is notified of changes to an individual’s level of need (LON) and additional time to notify HHSC if the LIDDA is unable to complete the activities. The rule allows a LIDDA to assess an individual by telecommunication after the LIDDA is notified by HHSC of changes to an individual’s LON. The rule also allows a LIDDA more time to submit a plan of correction to HHSC after a review exit conference. The rule permits HHSC to implement the waivers the Centers for Medicare and Medicaid Services granted to Texas under Section 1135 of the Social Security Act concerning the preadmission screening and resident review (PASRR) process. The rule requires a nursing facility to submit each new admission as an exempted hospital discharge, which gives the LIDDA, local mental health authority (LMHA), or local behavioral health authority (LBHA) additional time to do a PASRR evaluation (PE), if one is required. The rule also permits a LIDDA, LMHA, or LBHA to conduct PEs and resident reviews and a habilitation coordinator to provide habilitation coordination by telephone or videoconferencing, rather than face-to-face.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule regarding Temporary Changes to Requirements.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §551.47, allowing limited indoor and outdoor visitation at limited care facilities during the COVID-19 crisis

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, Subchapter C, Standards for Licensure, new §551.47, an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a facility. HHSC is adopting this emergency rule to allow limited indoor and outdoor visitation in an intermediate care facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. This emergency rulemaking reflects the continued reopening of the State of Texas. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Intermediate Care Facility COVID-19 Response – Expansion of Reopening Visitation.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §553.2003, allowing limited indoor and outdoor visitation at assisted living facilities during the COVID-19 crisis

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 553, Licensing Standards for Assisted Living Facilities, Subchapter K, COVID-19 Emergency Rule, new §553.2003, an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a facility. HHSC is adopting this emergency rule to allow limited indoor and outdoor visitation in an assisted living facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the proposal is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Assisted Living Facility COVID-19 Response – Expansion of Reopening Visitation.

Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §558.950, allowing limited indoor and outdoor visitation at hospice inpatient units during the COVID-19 crisis

CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE26 TAC §558.950OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 558 Licensing Standards for Home and Community Support Services Agencies, new §558.950, concerning an emergency rule in response to COVID-19 in order to describe requirements for visitation in a hospice inpatient unit. HHSC is adopting this emergency rule to allow limited indoor and outdoor visitation in a hospice inpatient unit. The purpose of the rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Government Code §2001.034 the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Hospice Inpatient Units COVID-19 Response – Reopening Visitation.

Texas Department on Aging and Disability Services

Emergency Rule

New 40 TAC §9.198 and §9.199, establishing requirements related to visitation, personnel, and day habilitation for the Community-Based Services (HCS) program in response to COVID-19

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.198, §9.199OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 40, Part 1, Texas Administrative Code, Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, new §9.198 and §9.199, concerning emergency rules in response to COVID-19. HHSC is adopting these emergency rules to reduce the risk of spreading COVID-19 to individuals in the HCS program. These new rules describe the requirements HCS program providers must immediately put into place and the requirements they must follow for visitation, essential caregivers, and day habilitation.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these Emergency Rules for Program Provider Response to COVID-19 and HCS Expansion of Reopening Visitation.

Texas Department on Aging and Disability Services

Emergency Rule

New 40 TAC §19.2803, allowing limited indoor and outdoor visitation at nursing facilities during the COVID-19 crisis

CHAPTER 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATIONSUBCHAPTER CC. COVID-19 EMERGENCY RULE40 TAC §19.2803OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 40, Texas Administrative Code, Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification, new §19.2803, concerning an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a facility. HHSC is adopting this new emergency rule to require limited indoor and outdoor visitation in a nursing facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. This emergency rulemaking reflects the continued reopening of the State of Texas. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Nursing Facility COVID-19 Response – Expansion of Reopening Visitation.

Texas Department on Aging and Disability Services

Proposed Rules

Amending 22 TAC §283.2 to remove an outdated reference to a pharmacist intern-trainee

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.2The Texas State Board of Pharmacy proposes amendments to §283.2, concerning Definitions. The amendments, if adopted, remove an outdated reference to a pharmacist intern-trainee, a designation that no longer exists.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §283.4 to reflect current procedures for a pharmacy internship

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.4The Texas State Board of Pharmacy proposes amendments to §283.4, concerning Internship Requirements. The amendments, if adopted, will remove outdated references to a change of name fee and requirements to reflect current procedures.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §283.5 to remove the requirement mandating a certain ratio of pharmacists to interns

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.5The Texas State Board of Pharmacy proposes amendments to §283.5, concerning Pharmacist-Intern Duties. The amendments, if adopted, remove the ratio of pharmacists to pharmacist-interns and correct a grammatical error.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §283.11 to clarify the course work requirements for reciprocity applicants retaking the Texas Pharmacy Jurisprudence Examination

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.11The Texas State Board of Pharmacy proposes amendments to §283.11, concerning Examination Retake Requirements. The amendments, if adopted, clarify the course work requirements for reciprocity applicants retaking the Texas Pharmacy Jurisprudence Examination as only those provided for under Section 558.055 of the Texas Pharmacy Act.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.1 to require a pharmacy ownership training course for certain licensure applicants

CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.1The Texas State Board of Pharmacy proposes amendments to §291.1 concerning Pharmacy License Application. The amendments, if adopted, add a requirement for each non-pharmacist individual owner or managing officer of a Class A pharmacy license applicant to attend a pharmacy ownership training course.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.3 to require a pharmacy ownership training course in the event of a licensee’s change of ownership

CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.3The Texas State Board of Pharmacy proposes amendments to §291.3 concerning Required Notifications. The amendments, if adopted, add a requirement for each non-pharmacist individual owner or managing officer of a Class A pharmacy to attend a pharmacy ownership training course within 90 days of notifying the board of a change of managing officer, clarify the change of ownership notification requirements, and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.31to update certain definitions related to community pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.31The Texas State Board of Pharmacy proposes amendments to §291.31, concerning Definitions. The amendments, if adopted, update the definition of original prescription and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.32 to update requirements related to pharmacy technicians within community pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.32The Texas State Board of Pharmacy proposes amendments to §291.32, concerning Personnel. The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians, increase the ratio of pharmacists to pharmacy technicians and pharmacy technician trainees, and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.33 to expand the nonjudgmental duties that may be performed by pharmacy technicians within community pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.33The Texas State Board of Pharmacy proposes amendments to §291.33, concerning Operational Standards. The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.34 to increase record-keeping capabilities of pharmacy technicians within community pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.34The Texas State Board of Pharmacy proposes amendments to §291.34, concerning Records. The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.52 to update certain definitions related to nuclear pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)22 TAC §291.52The Texas State Board of Pharmacy proposes amendments to §291.52, concerning Definitions. The amendments, if adopted, update the definition of original prescription and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.53 to update requirements related to pharmacy technicians within nuclear pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)22 TAC §291.53The Texas State Board of Pharmacy proposes amendments to §291.53, concerning Personnel. The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians, increase the ratio of pharmacists to pharmacy technicians and pharmacy technician trainees, and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.55 to increase record-keeping capabilities of pharmacy technicians within nuclear pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)22 TAC §291.55The Texas State Board of Pharmacy proposes amendments to §291.55, concerning Records. The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.74 to update certain application requirements related to institutional pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)22 TAC §291.74The Texas State Board of Pharmacy proposes amendments to §291.74, concerning Operational Standards. The amendments, if adopted, clarify certain application requirements and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.101 to permit non-resident pharmacies to perform certain pharmaceutical services

CHAPTER 291. PHARMACIESSUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)22 TAC §291.101The Texas State Board of Pharmacy proposes amendments to §291.101, concerning Purpose. The amendments, if adopted, permit Class E pharmacies to process prescription drug orders and perform other pharmaceutical services as defined by Board rule, in accordance with House Bill 2847.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.102 to update certain definitions related to non-resident pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)22 TAC §291.102The Texas State Board of Pharmacy proposes amendments to §291.102, concerning Definitions. The amendments, if adopted, permit Class E pharmacies to process prescription drug orders and perform other pharmaceutical services as defined by Board rule, in accordance with House Bill 2847.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.121 to allow pharmacy technicians to provide certain remote pharmacy services

CHAPTER 291. PHARMACIESSUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES22 TAC §291.121The Texas State Board of Pharmacy proposes amendments to §291.121, concerning Remote Pharmacy Services. The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.129 to update requirements related to pharmacy technicians at satellite pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES22 TAC §291.129The Texas State Board of Pharmacy proposes amendments to §291.129, concerning Satellite Pharmacy. The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians and eliminate the ratio of pharmacists to pharmacy technicians and pharmacy technician trainees.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §291.153 to expand the nonjudgmental duties that may be performed by pharmacy technicians at Class G pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER H. OTHER CLASSES OF PHARMACY22 TAC §291.153The Texas State Board of Pharmacy proposes amendments to §291.153, concerning Central Prescription Drug or Medication Order Processing Pharmacy (Class G). The amendments, if adopted, expand the nonjudgmental duties that may be performed by pharmacy technicians.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §309.2 to update definitions related to the substitution of drug products

CHAPTER 309. SUBSTITUTION OF DRUG PRODUCTS22 TAC §309.2The Texas State Board of Pharmacy proposes amendments to §309.2, concerning Definitions. The amendments, if adopted, update the definition of original prescription.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §309.3 to expand pharmacy-technician duties relating to oral prescriptions

CHAPTER 309. SUBSTITUTION OF DRUG PRODUCTS22 TAC §309.3The Texas State Board of Pharmacy proposes amendments to §309.3, concerning Substitution Requirements. The amendments, if adopted, update the language regarding oral prescriptions to allow for expanded pharmacy technician duties and correct grammatical errors.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §315.3 to update procedures for requesting a waiver of the electronic prescribing requirement

CHAPTER 315. CONTROLLED SUBSTANCES22 TAC §315.3The Texas State Board of Pharmacy proposed amendments to §315.3, concerning Prescriptions. The amendments, if adopted, clarify the circumstances under which a controlled substance prescription is not required to be issued electronically and the procedures for requesting a waiver of the electronic prescribing requirement.

Texas State Board of Examiners of Marriage and Family Therapists

Proposed Rules

New 22 TAC §801.206, establishing parameters for licensing persons with criminal convictions

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER I. LICENSING22 TAC §801.206OVERVIEWThe Texas Behavioral Health Executive Council proposes new §801.206, relating to Licensing Persons with Criminal Convictions.The full text of the new rule is included in this week’s edition of the Texas Register (45 Tex Reg 6956). BACKGROUND AND JUSTIFICATION The proposed rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code. The proposed amendment pertains to licensing persons with criminal convictions as marriage and family therapists; therefore, this rule is covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Marriage and Family Therapists, in accordance with §502.1515 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Tex. Occ. Code and may propose this rule amendment.

Texas Behavioral Health Executive Council

Proposed Rules

Amending 22 TAC §881.21 to update requirements for certain rulemaking petitions

CHAPTER 881. GENERAL PROVISIONSSUBCHAPTER B. RULEMAKING22 TAC §881.21The Texas Behavioral Health Executive Council proposes amended §881.21, relating to Petition for Rulemaking.The proposed change is being made to clarify the requirement that any requested rule change involving those matters set forth in §507.153(a) of the Occupations Code must be taken up and reviewed by the appropriate member board before being considered for proposal and adoption by the Council.

Texas State Board of Pharmacy

Proposed Rules

Amending 22 TAC §885.1 to update the fee schedule for Licensed Marriage and Family Therapist licensure

Withdrawn Rule

Withdrawing 22 TAC §801.204, regarding licensing of military service members, military veterans, and military spouses

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER C. APPLICATIONS AND LICENSING22 TAC §801.204The Texas Behavioral Health Executive Council withdraws the proposed new §801.204, Licensing of Military Service Members, Military Veterans, and Military Spouses, which appeared in the July 10, 2020, issue of the Texas Register (45 TexReg 4678).

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing emergency rule 26 TAC §551.47, allowing limited indoor and outdoor visitation at Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47The Health and Human Services Commission withdraws the emergency adoption of the new 26 TAC §551.47, which appeared in the August 28, 2020, issue of the Texas Register (45 TexReg 6006).

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing Emergency Rule 26 TAC §553.2003, allowing limited visitation at assisted living facilities

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003The Health and Human Services Commission withdraws the emergency adoption of the new 26 TAC §553.2003, which appeared in the August 21, 2020, issue of the Texas Register (45 TexReg 5709).

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing Emergency Rule 26 TAC §558.872, restricting entry and requiring screening of certain authorized personnel at inpatient hospice units

CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER H. STANDARDS SPECIFIC TO AGENCIES LICENSED TO PROVIDE HOSPICE SERVICESDIVISION 7. HOSPICE INPATIENT UNITS26 TAC §558.872The Health and Human Services Commission withdraws the emergency adoption of the new 26 TAC §558.872, which appeared in the April 17, 2020, issue of the Texas Register (45 TexReg 2477).

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing Emergency Rule 40 TAC §9.199 and §9.299, establishing COVID-19 protocols for the Home and Community Based Services (HCS) and Community First Choice (CFC) programs

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.199, §9.299The Department of Aging and Disability Services withdraws the emergency adoption of the new 40 TAC §9.199 and §9.299, which appeared in the September 4, 2020, issue of the Texas Register (45 TexReg 6175).

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing Emergency Rule 40 TAC §9.597, establishing COVID-19 protocols for the Texas Home Living (TXHML) and Community First Choice (CFC) programs

SUBCHAPTER N. TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.597The Department of Aging and Disability Services withdraws the emergency adoption of the new 40 TAC §9.597, which appeared in the September 4, 2020, issue of the Texas Register (45 TexReg 6178).

Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing 40 TAC §19.2803, which established requirements for nursing facilities to mitigate and contain COVID-19

CHAPTER 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATIONSUBCHAPTER CC. COVID-19 EMERGENCY RULE40 TAC §19.2803The Department of Aging and Disability Services withdraws the emergency adoption of the new 40 TAC §19.2803, which appeared in the August 21, 2020, issue of the Texas Register (45 TexReg 5713).40 TAC §19

Texas State Board of Examiners of Psychologists

Adopted Rules

Repealing 22 TAC §§461.1 – 461.17, 461.19 – 461.22, 461.35 to eliminate duplicative provisions regarding general rulings

CHAPTER 461. GENERAL RULINGS22 TAC §§461.1 – 461.17, 461.19 – 461.22, 461.35OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of rules 461.1 – 461.17, 461.19 – 461.22, and 461.35, relating to General Rulings, without changes as published in the July 10, 2020 issue of the Texas Register (45 TexReg 4617) and will not be republished.BACKGROUND AND JUSTIFICATIONThe adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior addition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Psychologists

Adopted Rules

Repealing 22 TAC §§463.1 – 463.12, 463.14, 463.16 – 463.23, 463.25 – 463.31 to eliminate duplicative provisions regarding applications and examinations

CHAPTER 463. APPLICATIONS AND EXAMINATIONS22 TAC §§463.1 – 463.12, 463.14, 463.16 – 463.23, 463.25 – 463.31OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of rules 463.1 – 463.12, 463.14, 463.16 – 463.23, and 463.25 – 463.31, relating to Applications and Examinations, without changes as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4618) and will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this addition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior addition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §§463.1 – 463.3, establishing application requirements

CHAPTER 463. APPLICATIONS AND EXAMINATIONSSUBCHAPTER A. APPLICATIONS AND LICENSING22 TAC §§463.1 – 463.3OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§463.1 – 463.3, relating to Applications and Licensing. Sections 463.1 and 463.3 are adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4620) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §463.2 is being changed and adopted as republished below.BACKGROUND AND JUSTIFICATION The new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §§463.8 – 463.14, establishing general licensing requirements

CHAPTER 463. APPLICATIONS AND EXAMINATIONSSUBCHAPTER B. LICENSING REQUIREMENTS22 TAC §§463.8 – 463.14OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§463.8 – 463.14, relating to Licensing Requirements. Sections 463.10 and 463.12 – 463.14 are adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4621) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §463.8 and §463.9 are being changed and adopted as republished below. Section 463.11 is also being adopted with minor changes and will be republished.BACKGROUND AND JUSTIFICATION The new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §463.20, establishing licensing requirements for military service members, veterans, and military spouses

CHAPTER 463. APPLICATIONS AND EXAMINATIONSSUBCHAPTER C. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES22 TAC §463.20OVERVIEWThe Texas Behavioral Health Executive Council adopts new §463.20, relating to Licensing Provisions Related to Military Service Members, Veterans, and Military Spouses. Section 463.20 was proposed in the July 10, 2020, issue of the Texas Register (45 TexReg 4630). In response to non-substantive changes being requested by the Office of the Texas Governor, §463.20 is being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 7006). BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rule pertains to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §463.25, establishing requirements for specialty certifications

CHAPTER 463. APPLICATIONS AND EXAMINATIONSSUBCHAPTER D. SPECIALTY CERTIFICATIONS22 TAC §463.25OVERVIEWThe Texas Behavioral Health Executive Council adopts new §463.25, relating to Specialty Certifications. Section 463.25 is adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4632) and will not be republished.BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rule pertains to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §463.30 and §463.31, establishing examination requirements

CHAPTER 463. APPLICATIONS AND EXAMINATIONSSUBCHAPTER E. EXAMINATIONS22 TAC §463.30, §463.31OVERVIEWThe Texas Behavioral Health Executive Council adopts new rules §463.30 and §463.31, relating to Examinations. Section 463.30 and §463.31 were proposed in the July 10, 2020, issue of the Texas Register (45 TexReg 4634). In response to non-substantive changes being requested by the Office of the Texas Governor, §463.30 and §463.31 have been changed and adopted as republished below.BACKGROUND AND JUSTIFICATIONS The new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.The Texas State Board of Examiners of Psychologists, in accordance with §501.1515 of the Tex. Occ. Code, previously voted and, by a majority, approved to propose the adoption of these rules to the Executive Council. Therefore, the Executive Council has complied with Chapters 501 and 507 of the Tex. Occ. Code and may adopt these rules.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §463.35, establishing requirements for professional development

CHAPTER 463. APPLICATIONS AND EXAMINATIONSSUBCHAPTER F. PROFESSIONAL DEVELOPMENT22 TAC §463.35OVERVIEWThe Texas Behavioral Health Executive Council adopts new §463.35, relating to Professional Development. Section 463.35 was proposed in the July 10, 2020, issue of the Texas Register (45 TexReg 4635). In response to non-substantive changes being requested by the Office of the Texas Governor, §463.35 is being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 7010). BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rule pertains to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §463.40, establishing licensing requirements for persons with a criminal history

CHAPTER 463. APPLICATIONS AND EXAMINATIONSSUBCHAPTER G. CRIMINAL HISTORY AND LICENSE ELIGIBILITY22 TAC §463.40OVERVIEWThe Texas Behavioral Health Executive Council adopts new §463.40, relating to Criminal History and License Eligibility. Section 463.40 is adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4638) and will not be republished.BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rule pertains to the qualifications necessary to obtain a license and continuing education requirements for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

Repealing 22 TAC §§465.1 – 465.18, 465.20 – 465.22, 465.32 – 465.35, 465.37, 465.38 to eliminate duplicative provisions regarding rules of practice

CHAPTER 465. RULES OF PRACTICE22 TAC §§465.1 – 465.18, 465.20 – 465.22, 465.32 – 465.35, 465.37, 465.38OVERVIEW The Texas Behavioral Health Executive Council adopts the repeal of rules 465.1 – 465.18, 465.20 – 465.22, 465.32 – 465.35, 465.37, and 465.38, relating to Rules of Practice, without changes as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4639) and will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior addition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §§465.1, 465.2, 465.4, 465.6, 465.8 – 465.18, 465.20 – 465.22, 465.32 – 465.35, 465.38, establishing updated rules of practice

CHAPTER 465. RULES OF PRACTICE22 TAC §§465.1, 465.2, 465.4, 465.6, 465.8 – 465.18, 465.20 – 465.22, 465.32 – 465.35, 465.38OVERVIEW The Texas Behavioral Health Executive Council adopts new §§465.1, 465.2, 465.4, 465.6, 465.8 – 465.18, 465.20 – 465.22, 465.32 – 465.35, and 465.38, relating to Rules of Practice. Sections 465.1, 465.6, 465.8 – 465.18, 465.20 – 465.22, and 465.32 – 465.35 are adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4641) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §§465.2, 465.4, and 465.38 are being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 7013). BACKGROUND AND JUSTIFICATION The new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to rules of practice for psychology; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

Repealing 22 TAC §§469.1 – 469.12, 469.14, 469.15 to eliminate duplicative rules regarding complaints and enforcement

CHAPTER 469. COMPLAINTS AND ENFORCEMENT22 TAC §§469.1 – 469.12, 469.14, 469.15OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§469.1 – 469.12, 469.14, and 469.15, relating to Complaints and Enforcement, without changes to the text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4654). The rules will not be republished.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Psychologists

Adopted Rules

Repealing 22 TAC §§470.1 – 470.6, 470.8 – 470.12, 470.15 – 470.24 to eliminate duplicative provisions regarding administrative procedure

CHAPTER 470. ADMINISTRATIVE PROCEDURE22 TAC §§470.1 – 470.6, 470.8 – 470.12, 470.15 – 470.24OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§470.1 – 470.6, 470.8 – 470.12, and 470.15 – 470.24, relating to Administrative Procedure, without changes to the text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4656). The rules will not be republished.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Psychologists

Adopted Rules

New 22 TAC §470.1, establishing an updated schedule of sanctions

CHAPTER 470. SCHEDULE OF SANCTIONS22 TAC §470.1OVERVIEWThe Texas Behavioral Health Executive Council adopts new §470.1, relating to Schedule of Sanctions. Section 470.1 is adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4657) and will not be republished.BACKGROUND AND JUSTIFICATION The new rule is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rule pertains to a schedule of sanctions; and incorporates changes necessary to implement H.B. 1501. Therefore, this rule is covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Psychologists

Adopted Rules

Repealing 22 TAC §§471.1, 471.3 – 471.6 to eliminate duplicative provisions regarding license renewals

CHAPTER 471. RENEWALS22 TAC §§471.1, 471.3 – 471.6OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§471.1 and 471.3 – 471.6, relating to Renewals, without changes to the text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4659). The rules will not be republished.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Psychologists

Adopted Rules

Repealing 22 TAC §§473.1 – 473.5, 473.8 to eliminate duplicative provisions regarding fees

CHAPTER 473. FEES22 TAC §§473.1 – 473.5, 473.8OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of rules §§473.1 – 473.5 and 473.8, relating to Fees, without changes to the text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4660). The rules will not be republished.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Marriage and Family Therapists

Adopted Rules

Amending 22 TAC §801.2 and adopting new §801.11, establishing definitions pertaining to general operations of the Board

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSUBCHAPTER A. GENERAL PROVISIONS22 TAC §801.2, §801.11OVERVIEWThe Texas Behavioral Health Executive Council adopts amended §801.2 and new §801.11, relating to General Provisions. Section 801.11 is adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4661) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, §801.2 is being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 7021). BACKGROUND AND JUSTIFICATION The amended and new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The amended and new rules are the definitions for the rules in Chapter 801 and pertain to the general operations for the Texas State Board of Examiners of Marriage and Family Therapists; the rules also incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.

Texas State Board of Examiners of Marriage and Family Therapists

Adopted Rules

Repealing 22 TAC, Chapter 801, Subchapter B, to eliminate duplicative provisions regarding the Board

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSUBCHAPTER B. THE BOARD22 TAC §§801.11 – 801.19OVERVIEWThe Texas Behavioral Health Executive Council adopts the repeal of §§801.11 – 801.19, relating to the Board, without changes to the text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4665). The rules will not be republished. This adopted repeal corresponds with the adoption of new rules elsewhere in this edition of the Texas Register.BACKGROUND AND JUSTIFICATION The adopted repeal of these rules is needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorize the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.The Executive Council has adopted new rules, in this and a prior edition of the Texas Register, which concern the same subject matter and many of the same details and requirements found in these rules, therefore the repeal of these rules is necessary to implement H.B. 1501.

Texas State Board of Examiners of Marriage and Family Therapists

Adopted Rules

New 22 TAC, Chapter 801, Subchapter B, establishing updated rules of practice

CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSUBCHAPTER B. RULES OF PRACTICE22 TAC §§801.41 – 801.48, 801.50, 801.53 – 801.58OVERVIEWThe Texas Behavioral Health Executive Council adopts new §§801.41 – 801.48, 801.50, and 801.53 – 801.58, relating to Rules of Practice. Sections 801.41, 801.42, 801.45, 801.46, 801.48, 801.50, and 801.54 – 801.57 are adopted without changes to the proposed text as published in the July 10, 2020, issue of the Texas Register (45 TexReg 4668) and will not be republished. In response to non-substantive changes being requested by the Office of the Texas Governor, and comments received from the public, §§801.43, 801.44, 801.47, 801.53, and 801.58 are being changed and adopted as republished in this week’s edition of the Texas Register (45 Tex Reg 7024). BACKGROUND AND JUSTIFICATION The new rules are needed to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council’s duties and implement Chapter 507.If a rule will pertain to the qualifications necessary to obtain a license; the scope of practice, standards of care, or ethical practice for a profession; continuing education requirements; or a schedule of sanctions then the rule must first be proposed to the Executive Council by the applicable board for the profession before the Executive Council may propose or adopt such a rule, see §507.153 of the Tex. Occ. Code.The new rules pertain to the scope of practice, standards of care, and ethical practice for marriage and family therapists; and incorporate changes necessary to implement H.B. 1501. Therefore, these rules are covered by §507.153 of the Tex. Occ. Code.