Texas Register October 4, 2019 Volume: 44 Number: 40

Texas Register Table of Contents

Texas Department of Licensing and Regulation

 

Proposed Rules

To remove all requirements in Chapter 114 that are related to the technician registration

CHAPTER 114. ORTHOTISTS AND PROSTHETISTS16 TAC §§114.10, 114.20, 114.21, 114.23, 114.28, 114.50, 114.80, 114.90The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 114, §§114.10, 114.20, 114.21, 114.23, 114.28, 114.50, 114.80, and 114.90, and include an amendment to the rule chapter title, regarding the Orthotists and Prosthetists program. These proposed changes are referred to herein as “proposed rules.”EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe rules under 16 TAC Chapter 114 implement Texas Occupations Code, Chapter 605, Orthotists and Prosthetists.The proposed rules implement House Bill (HB) 2847, Article 11, 86th Legislature, Regular Session (2019), which repeals §§605.002(19), (20), and (21), Definitions, and §605.259, technician registration, from the Occupations Code, eliminating the technician registration from the Orthotists and Prosthetists program. The registration of technicians was voluntary and there was little demand for the credential, so eliminating it was supported by the Department and the professionals in this field. The proposed rules are necessary to remove all requirements in Chapter 114 that are related to the technician registration. Other amendments to the rule chapter title and citations to the orthotists and prosthetists statute are made for consistency with the statute, to remove unnecessary text, and a change in §114.50 improves a wording choice.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC § 71.1 (Definitions)

CHAPTER 71. RULEMAKING22 TAC §71.1The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §71.1 (Definitions). The Board will replace the rule with updated language from the current §71.2. The current §71.1 is being repealed because it contains redundant definitions. The purpose of this action is to remove unneeded text, streamline the process, and make the Board’s rules easier to read and navigate.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §71.2 (Petition for Adoption of Rules)

CHAPTER 71. RULEMAKING22 TAC §71.2The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §71.2 (Petition for Adoption of Rules). The Board is proposing an updated version of the text of this rule in a new §71.1 in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §72.1 (Definitions)

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.1The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.1 (Definitions). The purpose of this action is to remove superfluous rules and make the Board’s rules easier to read and navigate.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §72.12 (Criminal History Evaluation Letters)

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.12The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §72.12 (Criminal History Evaluation Letters). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §72.12 (Criminal History Evaluation Letters)

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.12The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.12 (Criminal History Evaluation Letters). The Board will repeal the existing rule in a separate rulemaking action.This proposed rule updates the text relating to the process for an individual to request a criminal history evaluation from the Board (under Occupations Code Chapter 53) before beginning chiropractic training. The purpose is to update the text for clarity and make the Board’s rules easier to navigate.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §75.1 (Code of Ethics)

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.1The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §75.1 (Code of Ethics). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §75.1 (Code of Ethics)

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.1The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §75.1 (Code of Ethics). The Board will repeal the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §75.3 (Fraud Prevention)

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.3The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §75.3 (Fraud Prevention). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §75.3 (Fraud Prevention)

CHAPTER 75. BUSINESS PRACTICES22 TAC §75.3The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §75.3 (Fraud Prevention). The Board will repeal the existing rule in a separate rulemaking action.This proposed rule updates the text relating to a licensee’s obligations concerning the prevention and reporting of fraud.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §77.1 (Definitions)

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.1The Texas Board of Chiropractic Examiners (Board) proposes to repeal 22 TAC §77.1 (Definitions). The Board will replace the existing rule in a separate rulemaking action.

Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §77.1 (Advertising and Public Communications)

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.1The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §77.1 (Advertising and Public Communications). The Board will repeal the existing rule §77.1 (Definitions) in a separate rulemaking action.This proposed new rule moves the language relating to advertising and public communication from the current §77.2 (Advertising, Public Communications, and Telemarketing). The telemarketing language will remain in an updated §77.2.The new rule further clarifies the requirements prohibiting false or misleading advertising, when a professional title is required in advertising, and when an individual may use the honorific “Dr.” The purpose of this rulemaking is to make the Board’s advertising rules clearer to licensees and the public.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §77.2 (Advertising, Public Communications, and Telemarketing)

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.2The Texas Board of Chiropractic Examiners (Board) proposes to repeal 22 TAC §77.2 (Advertising, Public Communications, and Telemarketing). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §77.2 (Telemarketing)

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.2The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §77.2 (Telemarketing). The Board will repeal the existing rule in a separate rulemaking action.This proposed new rule updates and clarifies the language on telemarketing practices by licensees and their agents. The Board is moving the language in the current rule relating to advertising and public communication to a proposed new §77.1 in a separate rulemaking. The purpose of this rulemaking is to make the Board’s rules easier to navigate and read.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §77.3 (Patient’s Rights to Disclosure of Charges)

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.3The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §77.3 (Patient’s Rights to Disclosure of Charges). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §77.3 (Patient’s Rights to Disclosure of Charges)

CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATIONS22 TAC §77.3The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §77.3 (Patient’s Rights to Disclosure of Charges). The Board will repeal the existing rule in a separate rulemaking action.This proposed rule clarifies the text of a licensee’s obligation to timely provide patients with a statement of charges. The purpose is simply to make the rule clearer and easier to read.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §78.2 (Prohibitions)

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.2The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §78.2 (Prohibitions). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §78.2 (Prohibitions)

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.2The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.2 (Prohibitions). The Board will repeal the existing rule in a separate rulemaking action.This proposed rule reiterates the acts that are outside the scope of chiropractic practice under Occupations Code Chapter 201. The new rule also makes clear that an individual operating outside the scope of practice may be subject to legal action by the Board and other regulatory agencies.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §78.3 (Delegation of Authority)

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.3The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §78.3 (Delegation of Authority). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §78.3 (General Delegation of Responsibility)

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.3The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.3 (General Delegation of Responsibility). The Board will repeal the existing rule in a separate rulemaking action.This proposed rule clarifies the text relating to when and to whom a licensee may delegate certain tasks to a non-licensee. Language in the current rule relating to delegation to chiropractic students and recent graduates will be updated and moved to a new §78.4 in a separate rulemaking action. The purpose is to update the text for clarity and make the Board’s rules easier to navigate.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §78.4 (Delegation to Chiropractic Students and Recent Graduates)

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.4The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.4 (Delegation to Chiropractic Students and Recent Graduates). This action moves existing language relating to students and recent graduates from §78.3 (General Delegation of Responsibility) into a stand-alone rule. The new rule clarifies when a licensee may delegate responsibility to a student or recent graduate, the limits on that delegation, and the requirements to notify the Board when employing or supervising those individuals. The Board’s intent is to make the requirements for students and recent graduates easier to both find and read. The Board is repealing and replacing the general delegation rule (§78.3) in separate rulemaking actions.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §78.5 (Spinal Screenings)

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.5The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §78.5 (Spinal Screenings). This rule is no longer necessary as the Board’s recently adopted rules on a licensee’s place of business (§75.2) and mandatory notices to the public (§75.6 and §75.7) include the requirements applicable to spinal screenings.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §78.10 (Questions about Scope of Practice)

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.10The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.10 (Questions about Scope of Practice). This action moves and updates existing language relating to questions to the Board about scope of practice from §78.2 (Prohibitions) into a stand-alone rule. The new rule clarifies that the Board may only give informal answers to scope of practice questions.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §79.2 (Lack of Diligence)

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.2The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §79.2 (Lack of Diligence). The Board will replace the rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §79.2 (Lack of Diligence)

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.2The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §79.2 (Lack of Diligence). The Board will repeal the existing rule in a separate rulemaking action.This proposed rule updates the text relating to what constitutes the diligent practice of chiropractic for clarity. The purpose is to make the Board’s rules easier to navigate for licensees.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §79.4 (Impaired Licensees and Applicants)

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.4The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §79.4 (Impaired Licensees and Applicants). The Board will replace the existing rule in a separate rulemaking action.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §79.4 (Impaired Licensees and Applicants)

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.4The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §79.4 (Impaired Licensees and Applicants). The Board will repeal the existing rule in a separate rulemaking action.This proposed rule updates text of what grounds the Board will consider in determining if a licensee or applicant is incapable of holding a licensee due to substance abuse or health conditions. The rule also includes new language encouraging licensees or applicants to self-report any substance abuse or health issues to the Board.


Texas Board of Chiropractic Examiners

Proposed Rules

To add a new 22 TAC §80.10 (Time Limits for Filing a Complaint

CHAPTER 80. COMPLAINTS22 TAC §80.10The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §80.10 (Time Limits for Filing a Complaint). This action establishes a time limit for filing a complaint alleging a rule violation with the Board. The six year limit mirrors the length of time a licensee is required to maintain patient records.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §81.1 (Definitions)

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.1The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §81.1 (Definitions). The purpose of this action is to remove superfluous rules and make the Board’s enforcement rules easier to read and navigate.


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §81.3 (Application Denial)

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.3The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §81.3 (Application Denial). The existing process for appealing the Board’s denial of a license application is being separately proposed in an updated rulemaking action for §72.10 (Appealing a Denied Application). The appeals process is not an enforcement action and therefore properly belongs in the fees, applications, and renewals chapter (Chapter 72).


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §81.3 (Application Denial)

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.3The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §81.3 (Application Denial). The existing process for appealing the Board’s denial of a license application is being separately proposed in an updated rulemaking action for §72.10 (Appealing a Denied Application). The appeals process is not an enforcement action and therefore properly belongs in the fees, applications, and renewals chapter (Chapter 72).


Texas Board of Chiropractic Examiners

Proposed Rules

To repeal 22 TAC §81.11 (Extensions of Time)

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.11The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §81.11 (Extensions of Time). The requirements and procedures for requesting extensions of time in an administrative hearing are already detailed in the Administrative Procedures Act (Government Code Chapter 2001) and the rules of the State Office of Administrative Hearings (1 TAC Chapter 155), thus making this rule superfluous.


Texas Health and Human Services Commission

Proposed Rules

To add a new Chapter 990, concerning Anatomical Gift, and rule §990.1, concerning Anatomical Gift Form

CHAPTER 990. ANATOMICAL GIFT26 TAC §990.1The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new Chapter 990, concerning Anatomical Gift, and rule §990.1, concerning Anatomical Gift Form.BACKGROUND AND PURPOSEThe proposal is necessary to comply with House Bill (H.B.) 2734, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, Chapter 555 to include §555.027, concerning Anatomical Gift. H.B. 2734 requires HHSC to develop a form that a guardian of a resident may use to notify a state supported living center (SSLC) of the guardian’s election to make an anatomical gift on behalf of the resident in the event of the resident’s death.SECTION-BY-SECTION SUMMARYProposed new §990.1 describes that a guardian of a resident may use a form to notify an SSLC of the guardian’s election to make an anatomical gift on behalf of the resident.


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