Texas Register Table of Contents
- 1 The Governor
- 1.0.1 Appointments Re:
- 1.0.1.1 Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2028, Penelope Duke Miggins, M.D. of The Woodlands, Texas.
- 1.0.1.2 Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2030, Kristen L. Cox.
- 1.0.1.3 Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2030, Tejas V. Ozarkar, M.D.
- 1.0.1.4 Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2030, Robert B. Simonson, D.O.
- 1.0.1.5 Appointed to the Chronic Kidney Disease Task Force for a term to expire at the pleasure of the Governor, Hussein B. Musa, M.D.
- 1.0.1.6 Appointed to the Chronic Kidney Disease Task Force for a term to expire at the pleasure of the Governor, Roberta L. “Bobbi” Wagner.
- 1.0.1 Appointments Re:
- 2 State Board of Dental Examiners
- 3 Texas Medical Board
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 22 TAC §§191.1 – 191.5, to repeal the current Chapter 191, concerning District Review Committees.
- 3.0.1.2 Amending 22 TAC §§196.1, 196.2, 196.4, 196.5, to repeal the current Chapter 196, concerning the Voluntary Relinquishment or Surrender of a Medical License.
- 3.0.1.3 Amending 22 TAC §§199.1 – 199.6, to repeal the current Chapter 199, concerning the Voluntary Relinquishment or Surrender of a Medical License.
- 3.0.1 Proposed Rules Re:
- 4 Texas Health and Human Services Commission
- 4.0.1 Adopted Rules Re:
- 4.0.1.1 Adopting 1 TAC §354.1149, to require Medicaid programs to cover vaccines and their administration, provided that the vaccine is approved by the U.S. Food and Drug Administration (FDA) for use by adult populations and is administered in accordance with recommendations of the Advisory Committee on Immunization Practices (ACIP).
- 4.0.1.2 Adopting 26 TAC §745.31, §745.37, to clarify that CCR will regulate the GRO’s care of young adults between the ages 18 to 21 in addition to child care, update the charts specifying the types of operations that CCR regulates, and improve readability and understanding.
- 4.0.1.3 Adopting 26 TAC §745.9051, to define the terms “individual,” “psychiatric health treatments and services,” “Psychiatric Residential Youth Treatment Facility (PRYTF),” and “severe emotional disturbance.”
- 4.0.1.4 Adopting 26 TAC §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, to list the requirements that a GRO must meet before applying for a PRYTF certificate, list the requirements for a completed PRYTF application, require compliance with the public notice and hearing requirements, establish the CCR review period, list the factors considered by CCR, and CCR reasons for denial.
- 4.0.1.5 Adopting 26 TAC §§745.9067, 745.9069, 745.9071, 745.9073, to set forth PRYTF renewal requirements, CCR evaluation standards, and PRYTF certificate expiration procedures.
- 4.0.1.6 Adopting 26 TAC §745.9075, to establish the PRYTF Certificate Application fee and PRYTF Certificate Renewal Fees.
- 4.0.1.7 Adopting 26 TAC §745.9077, to clarify that rules concerning inspections, investigations, and confidentiality apply to a PRYTF certificate in the same manner as a GRO permit.
- 4.0.1.8 Adopting 26 TAC §§745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, 745.9097, tolist the enforcement actions HHSC may impose against a PRYTF.
- 4.0.1.9 Adopting 26 TAC §748.61, to add treatment service for individuals aged 21 years or younger with severe emotional disturbance.
- 4.0.1.10 Adopting 26 TAC §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, to define terms and clarify additional requirements for the provision of psychiatric health treatments as a certified PRYTF.
- 4.0.1.11 Adopting 26 TAC §§748.4821, 748.4823, 748.4825, to describe the additional policies that general operation must submit as a part of the application process for a PRYTF certificate.
- 4.0.1.12 Adopting 26 TAC §748.4831, §748.4833, to establish PRYTF requirements and qualifications.
- 4.0.1.13 Adopting 26 TAC §§748.4841, 748.4843, 748.4845, 748.4847, to establish the pre-service experience requirements for caregiving providing psychiatric health treatments and additional training requirements.
- 4.0.1.14 Adopting 26 TAC §748.4851, to lower the child-to-caregiver ratio during sleeping hours for operations that offer psychiatric health treatments and services to 6:1.
- 4.0.1.15 Adopting 26 TAC §§748.4861, 748.4863, 748.4865, 748.4867, 748.4869, to establish the admission criteria for psychiatric health treatments and services.
- 4.0.1.16 Adopting 26 TAC §748.4881, to establish that after a child in PRYTF care turns 18, the young adult may remain until the young adult’s 22nd birthday.
- 4.0.2 Adopted Rule Reviews Re:
- 4.0.1 Adopted Rules Re:
- 5 Texas Department of State Health Services
- 5.0.1 Adopted Rules Re:
- 5.0.1.1 Adopting 25 TAC §§229.901 – 229.903, to outline the purpose of the subchapter; add definitions for clarity; and include labeling requirements for analogue, meatless, plant-based, made from plants, or similar qualifying terms describing the contents of the product.
- 5.0.1.2 Adopting 25 TAC §289.201, §289.202, to establish new definitions; qualify training requirements; and update license application processes, concerning the use of field stations, material storage, and approved methods for waste disposal, and otherwise improve clarity and correct grammatical mistakes.
- 5.0.1.3 Adopting 25 TAC §§289.253, 289.255 – 289.258, to establish new definitions; qualify training requirements; and update license application processes, concerning the use of field stations, material storage, and approved methods for waste disposal, and otherwise improve clarity and correct grammatical mistakes.
- 5.0.2 In Addition Re:
- 5.0.2.1 Licensing Actions for Radioactive Materials (.pdf)
- 5.0.2.2 Licensing Actions for Radioactive Materials (.pdf)
- 5.0.2.3 Licensing Actions for Radioactive Materials (.pdf)
- 5.0.2.4 Order Placing 2-Methyl AP-237, Etodesnitazene, NPyrrolidino Etonitazene, and Protonitazene into Schedule I and Extending the Temporary Placement of Butonitazene, Flunitazene, and Metodesnitazene in Schedule I (.pdf)
- 5.0.1 Adopted Rules Re:
- 6 Texas Council on Alzheimer’s Disease and Related Disorders
The Governor
Appointments Re:
Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2028, Penelope Duke Miggins, M.D. of The Woodlands, Texas.
Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2030, Kristen L. Cox.
Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2030, Tejas V. Ozarkar, M.D.
Appointed to the Texas Medical Board District Two Review Committee for a term to expire January 15, 2030, Robert B. Simonson, D.O.
Appointed to the Chronic Kidney Disease Task Force for a term to expire at the pleasure of the Governor, Hussein B. Musa, M.D.
Appointed to the Chronic Kidney Disease Task Force for a term to expire at the pleasure of the Governor, Roberta L. “Bobbi” Wagner.
State Board of Dental Examiners
Proposed Rules Re:
Amending 22 TAC §102.1, to remove and fix a clerical error imposing an additional $15 charge to dentist renewal fees.
CHAPTER 102. FEES
22 TAC §102.1
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §102.1, concerning Fees.
BACKGROUND AND PURPOSE
The proposed amendment fixes a clerical error made by staff to the total fee amounts for the dentist renewal fee, dentist renewal late – 1 to 90 days fee, and dentist renewal late – 91 to 364 days fee. An extra $15 charge was mistakenly imposed, and therefore the proposed amendment updates the fees to remove the extra charge.
In addition, the proposed amendment includes late fees for the dentist and dental hygienist temporary license by credentials renewal application. The late fees are imposed in accordance with Section 257.002(c)-(c-1) of the Texas Occupations Code by requiring licensees whose license is expired for 90 days or less to pay a renewal fee that is equal to 1 ½ times the normally required renewal fee, and whose license is expired for more than 90 days but less than one year to pay a renewal fee that is equal to two times the normally required renewal fee.
Texas Medical Board
Proposed Rules Re:
Amending 22 TAC §§191.1 – 191.5, to repeal the current Chapter 191, concerning District Review Committees.
CHAPTER 191. DISTRICT REVIEW COMMITTEES
22 TAC §§191.1 – 191.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 191, concerning District Review Committees, §§191.1 – 191.5.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 191 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§196.1, 196.2, 196.4, 196.5, to repeal the current Chapter 196, concerning the Voluntary Relinquishment or Surrender of a Medical License.
CHAPTER 196. VOLUNTARY RELINQUISHMENT OR SURRENDER OF A MEDICAL LICENSE
22 TAC §§196.1, 196.2, 196.4, 196.5
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 196, concerning Voluntary Relinquishment or Surrender of a Medical License, §§196.1, 196.2, 196.4, and 196.5.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 196 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Amending 22 TAC §§199.1 – 199.6, to repeal the current Chapter 199, concerning the Voluntary Relinquishment or Surrender of a Medical License.
CHAPTER 199. PUBLIC INFORMATION
22 TAC §§199.1 – 199.6
OVERVIEW
The Texas Medical Board (Board) proposes the repeal of current Chapter 199, concerning Voluntary Relinquishment or Surrender of a Medical License, §§199.1 – 199.6.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board’s rule review, repeal of Chapter 199 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Texas Health and Human Services Commission
Adopted Rules Re:
Adopting 1 TAC §354.1149, to require Medicaid programs to cover vaccines and their administration, provided that the vaccine is approved by the U.S. Food and Drug Administration (FDA) for use by adult populations and is administered in accordance with recommendations of the Advisory Committee on Immunization Practices (ACIP).
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
DIVISION 11. GENERAL ADMINISTRATION
1 TAC §354.1149
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §354.1149, concerning Exclusions and Limitations.
BACKGROUND AND PURPOSE
The purpose of the adoption is to align Texas Medicaid coverage of vaccines for adults with federal requirements in section 11405 of the Inflation Reduction Act (IRA) of 2022 (Public Law 117-169). On June 27, 2023, the Centers for Medicare & Medicaid Services issued guidance on its interpretation of the amendments to the Social Security Act made by the IRA to require Medicaid programs to cover vaccines and their administration, provided that the vaccine is approved by the U.S. Food and Drug Administration (FDA) for use by adult populations and is administered in accordance with recommendations of the Advisory Committee on Immunization Practices (ACIP), effective October 1, 2023. States were directed to add coverage for all ACIP-recommended vaccines for adults, including vaccines solely for travel to or from foreign countries. As a result, the adopted rule removes the exclusion of all FDA-approved and ACIP-recommended vaccines used solely for travel to or from foreign countries as a Medicaid benefit for the adult population.
Adopting 26 TAC §745.31, §745.37, to clarify that CCR will regulate the GRO’s care of young adults between the ages 18 to 21 in addition to child care, update the charts specifying the types of operations that CCR regulates, and improve readability and understanding.
CHAPTER 745. LICENSING
SUBCHAPTER B. CHILD CARE AND OTHER OPERATIONS THAT ARE SUBJECT TO REGULATION
26 TAC §745.31, §745.37
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.31 and §745.37; and new §§745.9051, 745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9077, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, and 745.9097.
Amended §745.31 and §745.37; and new §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9087, and 745.9089 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will be republished.
New §§745.9051, 745.9077, 745.9085, 745.9091, 745.9093, 745.9095, and 745.9097 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will not be republished.
BACKGROUND AND PURPOSE
The amendments and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement the chapter. Accordingly, CCR is adopting amended rules in Chapter 745, Subchapter B to (1) clarify that CCR will also regulate PRYTFs that will care for young adults 18 to 21 years of age in addition to child care; and (2) update rules to meet current practice and to improve readability and understanding. In addition, CCR is adopting new rules in Chapter 745, Subchapter O to (1) define terms; (2) create an application process, including requiring accreditation and a current GRO license; (3) create a renewal process every two years; (4) establish application and renewal fees; (5) clarify how inspections, investigations, and confidentiality will apply to PRYTFs; and (6) establish the enforcement actions that HHSC may take against a PRYTF.
Adopting 26 TAC §745.9051, to define the terms “individual,” “psychiatric health treatments and services,” “Psychiatric Residential Youth Treatment Facility (PRYTF),” and “severe emotional disturbance.”
CHAPTER 745. LICENSING
SUBCHAPTER O. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITY
DIVISION 1. LICENSING
26 TAC §745.9051
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.31 and §745.37; and new §§745.9051, 745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9077, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, and 745.9097.
Amended §745.31 and §745.37; and new §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9087, and 745.9089 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will be republished.
New §§745.9051, 745.9077, 745.9085, 745.9091, 745.9093, 745.9095, and 745.9097 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will not be republished.
BACKGROUND AND PURPOSE
The amendments and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement the chapter. Accordingly, CCR is adopting amended rules in Chapter 745, Subchapter B to (1) clarify that CCR will also regulate PRYTFs that will care for young adults 18 to 21 years of age in addition to child care; and (2) update rules to meet current practice and to improve readability and understanding. In addition, CCR is adopting new rules in Chapter 745, Subchapter O to (1) define terms; (2) create an application process, including requiring accreditation and a current GRO license; (3) create a renewal process every two years; (4) establish application and renewal fees; (5) clarify how inspections, investigations, and confidentiality will apply to PRYTFs; and (6) establish the enforcement actions that HHSC may take against a PRYTF.
Adopting 26 TAC §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, to list the requirements that a GRO must meet before applying for a PRYTF certificate, list the requirements for a completed PRYTF application, require compliance with the public notice and hearing requirements, establish the CCR review period, list the factors considered by CCR, and CCR reasons for denial.
CHAPTER 745. LICENSING
DIVISION 2. APPLICATION PROCESS
26 TAC §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.31 and §745.37; and new §§745.9051, 745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9077, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, and 745.9097.
Amended §745.31 and §745.37; and new §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9087, and 745.9089 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will be republished.
New §§745.9051, 745.9077, 745.9085, 745.9091, 745.9093, 745.9095, and 745.9097 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will not be republished.
BACKGROUND AND PURPOSE
The amendments and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement the chapter. Accordingly, CCR is adopting amended rules in Chapter 745, Subchapter B to (1) clarify that CCR will also regulate PRYTFs that will care for young adults 18 to 21 years of age in addition to child care; and (2) update rules to meet current practice and to improve readability and understanding. In addition, CCR is adopting new rules in Chapter 745, Subchapter O to (1) define terms; (2) create an application process, including requiring accreditation and a current GRO license; (3) create a renewal process every two years; (4) establish application and renewal fees; (5) clarify how inspections, investigations, and confidentiality will apply to PRYTFs; and (6) establish the enforcement actions that HHSC may take against a PRYTF.
Adopting 26 TAC §§745.9067, 745.9069, 745.9071, 745.9073, to set forth PRYTF renewal requirements, CCR evaluation standards, and PRYTF certificate expiration procedures.
CHAPTER 745. LICENSING
DIVISION 3. CERTIFICATE RENEWALS
26 TAC §§745.9067, 745.9069, 745.9071, 745.9073
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.31 and §745.37; and new §§745.9051, 745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9077, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, and 745.9097.
Amended §745.31 and §745.37; and new §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9087, and 745.9089 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will be republished.
New §§745.9051, 745.9077, 745.9085, 745.9091, 745.9093, 745.9095, and 745.9097 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will not be republished.
BACKGROUND AND PURPOSE
The amendments and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement the chapter. Accordingly, CCR is adopting amended rules in Chapter 745, Subchapter B to (1) clarify that CCR will also regulate PRYTFs that will care for young adults 18 to 21 years of age in addition to child care; and (2) update rules to meet current practice and to improve readability and understanding. In addition, CCR is adopting new rules in Chapter 745, Subchapter O to (1) define terms; (2) create an application process, including requiring accreditation and a current GRO license; (3) create a renewal process every two years; (4) establish application and renewal fees; (5) clarify how inspections, investigations, and confidentiality will apply to PRYTFs; and (6) establish the enforcement actions that HHSC may take against a PRYTF.
Adopting 26 TAC §745.9075, to establish the PRYTF Certificate Application fee and PRYTF Certificate Renewal Fees.
CHAPTER 745. LICENSING
DIVISION 4. FEES
26 TAC §745.9075
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.31 and §745.37; and new §§745.9051, 745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9077, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, and 745.9097.
Amended §745.31 and §745.37; and new §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9087, and 745.9089 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will be republished.
New §§745.9051, 745.9077, 745.9085, 745.9091, 745.9093, 745.9095, and 745.9097 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will not be republished.
BACKGROUND AND PURPOSE
The amendments and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement the chapter. Accordingly, CCR is adopting amended rules in Chapter 745, Subchapter B to (1) clarify that CCR will also regulate PRYTFs that will care for young adults 18 to 21 years of age in addition to child care; and (2) update rules to meet current practice and to improve readability and understanding. In addition, CCR is adopting new rules in Chapter 745, Subchapter O to (1) define terms; (2) create an application process, including requiring accreditation and a current GRO license; (3) create a renewal process every two years; (4) establish application and renewal fees; (5) clarify how inspections, investigations, and confidentiality will apply to PRYTFs; and (6) establish the enforcement actions that HHSC may take against a PRYTF.
Adopting 26 TAC §745.9077, to clarify that rules concerning inspections, investigations, and confidentiality apply to a PRYTF certificate in the same manner as a GRO permit.
CHAPTER 745. LICENSING
DIVISION 5. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY
26 TAC §745.9077
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.31 and §745.37; and new §§745.9051, 745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9077, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, and 745.9097.
Amended §745.31 and §745.37; and new §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9087, and 745.9089 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will be republished.
New §§745.9051, 745.9077, 745.9085, 745.9091, 745.9093, 745.9095, and 745.9097 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will not be republished.
BACKGROUND AND PURPOSE
The amendments and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement the chapter. Accordingly, CCR is adopting amended rules in Chapter 745, Subchapter B to (1) clarify that CCR will also regulate PRYTFs that will care for young adults 18 to 21 years of age in addition to child care; and (2) update rules to meet current practice and to improve readability and understanding. In addition, CCR is adopting new rules in Chapter 745, Subchapter O to (1) define terms; (2) create an application process, including requiring accreditation and a current GRO license; (3) create a renewal process every two years; (4) establish application and renewal fees; (5) clarify how inspections, investigations, and confidentiality will apply to PRYTFs; and (6) establish the enforcement actions that HHSC may take against a PRYTF.
Adopting 26 TAC §§745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, 745.9097, to
list the enforcement actions HHSC may impose against a PRYTF.
CHAPTER 745. LICENSING
DIVISION 6. ENFORCEMENT
26 TAC §§745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, 745.9097
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §745.31 and §745.37; and new §§745.9051, 745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9077, 745.9085, 745.9087, 745.9089, 745.9091, 745.9093, 745.9095, and 745.9097.
Amended §745.31 and §745.37; and new §§745.9053, 745.9055, 745.9057, 745.9059, 745.9061, 745.9063, 745.9065, 745.9067, 745.9069, 745.9071, 745.9073, 745.9075, 745.9087, and 745.9089 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will be republished.
New §§745.9051, 745.9077, 745.9085, 745.9091, 745.9093, 745.9095, and 745.9097 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2641). These rules will not be republished.
BACKGROUND AND PURPOSE
The amendments and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement the chapter. Accordingly, CCR is adopting amended rules in Chapter 745, Subchapter B to (1) clarify that CCR will also regulate PRYTFs that will care for young adults 18 to 21 years of age in addition to child care; and (2) update rules to meet current practice and to improve readability and understanding. In addition, CCR is adopting new rules in Chapter 745, Subchapter O to (1) define terms; (2) create an application process, including requiring accreditation and a current GRO license; (3) create a renewal process every two years; (4) establish application and renewal fees; (5) clarify how inspections, investigations, and confidentiality will apply to PRYTFs; and (6) establish the enforcement actions that HHSC may take against a PRYTF.
Adopting 26 TAC §748.61, to add treatment service for individuals aged 21 years or younger with severe emotional disturbance.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER B. DEFINITIONS AND SERVICES
DIVISION 2. SERVICES
26 TAC §748.61
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopting 26 TAC §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, to define terms and clarify additional requirements for the provision of psychiatric health treatments as a certified PRYTF.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER W. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE PSYCHIATRIC HEALTH TREATMENTS AND SERVICES
DIVISION 1. DEFINITIONS AND SCOPE
26 TAC §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopting 26 TAC §§748.4821, 748.4823, 748.4825, to describe the additional policies that general operation must submit as a part of the application process for a PRYTF certificate.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
DIVISION 2. POLICIES, NOTIFICATIONS, AND POSTINGS
26 TAC §§748.4821, 748.4823, 748.4825
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopting 26 TAC §748.4831, §748.4833, to establish PRYTF requirements and qualifications.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
DIVISION 3. PERSONNEL
26 TAC §748.4831, §748.4833
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopting 26 TAC §§748.4841, 748.4843, 748.4845, 748.4847, to establish the pre-service experience requirements for caregiving providing psychiatric health treatments and additional training requirements.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
DIVISION 4. TRAINING
26 TAC §§748.4841, 748.4843, 748.4845, 748.4847
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopting 26 TAC §748.4851, to lower the child-to-caregiver ratio during sleeping hours for operations that offer psychiatric health treatments and services to 6:1.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
DIVISION 5. CHILD TO CAREGIVER RATIO
26 TAC §748.4851
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopting 26 TAC §§748.4861, 748.4863, 748.4865, 748.4867, 748.4869, to establish the admission criteria for psychiatric health treatments and services.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
DIVISION 6. ADMISSION AND SERVICE PLANS
26 TAC §§748.4861, 748.4863, 748.4865, 748.4867, 748.4869
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopting 26 TAC §748.4881, to establish that after a child in PRYTF care turns 18, the young adult may remain until the young adult’s 22nd birthday.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
DIVISION 7. PROVIDING CARE TO CHILDREN AND ADULTS
26 TAC §748.4881
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §748.61; and new §§748.4801, 748.4803, 748.4805, 748.4807, 748.4809, 748.4821, 748.4823, 748.4825, 748.4831, 748.4833, 748.4841, 748.4843, 748.4845, 748.4847, 748.4851, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881.
Amended §748.61 and new §§748.4803, 748.4807, 748.4821, 748.4823, 748.4825, 748.4841, 748.4843, 748.4845, 748.4847, 748.4861, 748.4863, 748.4865, 748.4867, 748.4869, and 748.4881 are adopted with changes to the proposed text as published in the in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These rules will be republished.
New §§748.4801, 748.4805, 748.4809, 748.4831, 748.4833, and 748.4851 are adopted without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2671). These ruleswill not be republished.
BACKGROUND AND PURPOSE
The amendment and new sections are necessary to comply with House Bill (H.B.) 3121, 87th Legislature, Regular Session, 2021, which created Texas Health and Safety Code Chapter 577A, Psychiatric Residential Youth Treatment Facilities. Chapter 577A mandates HHSC Child Care Regulation (CCR) to create a voluntary process whereby a general residential operation (GRO) may be certified as a psychiatric residential youth treatment facility (PRYTF) to provide treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. Section 577A.004 requires HHSC to adopt rules to implement Chapter 577A; and Section 577A.101 requires HHSC to adopt minimum standards for a certified PRYTF. Accordingly, CCR is adopting an amended rule in Chapter 748, Subchapter B to update the types of services CCR regulates to include treatment services for individuals who are 21 of age or younger with a severe emotional disturbance that are admitted to a certified PRYTF. In addition, CCR is adopting new rules in Chapter 748, Subchapter W to (1) define terms and explain the scope of the rules; (2) add requirements for policies, notifications and postings, including requiring ongoing accreditation; (3) require a treatment director; (4) update the training requirements for a caregiver and certain employees; (5) update the child to caregiver ratio during night-sleeping hours; and (6) add admission criteria and specific requirements for plans of care.
Adopted Rule Reviews Re:
Adopting the review of Title 1, Part 15, concerning State Children’s Health Insurance Program.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):
Chapter 370, State Children’s Health Insurance Program
Texas Department of State Health Services
Adopted Rules Re:
Adopting 25 TAC §§229.901 – 229.903, to outline the purpose of the subchapter; add definitions for clarity; and include labeling requirements for analogue, meatless, plant-based, made from plants, or similar qualifying terms describing the contents of the product.
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER HH. LABELING OF ANALOGUE PRODUCTS
25 TAC §§229.901 – 229.903
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new Subchapter HH, §§229.901 – 229.903, concerning Labeling of Analogue Products. New §§229.901 – 229.903 are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5260). These rules will not be republished.
BACKGROUND AND PURPOSE
The new sections are necessary to comply with Senate Bill (S.B.) 664, 88th Legislature, Regular Session, 2023, which adds Texas Health and Safety Code §431.0805. S.B. 664 defines “analogue product,” “cell-cultured product,” “close proximity,” “egg,” “egg product,” “fish,” “meat,” “meat food product,” “poultry,” and “poultry product.”
Adopting 25 TAC §289.201, §289.202, to establish new definitions; qualify training requirements; and update license application processes, concerning the use of field stations, material storage, and approved methods for waste disposal, and otherwise improve clarity and correct grammatical mistakes.
CHAPTER 289. RADIATION CONTROL
SUBCHAPTER D. GENERAL
25 TAC §289.201, §289.202
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §289.201, concerning General Provisions for Radioactive Material; §289.202, concerning Standards for Protection Against Radiation from Radioactive Material; §289.253, concerning Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies; §289.255, concerning Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography; §289.256, concerning Medical and Veterinary Use of Radioactive Material; §289.257, concerning Packaging and Transportation of Radioactive Material; and §289.258, concerning the Licensing and Radiation Safety Requirements for Irradiators. The amendments to §§289.202, 289.257, and 289.258 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4200), and therefore will not be republished. The amendments to §§289.201, 289.253, 289.255, and 289.256 are adopted with changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4200). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary for Texas (an Agreement State) to comply with United States Nuclear Regulatory Commission (NRC) requirements, as identified in the Review Summary Sheets for Regulation Amendments (RATS Identification). The amendments update NRC information and result from the NRC’s adoption of rules related to the use of digital output personnel dosimeters as an acceptable individual monitoring device. The amendments also clarify or correct references and include a requirement to report transactions involving nationally tracked sources.
The amendments establish new definitions; qualify training requirements; and update license application processes concerning use of field stations, material storage, and approved methods for waste disposal. Amendments update Radiation Safety Committee (RSC) requirements and transportation exemptions for medical and veterinary licensees, identify conditions under which medical licensees may revise their radiation protection programs without the department’s approval, and update contamination control criteria and methods. Amendments clarify record retention requirements related to the receipt, transfer, and disposal of radioactive material and devices and ensure compatibility with NRC requirements not specifically mentioned in the RATS Identification.
The amendments update, correct, improve, and clarify the rule language and incorporate plain language where appropriate.
Adopting 25 TAC §§289.253, 289.255 – 289.258, to establish new definitions; qualify training requirements; and update license application processes, concerning the use of field stations, material storage, and approved methods for waste disposal, and otherwise improve clarity and correct grammatical mistakes.
CHAPTER 289. RADIATION CONTROL
SUBCHAPTER F. LICENSE REGULATIONS
25 TAC §§289.253, 289.255 – 289.258
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §289.201, concerning General Provisions for Radioactive Material; §289.202, concerning Standards for Protection Against Radiation from Radioactive Material; §289.253, concerning Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies; §289.255, concerning Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography; §289.256, concerning Medical and Veterinary Use of Radioactive Material; §289.257, concerning Packaging and Transportation of Radioactive Material; and §289.258, concerning the Licensing and Radiation Safety Requirements for Irradiators. The amendments to §§289.202, 289.257, and 289.258 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4200), and therefore will not be republished. The amendments to §§289.201, 289.253, 289.255, and 289.256 are adopted with changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4200). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary for Texas (an Agreement State) to comply with United States Nuclear Regulatory Commission (NRC) requirements, as identified in the Review Summary Sheets for Regulation Amendments (RATS Identification). The amendments update NRC information and result from the NRC’s adoption of rules related to the use of digital output personnel dosimeters as an acceptable individual monitoring device. The amendments also clarify or correct references and include a requirement to report transactions involving nationally tracked sources.
The amendments establish new definitions; qualify training requirements; and update license application processes concerning use of field stations, material storage, and approved methods for waste disposal. Amendments update Radiation Safety Committee (RSC) requirements and transportation exemptions for medical and veterinary licensees, identify conditions under which medical licensees may revise their radiation protection programs without the department’s approval, and update contamination control criteria and methods. Amendments clarify record retention requirements related to the receipt, transfer, and disposal of radioactive material and devices and ensure compatibility with NRC requirements not specifically mentioned in the RATS Identification.
The amendments update, correct, improve, and clarify the rule language and incorporate plain language where appropriate.
In Addition Re:
Licensing Actions for Radioactive Materials (.pdf)
For more information, please visit this week’s edition of the Texas Register at 49 Tex. Reg. 8213.
Licensing Actions for Radioactive Materials (.pdf)
For more information, please visit this week’s edition of the Texas Register at 49 Tex. Reg. 8221.
Licensing Actions for Radioactive Materials (.pdf)
For more information, please visit this week’s edition of the Texas Register at 49 Tex. Reg. 8227.
Order Placing 2-Methyl AP-237, Etodesnitazene, NPyrrolidino Etonitazene, and Protonitazene into Schedule I and Extending the Temporary Placement of Butonitazene, Flunitazene, and Metodesnitazene in Schedule I (.pdf)
For more information, please visit this week’s edition of the Texas Register at 49 Tex. Reg. 8234.
Texas Council on Alzheimer’s Disease and Related Disorders
Adopted Rule Reviews Re:
Adopting the review of Title 25, Part 12, concerning Procedures.
The Texas Council on Alzheimer’s Disease and Related Disorders, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 12, of the Texas Administrative Code:
Chapter 801, Procedures