Texas Register September 1, 2023 Volume: 48 Number: 35

Governor

Appointments Re:

Appointed to the Texas Board of Nursing for a term to expire January 31, 2029:

• Katherine A. “Kathy” Boswell of Mineral Wells, Texas;
• Mazie Mathews Jamison of Dallas, Texas; and
• Verna K. “Kathy” Shipp of Lubbock, Texas.

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Texas Board of Chiropractic Examiners

Proposed Rules Re:

Repealing 22 TAC §72.5, to remove typographical errors in the current rule concerning Approved Schools and Colleges.

CHAPTER 72. BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS
22 TAC §72.5

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.5 (Approved Schools and Colleges). The Board will propose a new §72.5 in a separate rulemaking. This rulemaking action will remove typographical errors in the current rule.

BACKGROUND AND JUSTIFICATION

The Board’s Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed repeal is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the repeal as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis are not required because the proposed repeal will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).

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New 22 TAC §72.5, to correct typographical errors in the current rule with no substantive changes to the rule.

CHAPTER 72. BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS
22 TAC §72.5

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.5 (Approved Schools and Colleges). The current §72.5 is being repealed in a separate rulemaking action. This rulemaking action will correct typographical errors in the current rule; there are no substantive changes to the existing text proposed.

BACKGROUND AND JUSTIFICATION

The Board’s Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed rule is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the rule as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis are not required because the proposed rule will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).

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Repealing 22 TAC §73.1, to remove incorrect references from subsection (d) of the rule.

CHAPTER 73. CONTINUING EDUCATION
22 TAC §73.1

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §73.1 (Continuing Education Requirements for Licensees). The Board will propose a new §73.1 in a separate rulemaking. This rulemaking action will change incorrect references in subsection (d) to other subsections of the rule relating to exemptions; there are no substantive changes to the current text.

BACKGROUND AND JUSTIFICATION

The Board’s Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed repeal is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the repeal as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed repeal will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).

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New 22 TAC §73.1, to correct references in subsection (d) of the rule with no substantive changes to the rule.

CHAPTER 73. CONTINUING EDUCATION
22 TAC §73.1

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §73.1 (Continuing Education Requirements for Licensees). The current §73.1 is being repealed in a separate rulemaking action. This rulemaking action will change incorrect references in subsection (d) to other subsections of the rule relating to exemptions; there are no substantive changes to the current text.

BACKGROUND AND JUSTIFICATION

The Board’s Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed rule is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the rule as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed rule will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).

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Repealing 22 TAC §78.4, to allow for the rule to be split into two different rules for increased clarity for requirements for delegating to chiropractic students and recent graduates.

CHAPTER 78. SCOPE OF PRACTICE AND DELEGATION
22 TAC §78.4

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §78.4 (Delegation to Chiropractic Students and Recent Graduates). The Board will propose a new §78.4 (Delegation to Chiropractic Students) and a new §78.7 (Delegation to Recent Graduates) in separate rulemakings.

BACKGROUND AND JUSTIFICATION

The overall purpose of these rulemakings is to split the current §78.4 into two separate rules. Licensees have suggested this to the Board because some have found the current rule confusing due to the slightly differing requirements for delegating to chiropractic students and recent graduates. The Board agrees that creating separate rules for students and graduates will make it easier for licensees to comply with the requirements. Therefore, the Board will also propose a new §78.7 (Delegation to Recent Graduates. There will be no substantive changes to the current requirements for delegating to chiropractic students and recent graduates.

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New 22 TAC §78.4, to create a separate rule for delegation to chiropractic students.

CHAPTER 78. SCOPE OF PRACTICE AND DELEGATION
22 TAC §78.4

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.4 (Delegation to Chiropractic Students). The Board will propose the repeal of the current §78.4 (Delegation to Chiropractic Students and Recent Graduates) and propose a new §78.7 (Delegation to Recent Graduates) in separate rulemakings.

BACKGROUND AND JUSTIFICATION

The overall purpose of these rulemakings is to split the current §78.4 into two separate rules. Licensees have suggested this to the Board because some have found the current rule confusing due to the slightly differing requirements for delegating to chiropractic students and recent graduates. The Board agrees that creating separate rules for students and graduates will make it easier for licensees to comply with the requirements. Therefore, the Board will also propose a new §78.7 (Delegation to Recent Graduates). There will be no substantive changes to the current requirements for delegating to chiropractic students and recent graduates.

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New 22 TAC §78.7, to create a separate rule for delegation to recent graduates.

CHAPTER 78. SCOPE OF PRACTICE AND DELEGATION
22 TAC §78.7

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.7 (Delegation to Recent Graduates). The Board will propose the repeal of the current §78.4 (Delegation to Chiropractic Students and Recent Graduates) and propose a new §78.4 (Delegation to Chiropractic Students) in separate rulemakings.

BACKGROUND AND JUSTIFICATION

The overall purpose of these rulemakings is to split the current §78.4 into two separate rules (§78.4 for chiropractic students only and new §78.7 for recent graduates only). Licensees have suggested this to the Board because some have found the current rule confusing due to the slightly differing requirements for delegating to chiropractic students and recent graduates contained in the rule. The Board agrees that creating separate stand-alone rules for students and graduates will make it easier for licensees to comply with the requirements. There will be no substantive changes to the current requirements for delegating to chiropractic students and recent graduates.

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Cancer Prevention and Research Institute of Texas

Proposed Rules Re:

Amending 25 TAC §701.25, to expand the electronic signature policy to include Grant Applicants and ASOs who submit applications through CPRIT’s electronic Application Receipt System.

CHAPTER 701. POLICIES AND PROCEDURES
25 TAC §701.25

OVERVIEW

The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amending 25 Texas Administrative Code §701.25 relating to the applicability of CPRIT’s electronic signature policy.

BACKGROUND AND JUSTIFICATION

CPRIT’s electronic policy explicitly applies to Grant Recipients that use the Institute’s electronic Grant Managements System (CGMS). The policy allows CPRIT to rely on information submitted by a Grant Recipient’s Authorized Signing Official (ASO) as legally binding. An ASO is the designated representative of the applicant and/or grant organization with the authority to act on the organization’s behalf in matters related to the application for and administration of a CPRIT grant award.

The proposed amendment expands the electronic signature policy to explicitly include Grant Applicants and ASOs who submit applications through CPRIT’s electronic Application Receipt System (CARS). A Grant Applicant must create a user account in CARS before an application may be submitted to the Institute. As part of the registration process, a Grant Applicant is required to designate an ASO individual at the institution or organization with the authority to approve the submission of the grant application.

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Adopted Rules Re:

Amending 25 TAC §701.3, to define the “Grant Progress Report” and removing references to “goals and objectives.”

CHAPTER 701. POLICIES AND PROCEDURES
25 TAC §701.3

OVERVIEW

The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) adopts the amendments to 25 Texas Administrative Code §701.3(29) and (63) with changes to the proposed amendments to update the alphabetical order of the definitions as published in the June 2, 2023, issue of the Texas Register (48 TexReg 2818); therefore, the rules will be republished. The amendments relate to the definition and use of “Scope of Work.”

BACKGROUND AND JUSTIFICATION

CPRIT amends the term “Scope of Work” to include “specific aims and subaims, if appropriate.” Grant applicants submit a Scope of Work with their grant application and, if approved, the Scope of Work becomes part of the grant contract.

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Amending 25 TAC §§703.6, 703.7, 703.10, 703.21, 703.25, to replace inconsistent goals and objectives pertaining to the Scope of Work.

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH
25 TAC §§703.6, 703.7, 703.10, 703.21, 703.25

OVERVIEW

The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) adopts the amendments to 25 Texas Administrative Code §§703.6, 703.10, 703.21, and 703.25 without changes to the proposed amendments as published in the June 2, 2023, issue of the Texas Register (48 TexReg 2822); therefore, the rules will not be republished. CPRIT adopts amendments to 25 TAC §703.7 with a non-substantive change to correctly reference an administrative rule subsection as published in the June 2, 2023, issue of the Texas Register (48 TexReg 2822); therefore, the rule will be republished. The amendments ensure that CPRIT consistently uses the term “Scope of Work” throughout the Institute’s administrative rules.

BACKGROUND AND JUSTIFICATION

The amendments replace inconsistent use of scope of work (e.g, project goals, goals and objectives, timeline) with “Scope of Work,” which is a defined term in Texas Administrative Code Chapter 701.

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Texas Board of Occupational Therapy Examiners

Proposed Rules Re:

Amending 40 TAC §364.5, to make military service members eligible for the recognition of an out-of-state license.

CHAPTER 364. REQUIREMENTS FOR LICENSURE
40 TAC §364.5

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §364.5, concerning Recognition of Out-of-State License of Military Spouse. The amendments add military service members to those eligible for the recognition of an out of state license and make further changes regarding the recognition pursuant to changes required by Senate Bill 422 of the 88th Regular Legislative Session. In addition, the amendments remove from the section information concerning an address of record pursuant to changes required by SB 510 of the 88th Regular Legislative Session. The amendments also include adding that individuals provide the Board phone number and mailing address information and update the Board of related changes and include further cleanups and/or clarifications.

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Amending 40 TAC §368.1, to update references and information pertaining to the setting of costs for the copying of records.

CHAPTER 368. OPEN RECORDS
40 TAC §368.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §368.1, Open Records. The proposed amendments concern updating the references in the section, including to update information regarding the setting of costs for the copying of records due to the abolishment of the General Services Commission. The amendments also clarify that state or federal statutes in addition to Texas Government Code Chapter 552 may affect the disclosure of certain information and add information regarding the use of a designee for the Executive Director, the agency’s open records coordinator. The amendments include further cleanups, including those concerning aligning the section with Texas Government Code Chapter 552.

The amendments will improve the accuracy of the information in the section, clarify that statutes other than those contained in Chapter 552 may affect the agency’s disclosure of information, and align the section more closely with Texas Government Code Chapter 552.

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Amending 40 TAC §369.2, to remove information regarding an address of record.

CHAPTER 369. DISPLAY OF LICENSES
40 TAC §369.2

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §369.2, Changes of Name or Contact Information. The proposed amendments concern removing from the section information concerning an address of record pursuant to changes required by Senate Bill 510 of the 88th Regular Legislative Session.

Senate Bill 510 adds Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority. The bill, which takes effect September 1, 2023, includes that applicants’, licensees’, and former licensees’ home addresses are confidential and not available public information. Pursuant to such, the Board proposes amendments to §369.2, as well as 40 Texas Administrative Code §364.5, Recognition of Out-of-State License of Military Spouse, and §370.1, License Renewal, to remove information concerning the election an individual may make to designate a home, mailing, or business address as the address available to the public.

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Amending 40 TAC §370.1, to remove an address of record pursuant to Senate Bill 510, which makes certain addresses confidential.

CHAPTER 370. LICENSE RENEWAL
40 TAC §370.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §370.1. License Renewal. The proposed amendments concern removing from the section information concerning an address of record pursuant to changes required by Senate Bill 510 of the 88th Regular Legislative Session.

Senate Bill 510 adds Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority. The bill, which takes effect September 1, 2023, includes that applicants’, licensees’, and former licensees’ home addresses are confidential and not available public information. Pursuant to such, the Board proposes amendments to §370.1, as well as 40 Texas Administrative Code §364.5, Recognition of Out-of-State License of Military Spouse, and §369.2, Changes of Name or Contact Information, to remove information concerning the election an individual may make to designate a home, mailing, or business address as the address available to the public.

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State Board of Dental Examiners

Adopted Rules Re:

Amending 22 TAC §102.1, to reflect the application fees for Registered Dental Assistants, Course Providers, and Continuing Education Providers.

CHAPTER 102. FEES
22 TAC §102.1

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §102.1, concerning fees. The adopted amendment reflects the fees required to submit the following applications to the Board: Registered Dental Assistant (RDA) Course Provider Application, and Continuing Education (CE) Provider Application. This rule is adopted without changes to the proposed text published in the July 7, 2023 issue of the Texas Register (48 TexReg 3620), and will not be republished.

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Amending 22 TAC §110.18, to grant the Board discretion to pursue revocation of a dental license for certain sedation/anesthesia providers.

CHAPTER 110. SEDATION AND ANESTHESIA
22 TAC §110.18

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §110.18, concerning inspection of sedation/anesthesia providers. The adopted amendment gives the Board discretion on whether to pursue revocation of a dental license if a permit holder who is in an inactive status is found to have administered or delegated the administration of level 2, 3, or 4 sedation/anesthesia while in inactive status. The adopted amendment also gives the Board discretion on whether to pursue revocation of a dental license if a permit holder who is an exempt location status is found to have administered or delegated the administration of level 2, 3, or 4 sedation/anesthesia in a non-exempt location. This rule is adopted without changes to the proposed text published in the July 7, 2023 issue of the Texas Register (48 TexReg 3620), and will not be republished.

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Texas Health and Human Services Commission

In Addition Re:

Notice of Public Hearing on Proposed Rate Actions related to Reimbursement for Federal Substance Abuse Prevention and Treatment Block Grant Services

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 15, 2023, at 9:00 a.m. to receive public comments on proposed Reimbursement for Federal Substance Abuse Prevention and Treatment Block Grant Services in accordance with 2024-25 General Appropriations Act, H.B. 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 53).

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Texas Department of State Health Services

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 4884.

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Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 4890.

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