Texas Register Table of Contents
- 1 The Governor
- 2 State Board of Dental Examiners
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Amending 22 TAC §101.2, clarifying that clinical examinations must use live patients or hands-on simulations.
- 2.0.1.2 Amending 22 TAC §101.3, updating and clarifying the clinical examination requirements.
- 2.0.1.3 Amending 22 TAC §103.2, requiring the use of live patients or hands-on simulations for licensure by examination for dental hygienists.
- 2.0.1.4 Amending 22 TAC §103.3, updating the clinical examination requirements for dental hygiene licensure.
- 2.0.1 Proposed Rules Re:
- 3 Texas State Board of Examiners of Psychologist
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Amending 22 TAC §463.8, concerning supervision hours requirement for licensure.
- 3.0.1.2 Amending 22 TAC §463.9, clarifying that accredited programs by NASP are considered to have met all training and internship requirements for licensure.
- 3.0.1.3 Amending 22 TAC §463.10, removing the criteria for applicants with a doctoral degree conferred prior to January 1, 1979.
- 3.0.1.4 Amending 22 TAC §463.11, adding the Psychological Clinical Science Accreditation to the list of accredited programs and removing time requirements between when a degree is awarded and when the individual applies for licensure.
- 3.0.1.5 Amending 22 TAC §463.12, which repeals the requirement that temporary license holders get pre-approval 24 hours before one intends to use such a license in Texas.
- 3.0.1.6 Amending 22 TAC §463.15, to move the criteria for applicants with a doctoral degree conferred prior to January 1, 1979, from current rule §463.10 to this new rule.
- 3.0.1 Proposed Rules Re:
- 4 Texas State Board of Social Work Examiners
- 5 Texas State Board of Examiners of Marriage and Family Therapists
- 6 Texas Health and Human Services Commission
- 7 Department of State Health Services
- 8 Texas Council for Developmental Disabilities
The Governor
Proclamation 41-3931
The Governor issued Proclamation 41-3931 to renew the disaster declaration for all Texas counties.
OVERVIEW
In accordance with the authority vested by Section 418.014 of the Texas Government Code, the Governor hereby renews the disaster proclamation for all counties in Texas.
BACKGROUND AND JUSTIFICATION
Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to cope with this declared disaster, the Governor hereby suspends such statutes and rules for the duration of this declared disaster for that limited purpose.
In accordance with the statutory requirements, copies of this proclamation shall be filed with the applicable authorities.
State Board of Dental Examiners
Proposed Rules Re:
Amending 22 TAC §101.2, clarifying that clinical examinations must use live patients or hands-on simulations.
CHAPTER 101. DENTAL LICENSURE
22 TAC §101.2
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §101.2, concerning licensure by examination for dentists. The proposed amendment updates the language to clarify that clinical examinations must use live patients or hands-on simulations. The amendment reflects the merger of the regional examining board CDCA-WREB-CITA, and the name change of the regional examining board SRTA. The amendment also changes the time period the Board will accept examination results.
Amending 22 TAC §101.3, updating and clarifying the clinical examination requirements.
CHAPTER 101. DENTAL LICENSURE
22 TAC §101.3
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §101.3, concerning dental licensure by credentials. The proposed amendment updates the language to clarify that clinical examinations must use live patients or hands-on simulations.
Amending 22 TAC §103.2, requiring the use of live patients or hands-on simulations for licensure by examination for dental hygienists.
CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.2
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §103.2, concerning licensure by examination for dental hygienists. The proposed amendment updates the language to clarify that clinical examinations must use live patients or hands-on simulations. The amendment reflects the merger of the regional examining board CDCA-WREB-CITA, and the name change of the regional examining board SRTA. The amendment also changes the time period the Board will accept examination results.
Amending 22 TAC §103.3, updating the clinical examination requirements for dental hygiene licensure.
CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.3
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §103.3, concerning dental hygiene licensure by credentials. The proposed amendment updates the language to clarify that clinical examinations must use live patients or hands-on simulations.
Texas State Board of Examiners of Psychologist
Proposed Rules Re:
Amending 22 TAC §463.8, concerning supervision hours requirement for licensure.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.8
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §463.8, relating to Licensed Psychological Associate.
BACKGROUND AND JUSTIFICATION
The proposed amendments correct typographical errors in subsections (a)(3), (b)(3), and (c)(3). The proposed amendment to subsection (a)(2) will allow for the supervised experience from an internship, practicum, or the like to count towards licensure if it is obtained under an individual licensed as both an LSSP and an LPA, instead of only under the supervision of a psychologist. Subsection (c)(5) has been amended to allow a provisionally licensed psychologist to count supervision hours obtained towards the independent practice requirements as an LPA. Subsection (d) has been deleted to correspond with the proposed change to §463.11, which deletes the gap requirements for when supervised experience was obtained and when an application was submitted. Subsection (f) extends a grandfathering provision for degrees in psychology that began before August 31, 2019. And subsection (g) creates a way for applicants with deficiencies to petition for permission to remediate certain areas of deficiency.
Amending 22 TAC §463.9, clarifying that accredited programs by NASP are considered to have met all training and internship requirements for licensure.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
22 TAC §463.9
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §463.9, relating to Licensed Specialist in School Psychology.
BACKGROUND AND JUSTIFICATION
The proposed amendment to subsection (c) makes clear that accredited programs by NASP are considered to meet all training and internship requirements for licensure under this rule, the same as NASP approved programs. Subsection (d) has been amended to allow for those that did not obtain a specialist degree from a school psychology program to apply for licensure if they have obtained a certificate of completion from a graduate-level training program designed to train individuals from related disciplines in the practice of school psychology.
Amending 22 TAC §463.10, removing the criteria for applicants with a doctoral degree conferred prior to January 1, 1979.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
22 TAC §463.10
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §463.10, relating to Licensed Psychologists.
BACKGROUND AND JUSTIFICATION
The proposed amendment removes the criteria for applicants with a doctoral degree conferred prior to January 1, 1979, from this rule. This same criteria is proposed in new rule §463.15.
Amending 22 TAC §463.11, adding the Psychological Clinical Science Accreditation to the list of accredited programs and removing time requirements between when a degree is awarded and when the individual applies for licensure.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
22 TAC §463.11
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §463.11, relating to Supervised Experience Required for Licensure as a Psychologist.
BACKGROUND AND JUSTIFICATION
The proposed amendment to subsection (b) adds the Psychological Clinical Science Accreditation System to the list of accredited programs where an applicant can count supervised experience obtained in excess of the 1,750 required as part of the applicant’s internship. Subsection (c)(2) is proposed to be deleted, doing away with any time requirements between when a degree is awarded and when the individual applies for licensure. Corresponding amendments have been made in subsection (f) because of the deletion of subsection (c)(2).
Amending 22 TAC §463.12, which repeals the requirement that temporary license holders get pre-approval 24 hours before one intends to use such a license in Texas.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
22 TAC §463.12
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §463.12, relating to Temporary License.
BACKGROUND AND JUSTIFICATION
The proposed amendment repeals the requirement that temporary license holders get preapproval 24 hours before one intends to use such a license in this state. Temporary license holders will only be required to report the use of this license after utilizing the full thirty days or the expiration of one year from licensure, whichever occurs first.
Amending 22 TAC §463.15, to move the criteria for applicants with a doctoral degree conferred prior to January 1, 1979, from current rule §463.10 to this new rule.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
22 TAC §463.15
OVERVIEW
The Texas Behavioral Health Executive Council proposes new §463.15, relating to Criteria for Degrees Conferred Prior to 1979.
BACKGROUND AND JUSTIFICATION
This proposed new rule moves the criteria for applicants with a doctoral degree conferred prior to January 1, 1979, from current rule §463.10 to this new rule.
Texas State Board of Social Work Examiners
Proposed Rules Re:
Amending 22 TAC §781.303 in order to better align the rule with the statutory rights and duties listed in sections of the Family Code.
CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.303
OVERVIEW
The Texas Behavioral Health Executive Council proposes amendments to §781.303, relating to General Standards of Practice.
BACKGROUND AND JUSTIFICATION
This amendment is made to better align this rule with the statutory rights and duties listed in Sections 151.001, 153.132, and 153.371 of the Family Code.
Texas State Board of Examiners of Marriage and Family Therapists
Proposed Rules Re:
Amending 22 TAC §801.142 to correct typographical errors.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.142
OVERVIEW
The Texas Behavioral Health Executive Council proposes amended §801.142, relating to Supervised Clinical Experience Requirements and Conditions.The proposed amendments correct typographical errors.
Texas Health and Human Services Commission
Adopted Rules Re:
Amending 1 TAC §355.8443 to clarify reimbursement methodology for School Health and Related Services (SHARS).
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER J. PURCHASED HEALTH SERVICES
1 TAC §355.8443
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.8443, concerning Reimbursement Methodology for School Health and Related Services (SHARS). The amendment to §355.8443 is adopted with changes to the proposed text as published in the April 29, 2022, issue of the Texas Register (47 TexReg 2394). This rule will be republished.
BACKGROUND AND JUSTIFICATION
The rule amendment to §355.8443 adds text to align with the implementation of House Bill (H.B.) 706, 86th Legislature, Regular Session, 2019. H.B. 706 amended the Texas Education Code to permit SHARS providers to bill and receive reimbursement for allowable audiology services provided to Medicaid-eligible children as prescribed in a plan created under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794). H.B. 706 requires HHSC to adopt rules necessary to implement Texas Education Code Section 38.033 (redesignated as Section 38.034 by H.B. 3607, 87th Legislature, Regular Session, 2021) in consultation with the Texas Education Association and as approved by the Centers for Medicare and Medicaid Services.
The rule amendment also implements changes to increase the integrity of the program by requiring additional detail to be collected regarding services reimbursed through the SHARS program, including data related to both individual recipients and specific services. This rule update also adds detail to increase transparency by clarifying definitions and processes for the SHARS program and includes new language on informal review processes and further information on appeals.
In Addition Re:
Correction of Error
The Health and Human Services Commission proposed new 26 TAC §260.5 in the September 16, 2022, issue of the Texas Register (47 TexReg 5574). Due to an error by the Texas Register, the section number “260.5” appeared as “261.5” in the title of the rule. The correct title of the is as follows:
§260.5. Definitions.
Notice of Public Hearing on Proposed Payment Rates for Individualized Skills and Socialization Services
OVERVIEW
The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on October 11, 2022, at 9:00 a.m. – 11:00 a.m. to receive public comments on the proposed payment rates for Individualized Skills and Socialization services in the Deaf-Blind with Multiple Disabilities Waiver (DBMD), Home and Community-Based Services Waiver (HCS) and Texas Home Living Waiver (TxHmL) programs.
Updated Public Notice: Texas State Plan Amendment
OVERVIEW
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
BACKGROUND AND JUSTIFICATION
The purpose of the amendment is to change the minimum qualification for service coordinators (also referred to as a case manager in the state plan) to match proposed revisions recommended to state rule. HHSC is amending the minimum hiring qualifications for service coordinators that work for Local Intellectual and Developmental Disability Authorities (LIDDAs) throughout Texas. As well, in accordance with House Bill (H.B.) 4 (87th Legislature, Regular Session, 2021), the amendment will permit comprehensive encounters completed by targeted case managers for individuals with intellectual disabilities to be completed via synchronous audio-only or synchronous audio-visual technology. The proposed amendments are effective November 1, 2022.
Department of State Health Services
In Addition Re:
Order Adding Ganaxolone to Schedule V and Permanently Placing Six Synthetic Cathinones in Schedule I
For more information, please visit this week’s issue of the Texas Register at 47 Tex Reg 6494.
Texas Council for Developmental Disabilities
In Addition Re:
Request for Applications: TCDD Adults with IDD Supporting Aging Family Members
OVERVIEW
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for one organization to develop educational resources to support individuals with intellectual and developmental disabilities (IDD) to fully participate in the care of parents or family caregivers who are aging.
BACKGROUND AND JUSTIFICATION
The purpose of offering funding for the projects described in this Request for Applications (RFA) is to develop educational resources to support people with IDD to better understand and participate in caring for family members, promote person-directed communication with family, and strengthen networks for people with IDD to better connect to meet the needs of aging family members.
Request for Applications: TCDD Coping with Grief and Loss
OVERVIEW
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for one organization to develop and distribute educational and support resources that provide specific information on coping with grief and loss.
BACKGROUND AND JUSTIFICATION
The purpose of offering funding for the projects described in this Request for Applications (RFA) is to support people with intellectual and developmental disabilities (IDD) and their families as they seek appropriate resources to help them cope with grief and loss across multiple life areas. An IDD specific program would help participants understand the types of grief and loss, provide strategies needed to manage grief and loss, and provide connection to appropriate services when needed.