4 Sep 2020

Texas Register September 4, 2020 Volume: 45 Number: 36

by | posted in: Cancer Prevention and Research Institute of Texas, Governor, State Board of Dental Examiners, Texas Board of Chiropractic Examiners, Texas Department on Aging and Disability Services, Texas Health and Human Services Commission, Texas Medical Board, Texas State Board of Pharmacy |

Texas Register Table of Contents

Governor

 

Appointments

Governor reappoints one member and appoints two new members to the Texas Board of Respiratory Care

Appointments for August 20, 2020Appointed to the Texas Board of Respiratory Care for terms to expire February 1, 2025:Samuel L. Brown, Jr. of Marshall, Texas (replacing Joe Ann Clack of Missouri City, whose term expired); Debra E. Patrick of McKinney, Texas (Ms. Patrick is being reappointed); Hammad Nasir Qureshi, M.D. of Tomball, Texas (replacing James M. “Jim” Stocks of Tyler, whose term expired).

Governor

Appointments

Governor designates Latana T. Jackson-Woods as presiding officer of the Texas Board of Respiratory Care

Appointments for August 20, 2020Designated as presiding officer of the Texas Board of Respiratory Care, for a term to expire at the pleasure of the Governor, Latana T. Jackson-Woods of Cedar Hill (Ms. Jackson-Woods is replacing Joe Ann Clack of Missouri City).

State Board of Dental Examiners

Emergency Rule

Amending 22 TAC §108.7 to establish minimum standards of care for dental practice during the COVID-19 disaster

CHAPTER 108. PROFESSIONAL CONDUCTSUBCHAPTER A. PROFESSIONAL RESPONSIBILITY22 TAC §108.7OVERVIEWThe State Board of Dental Examiners (Board) adopts on an emergency basis an amendment to 22 TAC §108.7, in response to the COVID-19 disaster declaration. The amendment is being made pursuant to Executive Order GA 19, and dictates the minimum standards for safe practice during the COVID-19 disaster.The emergency rule amends 22 TAC §108.7 by adding §108.7(16), which dictates protocol for dental practice during the COVID-19 disaster. The new provision is included in its entirety in this week’s edition of the Texas Register (45 Tex Reg 6171). BACKGROUND AND JUSTIFICATION This rule is adopted on an emergency basis due to the imminent peril to the public health, safety and welfare caused by failure to adhere to the minimum standards for safe practice during the COVID-19 pandemic.The amended definitions are applicable only for purposes of the COVID-19 disaster declaration and shall only remain effective until the COVID-19 disaster declaration is terminated.

Texas Medical Board

Emergency Rule

Renewing the amendment to 22 TAC §174.5, allowing the prescription of certain scheduled drugs for the treatment chronic pain using telemedicine

CHAPTER 174. TELEMEDICINESUBCHAPTER A. TELEMEDICINE22 TAC §174.5OVERVIEWThe Texas Medical Board is renewing the effectiveness of emergency amended §174.5 for a 60-day period. The text of the emergency rule was originally published in the July 10, 2020, issue of the Texas Register (45 TexReg 4598).The emergency amendment allows physicians to utilize telemedicine to issue refill prescriptions for scheduled medications to established chronic pain patients if the physician determines that such telemedicine treatment is needed due to the COVID-19 pandemic.BACKGROUND AND JUSTIFICATIONThe emergency amendment to §174.5(e) is immediately necessary to help the state’s physicians, physician assistants and other health care professionals continue to mitigate the risk of exposure to COVID-19 and provide necessary medical services to related to chronic pain management with controlled substances for patients. Pursuant to the Governor’s declaration of disaster issued on March 13, 2020, related to COVID-19, physicians determining whether to utilize telemedicine medical services for the treatment of chronic pain with scheduled medications, must give due consideration to additional important parameters to ensure the safety of the patient.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §500.3 to temporarily permit a currently licensed hospital to designate part of its facility for use as an off-site facility by another hospital

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER A. HOSPITALS26 TAC §500.3OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §500.3 for a 60-day period. The text of the emergency rule was originally published in the May 8, 2020, issue of the Texas Register (45 TexReg 2949).To protect current and future patients in health care facilities and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is renewing the emergency rule to temporarily permit a currently licensed hospital to designate a specific part of its hospital for use as an off-site facility by another hospital, and to allow another currently licensed hospital to apply to use that designated hospital space as an off-site facility for inpatient care.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for the designation of licensed hospital space in response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. The Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §500.43 to temporarily permit Chemical Dependency Treatment Facilities to provide treatment services through internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.43 OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §500.43 and §500.44 for a 60-day period. The text of the emergency rule was originally published in the May 8, 2020, issue of the Texas Register (45 TexReg 2949).To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is renewing this emergency rule to temporarily permit a licensed CDTF to provide treatment services through two-way, real-time internet or telephone communications to clients in order to reduce the risk of transmission of COVID-19.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency rules for CDTF Service Delivery Through Two-Way, Real-Time Internet or Telephone Communications in Response to COVID-19 and Treatment Planning and Service Provision Documentation Deadlines in Response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §500.44 to temporarily extend certain documentation deadlines for Chemical Dependent Treatment Facilities

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.44OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §500.43 and §500.44 for a 60-day period. The text of the emergency rule was originally published in the May 8, 2020, issue of the Texas Register (45 TexReg 2949).To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is renewing this emergency rule to extend treatment planning and service provision documentation deadlines to provide CDTFs additional time to document service delivery, as counselor caseloads may have increased in intensive residential treatment programs.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency rules for CDTF Service Delivery Through Two-Way, Real-Time Internet or Telephone Communications in Response to COVID-19 and Treatment Planning and Service Provision Documentation Deadlines in Response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Health and Human Services Commission

Emergency Rule

Renewing 26 TAC §500.51 to temporarily permit the supervision of licensed Chemical Dependency Counselor interns through internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER E. LICENSED CHEMICAL DEPENDENCY COUNSELORS26 TAC §500.51OVERVIEWThe Health and Human Services Commission is renewing the effectiveness of emergency new §500.51 for a 60-day period. The text of the emergency rule was originally published in the May 8, 2020, issue of the Texas Register (45 TexReg 2950).To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting this emergency rule to temporarily permit: Counselor interns with more than 1,000 hours of supervised work experience to provide services in person or through two-way, real-time internet or telephone communications;Supervisors of LCDC interns with less than 2,000 hours of supervised work experience to provide supervision in person or through two-way, real-time internet or telephone communications; and A certified clinical supervisor, or the clinical training institution coordinator or intern’s supervising qualified credentialed counselor at a clinical training institution, to provide supervision to a counselor intern using two-way, real-time internet or telephone communications to observe and document the intern performing assigned activities and to provide and document one hour of face-to-face individual or group supervision.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Supervision of LCDC Interns in Response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

Texas Department on Aging and Disability Services

Emergency Rule

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

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.199, §9.299OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC or Commission) adopts on an emergency basis in Title 40, Part 1, Texas Administrative Code, Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, new §9.199 and §9.299, concerning emergency rules in response to COVID-19. To protect individuals receiving Home and Community-based Services (HCS) and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting these emergency rules to reduce the risk of spreading COVID-19 to individuals in the HCS program. These new rules describe the requirements HCS program providers must immediately put into place and the requirements they must follow for visitation and day habilitation. The rules also identify changes to HHSC survey procedures in response to the COVID-19 pandemic.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these Emergency Rules for Program Provider Response to COVID-19 and HCS Provider Response to COVID-19 — Limited Visitation for a Level 1 Residence Provider.

Texas Department on Aging and Disability Services

Emergency Rule

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

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER N. TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.597OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC or Commission) adopts on an emergency basis in Title 40, Texas Administrative Code, Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, new §9.597, concerning an emergency rule in response to COVID-19 in order to reduce the risk of spreading COVID-19 to individuals in the Texas Home Living program. To protect individuals receiving Texas Home Living services and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting an emergency rule to reduce the risk of spreading COVID-19 to individuals in the Texas Home Living program. This new rule describes the requirements that Texas Home Living providers must immediately put into place and identifies changes to survey procedures in response to COVID-19.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code, §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 can be effective for not longer than 120 days and can be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Program Provider Response to COVID-19 Emergency Rule.

Cancer Prevention and Research Institute of Texas

Proposed Rules

Amending 25 TAC §703.25 to require Institute approval for all grant-recipient budget changes or transfers

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH25 TAC §703.25OVERVIEWThe Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes an amendment to 25 Texas Administrative Code §703.25(e), relating to approval of budget requests by grant recipients.BACKGROUND AND JUSTIFICATION The proposed amendment to §703.25(e) requires that a grant recipient receive approval from the Institute for all budget changes or transfers. Currently, Institute approval is not required for budget changes or transfers that are ten percent (10%) or less of the project year budget and meet other criteria. The proposed amendment will provide consistent treatment for all budget requests and enable CPRIT program staff to ensure any budget change corresponds with the project’s approved goals and objectives.

State Board of Dental Examiners

Withdrawn Rule

Withdrawing emergency rule 22 TAC §108.7, which dictated minimum standards of safe practice during the COVID-19 disaster

CHAPTER 108. PROFESSIONAL CONDUCTSUBCHAPTER A. PROFESSIONAL RESPONSIBILITY22 TAC §108.7The State Board of Dental Examiners withdraws the emergency adoption of the amendment to §108.7, which appeared in the May 8, 2020, issue of the Texas Register (45 TexReg 2944).The amendment was made pursuant to Executive Order GA 19 and dictated the minimum standards for safe practice during the COVID-19 disaster.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §72.14 (License Renewal) as part of the Board’s comprehensive rule-revision effort

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.14The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.14 (License Renewal), without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3972). The rule will not be republished. The Board will adopt a new §72.14 in a separate rulemaking. As part of the Board’s comprehensive rule revision effort, the purpose of the repeal is to make the Board’s licensing rules simpler and easier to navigate.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §72.14, updating and clarifying language related to license renewal

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.14OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §72.14 (Renewing a License), with non-substantive changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3972). The rule will be republished.As part of the Board’s comprehensive rule revision effort, the new rule will remove unnecessary text and make the Board’s rules simpler and easier to navigate.SUMMARY OF CHANGESThe new rule removes language in current subsections (c) through (e) concerning nonrenewal for student loan defaults made invalid by changes to Texas Occupations Code Chapter 56 in the last legislative session. The rule further removes outdated language related to facilities in current subsection (b), which is now addressed in current §75.2 (Place of Business). The new rule also removes duplicative language in current subsection (f) concerning appealing a Board decision to not renew a license, which is now contained in current §72.10 (Appealing a Denied Application or Permit).

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 2 TAC §72.15 (Temporary License) as part of the Board’s comprehensive rule-revision effort

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.15The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §72.15 (Temporary License), without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3974). The rule will not be republished.The Board will adopt a new §72.15 in a separate rulemaking. As part of the Board’s comprehensive rule revision effort, the purpose of the repeal is to make the Board’s licensing rules simpler and easier to navigate.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §72.15, updating and clarifying language related to temporary licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.15OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §72.15 (Temporary License) with non-substantive changes as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3974). The rule will be republished.As part of the Board’s comprehensive rule revision effort, the new rule removes unnecessary text and makes the Board’s licensing rules simpler and easier to navigate.SUMMARY OF CHANGES The new §72.15 makes it easier for an individual to apply for a temporary license. The new rule removes old language requiring the submission of a letter of good standing from the individual’s licensing jurisdiction and documentation from the individual’s employer or other person that the individual has been asked to temporarily perform services in Texas.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §72.15, removing the requirement that an applicant for temporary licensure submit a letter of good standing

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.15OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §72.15 (Temporary License) with non-substantive changes as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3974). The rule will be republished.As part of the Board’s comprehensive rule revision effort, the new rule removes unnecessary text and makes the Board’s licensing rules simpler and easier to navigate.SUMMARY OF CHANGES The new §72.15 makes it easier for an individual to apply for a temporary license. The new rule removes old language requiring the submission of a letter of good standing from the individual’s licensing jurisdiction and documentation from the individual’s employer or other person that the individual has been asked to temporarily perform services in Texas.

Texas Board of Chiropractic Examiners

Adopted Rules

Amending 22 TAC §78.14 to clarify requirements for obtaining an acupuncture permit

CHAPTER 78. SCOPE OF PRACTICE22 TAC §78.14OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts amended 22 TAC §78.14 (Acupuncture). The amended rule is adopted without changes to the proposed text as published in the June 19, 2020, issue of the Texas Register (45 TexReg 4134) and will not be republished.SUMMARY OF CHANGES The Board’s amendments to §78.14 clarify the conditions under which a licensed chiropractor may request a permit from the Board to practice acupuncture, specifically those chiropractors with extensive post-graduate training and experience who have already been safely practicing acupuncture for several years under the chiropractic scope of practice.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §79.1 (Unprofessional Conduct) as part of the Board’s comprehensive rule-revision effort

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.1The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §79.1 (Unprofessional Conduct) as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3983). The rule will not be republished.The Board will adopt a new §79.1 in a separate rulemaking. As part of the Board’s comprehensive rule revision effort, the purpose of the repeal is to make the Board’s disciplinary rules simpler and easier to navigate.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §79.1, clarifying rules on sexual misconduct

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.1OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §79.1 (Inappropriate Sexual Conduct), with non-substantive changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3983). The rule will be republished.As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to remove unnecessary text and to make the Board’s rules simpler and easier to navigate, and to clarify the defense to disciplinary action for a consensual relationship.SUMMARY OF CHANGESIn its modification of the former §79.1 (Unprofessional Conduct), the Board has removed the provisions about financial misconduct and moved those to a new §79.3 (Financial Misconduct), which will be adopted in a separate rulemaking action. The Board has renamed the new §79.1 to make clear the rule covers only sexual misconduct. The Board also makes clear in subsection (b) that it is a defense to disciplinary action if a consensual sexual relationship between a licensee, chiropractic college student, or recent graduate and an individual existed before the doctor-patient relationship began.The Board made two non-substantive changes to the rule as proposed. In subsection (a)(5), “request to date a patient” has been changed to “request to initiate an intimate relationship with a patient”. In subsection (a)(8), the word “inappropriately” has been inserted before the word “expose”.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §79.3, clarifying rules on financial misconduct

CHAPTER 79. UNPROFESSIONAL CONDUCT22 TAC §79.3OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §79.3 (Financial Misconduct) without changes to the rule text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3984). The rule will not be republished.As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to remove unnecessary text and to make the Board’s rules simpler and easier to navigate.SUMMARY OF CHANGES This new §79.3 contains provisions relating to financial misconduct that were in the former §79.1 (Unprofessional Conduct). The new §79.1 addresses sexual misconduct while the new §79.3 only contains prohibitions relating to financial matters.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §80.2 (Complaint Procedures) as part of the Board’s comprehensive rule-revision effort

CHAPTER 80. COMPLAINTS22 TAC §80.2The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §80.2 (Complaint Procedures) as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3985). The rule will not be republished.The Board will adopt a new §80.2 in a separate rulemaking. As part of the Board’s comprehensive rule revision effort, the purpose of the repeal is to make the Board’s rules relating to complaints simpler and easier to navigate.

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §80.2, clarifying the Board’s policy on informal complaint settlement

CHAPTER 80. COMPLAINTS22 TAC §80.2OEVRVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §80.2 (Complaint Procedures), without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3986). The rule will not be republished.As part of the Board’s comprehensive rule revision effort, the new rule will remove unnecessary text and make the Board’s rules simpler and easier to navigate.SUMMARY OF CHANGES This new §80.2 makes explicit that the Board will seek, if possible, to informally settle complaints without the need for an administrative hearing. In addition to adopting this new §80.2, the Board is also adopting a new §80.11, which moves the provisions about informal settlement conferences in the former §80.2 into a stand-alone rule.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §80.8 to remove the Board’s ability to take disciplinary action when a licensee defaults on student loans

CHAPTER 80. COMPLAINTS22 TAC §80.8The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §80.8 (Default on Student Loans), without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3987). The rule will not be republished.In 2019, the Texas Legislature repealed the requirement in Texas Occupations Code Chapter 56 that required state agencies take administrative action against licensees for being in default of student loans (Senate Bill 37, 86th Legislature, Regular Session) and prohibited agencies from doing so (Occupations Code §56.003). That legislative action made §80.8 void. This repeal removes invalid agency rules and brings the Board’s rules into compliance with Occupations Code §56.003. 

Texas Board of Chiropractic Examiners

Adopted Rules

New 22 TAC §80.11, clarifying procedure for informal settlement conferences

CHAPTER 80. COMPLAINTS22 TAC §80.11OVERVIEWThe Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §80.11 (Informal Settlement Conferences), without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3988). The rule will not be republished.As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to make the Board’s rules easier to navigate by separating language dealing with multiple subjects into individual rules. New §80.11 moves language relating to informal settlement conferences in the former §80.2 (Complaint Procedures) into a stand alone rule; a new §80.2 is being adopted in a separate rulemaking action.SUMMARY OF CHANGES The new §80.11 clarifies that informal settlement conferences may be held at the Enforcement Committee’s discretion if the committee believes the conference could settle a complaint without further administrative action. The rule also makes clear that a member of the committee who attends an informal conference that later results in a Proposal for Decision (PFD) after a hearing at the State Office of Administrative Hearings may not participate in any consideration or discussion of that PFD in a formal Board meeting.

Texas Board of Chiropractic Examiners

Adopted Rules

Repealing 22 TAC §82.4 to remove provisions which previously allowed the Board to accept private gifts and donations

CHAPTER 82. INTERNAL BOARD PROCEDURES22 TAC §82.4The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §82.4 (Private Donors), without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3989). The rule will not be republished.During a review of 22 TAC Chapter 82 (Internal Board Procedures) done under Texas Government Code §2001.039, the Board determined that it does not have the legal authority to accept gifts or donations as required by Government Code §575.003 (Acceptance of Gift by State Agency Governing Board), thus making §82.4 void. This repeal removes unnecessary agency rules and brings the Board into compliance with Government Code §575.003.

Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §281.65 to impose penalties for failure to access a patient’s PMP information before dispensing certain controlled substances

CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURESSUBCHAPTER C. DISCIPLINARY GUIDELINES22 TAC §281.65The Texas State Board of Pharmacy adopts amendments to §281.65, concerning Schedule of Administrative Penalties. These amendments are adopted without changes to the proposed text as published in the July 3, 2020, issue of the Texas Register (45 TexReg 4456). The rule will not be republished.The amendments add an administrative penalty for the violation of failing to access the Prescription Monitoring Program for a patient’s information before dispensing opioids, benzodiazepines, barbiturates, or carisoprodol, and update a citation reference.

Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §291.9 to remove outdated references to Class H pharmacies, which no longer exist

CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.9The Texas State Board of Pharmacy adopts amendments to §291.9, concerning Prescription Pick Up Locations. These amendments are adopted without changes to the proposed text as published in the July 3, 2020, issue of the Texas Register (45 TexReg 4458). The rule will not be republished.The amendments remove an outdated reference to Class H pharmacies, which no longer exist.

Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §291.121 to allow the use of automated pharmacy systems at certain facilities

CHAPTER 291. PHARMACIESSUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES22 TAC §291.121The Texas State Board of Pharmacy adopts amendments to §291.121, concerning Remote Pharmacy Services. These amendments are adopted without changes to the proposed text as published in the July 3, 2020, issue of the Texas Register (45 TexReg 4459). The rule will not be republished.The amendments allow remote pharmacies services to be provided using an automated pharmacy system to be provided at healthcare facilities regulated under Chapter 241 and remove the limitation that the services may only be provided to inpatients of the remote site.

Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §291.153 to update facility requirements for Class G pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER H. OTHER CLASSES OF PHARMACY22 TAC §291.153The Texas State Board of Pharmacy adopts amendments to §291.153, concerning Central Prescription Drug or Medication Order Processing Pharmacy (Class G). These amendments are adopted without changes to the proposed text as published in the July 3, 2020, issue of the Texas Register (45 TexReg 4471). The rule will not be republished.The amendments remove the requirement for a Class G pharmacy to have a sink exclusive of restroom facilities, and correct grammatical errors.

Texas State Board of Pharmacy

Notices

Following rule review, Board readopts 22 TAC Chapter 291(Class C Institutional Pharmacies) and Chapter 303 (Destruction of Drugs)

Title 22, Part 15The Texas State Board of Pharmacy adopts the review of Chapter 291, (§§291.71 – 291.77), concerning Pharmacies (Institutional Pharmacy (Class C)), Chapter 303, (§§303.1 – 303.3), concerning Destruction of Drugs, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the July 3, 2020, issue of the Texas Register (45 TexReg 4535). The agency finds the reason for adopting the rule continues to exist.

Texas State Board of Pharmacy

Adopted Rules

Amending 22 TAC §291.153 to update facility requirements for Class G pharmacies

CHAPTER 291. PHARMACIESSUBCHAPTER H. OTHER CLASSES OF PHARMACY22 TAC §291.153The Texas State Board of Pharmacy adopts amendments to §291.153, concerning Central Prescription Drug or Medication Order Processing Pharmacy (Class G). These amendments are adopted without changes to the proposed text as published in the July 3, 2020, issue of the Texas Register (45 TexReg 4471). The rule will not be republished.The amendments remove the requirement for a Class G pharmacy to have a sink exclusive of restroom facilities, and correct grammatical errors.

Texas State Board of Pharmacy

Notices

Following rule review, Board readopts 22 TAC Chapter 291(Class C Institutional Pharmacies) and Chapter 303 (Destruction of Drugs)

Title 22, Part 15The Texas State Board of Pharmacy adopts the review of Chapter 291, (§§291.71 – 291.77), concerning Pharmacies (Institutional Pharmacy (Class C)), Chapter 303, (§§303.1 – 303.3), concerning Destruction of Drugs, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the July 3, 2020, issue of the Texas Register (45 TexReg 4535). The agency finds the reason for adopting the rule continues to exist.

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