Texas Register September 6, 2019 Volume: 44 Number: 36

Texas Health and Human Services Commission

 

Proposed Rules

Proposes new §351.3, concerning Recognition of Out-of-State License of Military Spouse

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICESSUBCHAPTER A. GENERAL PROVISIONS1 TAC §351.3The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §351.3, concerning Recognition of Out-of-State License of Military Spouse.BACKGROUND AND PURPOSEThe proposal is necessary to comply with Senate Bill (S.B.) 1200, 86th Legislature, Regular Session, 2019, which requires the adoption of rules to implement the legislation.S.B. 1200 amended Texas Occupations Code, Chapter 55, by adding §55.0041, to authorize certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas. The proposed rule requires the military spouse to be currently licensed and in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state. State agencies are directed to adopt rules not later than December 1, 2019.

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Texas Medical Board

Proposed Rules

Proposes new rule §160.31 concerning Exemption from Licensure for Certain Military Spouses for medical physicists

CHAPTER 160. MEDICAL PHYSICISTS22 TAC §160.31The Texas Medical Board (Board) proposes new rule §160.31 concerning Exemption from Licensure for Certain Military Spouses for medical physicists.The proposed new rule is mandated by the passage of SB 1200 (86th Regular Legislative Session) and relates to exemption from licensure for certain military spouses.New rule §160.31, Exemption from Licensure for Certain Military Spouses regarding medical physicists, allows qualified military spouses to practice medical physics without obtaining a medical physicist license during the time the military service member to whom the military spouse is married is stationed at a military installation in Texas. The exemption cannot exceed three years, and practice must be authorized by the Board after verifying that the military spouse holds an active license in good standing in another state with substantially equivalent requirements for licensure as Texas. 

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Texas Medical Board

Proposed Rules

Proposes new rule §163.3, concerning Exemption from Licensure for Certain Military Spouses, for physicians

CHAPTER 163. LICENSURE22 TAC §163.3The Texas Medical Board (Board) proposes new rule §163.3, concerning Exemption from Licensure for Certain Military Spouses, for physicians.The proposed new rule is mandated by the passage of SB 1200 (86th Regular Legislative Session) and relates to exemption from licensure for certain military spouses who are physicians.New rule §163.3. Exemption from Licensure for Certain Military Spouses regarding Physicians, allows qualified military spouses to practice medicine without obtaining a license during the time the military service member to whom the military spouse is married is stationed at a military installation in Texas. The exemption cannot exceed three years, and practice must be authorized by the Board after verifying that the military spouse holds an active license in good standing in another state with substantially equivalent requirements for licensure as Texas.

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Texas Medical Board

Proposed Rules

Proposes an amendment to 22 TAC §165.1, relating to Medical Records

CHAPTER 165. MEDICAL RECORDS22 TAC §165.1The Texas Medical Board (Board) proposes an amendment to 22 TAC §165.1, relating to Medical Records.The amendment to §165.1 adds a requirement that physicians must retain forensic medical examination records of a sexual assault victim for 20 years from the date of examination. This change is in accordance with and pursuant to the passage of HB531 (86th Reg. Session) which amended Section 153.003 of the Texas Occupations Code.

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Texas Medical Board

Proposed Rules

Proposes new rule 183.27, concerning Exemption from Licensure for Certain Military Spouses, for acupuncturists

CHAPTER 183. ACUPUNCTURE22 TAC §183.27The Texas Medical Board (Board) proposes new rule 183.27, concerning Exemption from Licensure for Certain Military Spouses, for acupuncturists.The proposed new rule is mandated by the passage of SB 1200 (86th Regular Legislative Session) and relates to exemption from licensure for certain military spouses.New rule §183.27, Exemption from Licensure for Certain Military Spouses regarding acupuncturists, allows qualified military spouses to practice acupuncture without obtaining a license during the time the military service member to whom the military spouse is married is stationed at a military installation in Texas. The exemption cannot exceed three years, and practice must be authorized by the Board after verifying that the military spouse holds an active license in good standing in another state with substantially equivalent requirements for licensure as Texas.

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Texas Medical Board

Proposed Rules

Proposes new rule §185.33, concerning Exemption from Licensure for Certain Military Spouses, for physician assistants

CHAPTER 185. PHYSICIAN ASSISTANTS22 TAC §185.33The Texas Medical Board (Board) proposes new rule §185.33, concerning Exemption from Licensure for Certain Military Spouses, for physician assistants.The proposed new rule is mandated by the passage of SB 1200 (86th Regular Legislative Session) and relates to exemption from licensure for certain military spouses.New rule §185.33, Exemption from Licensure for Certain Military Spouses, allows qualified military spouses to practice as a physician assistant without obtaining a license during the time the military service member to whom the military spouse is married is stationed at a military installation in Texas. The exemption cannot exceed three years, and practice must be authorized by the Board after verifying that the military spouse holds an active license in good standing in another state with substantially equivalent requirements for licensure as Texas.

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Texas Medical Board

Proposed Rules

Proposes new rule §186.30 concerning Exemption from Licensure for Certain Military Spouses for respiratory care practitioners

CHAPTER 186. RESPIRATORY CARE PRACTITIONERS22 TAC §186.30The Texas Medical Board (Board) proposes new rule §186.30 concerning Exemption from Licensure for Certain Military Spouses for respiratory care practitioners.The proposed new rule is mandated by the passage of SB 1200 (86th Regular Legislative Session) and relates to exemption from licensure for certain military spouses.New rule §186.30, Exemption from Licensure for Certain Military Spouses regarding respiratory care practitioners, allows qualified military spouses to practice as a respiratory care practitioner without obtaining a license during the time the military service member to whom the military spouse is married is stationed at a military installation in Texas. The exemption cannot exceed three years, and practice must be authorized by the Board after verifying that the military spouse holds an active license in good standing in another state with substantially equivalent requirements for licensure as Texas.

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Texas Medical Board

Proposed Rules

Proposes new rule §188.30 concerning Exemption from Licensure for Certain Military Spouses for perfusionists

CHAPTER 188. PERFUSIONISTS22 TAC §188.30The Texas Medical Board (Board) proposes new rule §188.30 concerning Exemption from Licensure for Certain Military Spouses for perfusionists.The proposed new rule is mandated by the passage of SB 1200 (86th Regular Legislative Session) and relates to exemption from licensure for certain military spouses.New rule §188.30, Exemption from Licensure for Certain Military Spouses regarding perfusionists, allows qualified military spouses to practice as a perfusionist without obtaining a license during the time the military service member to whom the military spouse is married is stationed at a military installation in Texas. The exemption cannot exceed three years, and practice must be authorized by the Board after verifying that the military spouse holds an active license in good standing in another state with substantially equivalent requirements for licensure as Texas.

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Texas Medical Board

Proposed Rules

Amendments proposed to Chapter 194 setting forth certification process and requirements related to a new radiologist assistant certificate type; repealing language mandating the denial of an application for renewal of a certificate or NCT registration upon notice of a Texas Guaranteed Student Loan Corporation guaranteed student loan; deleting references to the NCT “general” registry, etc.

CHAPTER 194. MEDICAL RADIOLOGIC TECHNOLOGYSUBCHAPTER A. CERTIFICATE HOLDERS, NON-CERTIFIED TECHNICIANS, AND OTHER AUTHORIZED INDIVIDUALS OR ENTITIES22 TAC §§194.2, 194.6, 194.7, 194.10, 194.21The Texas Medical Board (Board) proposes amendments to Chapter 194, Medical Radiologic Technology, 22 TAC §§194.2, 194.6, 194.7, 194.10, and 194.21.Amendments are proposed to Chapter 194 setting forth certification process and requirements related to a new radiologist assistant certificate type, in accordance with House Bill 1504 (86th Regular Session); repealing language mandating the denial of an application for renewal of a certificate or NCT registration upon notice of a Texas Guaranteed Student Loan Corporation guaranteed student loan, in accordance with Senate Bill 37 (86th Regular Session); deleting references to the NCT “general” registry, a distinction no longer required after the passage of SB 674 (85th Regular Session); and making minor wording and reformatting changes. Specifically:Section 194.2, relating to Definitions, is amended with new definitions for “Certification Board for Radiology Practitioner Assistants”, “radiologist”, and “radiologist assistant.”Section 194.6, relating to Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board’s Non-Certified Technician General Registry, contains proposed new language establishing eligibility requirements that must be met in order for an applicant to obtain a temporary or regular radiologist assistant certificate, pursuant to HB 1504. Other proposed amendments delete references to the NCT “general” registry, a distinction no longer required after the passage of SB 674 (85th Regular Session), which eliminated the NCT secondary registry with the Texas Medical Board. Finally, proposed amendments represent changes necessitated by the new language to maintain consistency and clarity throughout the section.Section 194.7, relating to Biennial Renewal of Certificate or Placement on the Board’s General Registry for Non-Certified Technicians Generally, contains proposed new language establishing continuing education requirements that must be met in order for a radiologist assistant certificate holder to renew a certificate, in accordance with HB 1504.Proposed amendments are further added to clarify that certificate holders and NCTs are required to “complete activities” meeting the RCEEM or RCEEM+ designation, as opposed to “attendance and participation in formal activities”, reflecting that web-based courses are formats that comply with the continuing education requirements.Language mandating the denial of an application for renewal of a certificate or NCT registration upon notice of a Texas Guaranteed Student Loan Corporation guaranteed student loan is proposed for repeal, in accordance with SB 37 (86th Regular Session).Other proposed amendments delete references to the NCT “general” registry, a distinction no longer required after the passage of SB 674 (85th Regular Session), which eliminated the NCT secondary registry with the Texas Medical Board. Remaining amendments represent changes necessitated by the new language related to radiologist assistant certificates, to maintain consistency and clarity throughout the section.Section 194.10, relating to Retired Certificate or NCT General Registration Permit, is amended so that references to the NCT “general” registry are eliminated throughout, a distinction no longer required after the passage of SB 674 (85th Regular Session). Language is added with a reference to the Certification Board for Radiology Practitioner Assistants (CBRPA) related to possible certification renewal requirements for a radiologist assistant with a retired certificate, who desires to return to active practice and who had initially obtained eligibility for a Texas certificate through CBRPA national certification. The proposed language reflects the new radiologist assistant eligibility requirements established by HB 1504 (86th Regular Session).Section 194.21, relating to Scope of Practice, includes proposed changes to more precisely outline the allowed scope of practice for an individual holding a limited certificate.

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Texas Medical Board

Proposed Rules

Proposes new rule §194.34, concerning Exemption from Licensure for Certain Military Spouses for Medical Radiologic Technologists

22 TAC §194.34The Texas Medical Board (Board) proposes new rule §194.34, concerning Exemption from Licensure for Certain Military Spouses for Medical Radiologic Technologists.The proposed new rule is mandated by the passage of SB 1200 (86th Regular Legislative Session) and relates to exemption from licensure for certain military spouses.New rule §194.34, Exemption from Licensure for Certain Military Spouses (regarding Medical Radiologic Technologists), allows qualified military spouses to practice medical radiological technology without obtaining a license during the time the military service member to whom the military spouse is married is stationed at a military installation in Texas. The exemption cannot exceed three years, and practice must be authorized by the Board after verifying that the military spouse holds an active license in good standing in another state with substantially equivalent requirements for licensure as Texas.

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Texas Board of Physical Therapy Examiners

Proposed Rules

Proposes amending 22 TAC §322.1 to allow a physical therapist to treat a patient without a referral from a qualified healthcare practitioner

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CHAPTER 322. PRACTICE22 TAC §322.1The Texas Board of Physical Therapy Examiners proposes amending 22 TAC §322.1, Provision of Services, pursuant to HB 29 amendments to Sec. 453.301, Occupations Code during the 86th Legislative Session.The amendments are proposed in order to delineate the qualifications beyond licensure, additional requirements, and limitations for a physical therapist to treat a patient without a referral from a qualified healthcare practitioner.
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Texas Board of Physical Therapy Examiners

Proposed Rules

Proposed amendment to authorize a military spouse to engage in the practice of physical therapy without obtaining a license

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CHAPTER 329. LICENSING PROCEDURE22 TAC §329.6, §329.7The Texas Board of Physical Therapy Examiners proposes amending §329.6, Licensure by Endorsement, and §329.7, Exemptions from Licensure, pursuant to SB 1200 addition of Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF MILITARY SPOUSE to Chapter 55, Occupations Code during the 86th Legislative Session.The amendment is proposed in order to authorize a military spouse to engage in the practice of physical therapy without obtaining a license as a physical therapist or physical therapist assistant if the spouse is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the licensure in this state and the military service member to whom the military spouse is married is stationed at a military installation in this state.The amendments clarify that a military spouse may qualify to practice under the exemptions set forth in §329.7, Exemptions from Licensure, and may qualify, along with veterans, for a Compact privilege to practice in this state. The reporting requirements for both the military spouse and the agency and the time limit for authorization are delineated. Additionally, the method for determining substantial equivalent licensing requirements and verification of licensure in another jurisdiction are identified. The requirements for the licensee to provide a list of the jurisdictions in which a license is or has been held, and for the licensee to comply with the laws and regulations of physical therapy are added to apply to all categories of licensure exemption in this section.
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Texas Board of Occupational Therapy Examiners

Proposed Rules

Proposed amendment to eliminate default on a student loan as a restriction for obtaining, renewing, or restoring a physical therapy license

CHAPTER 341. LICENSE RENEWAL22 TAC §341.7The Texas Board of Physical Therapy Examiners proposes amending §341.7, Restrictions on License Renewal and Restoration, pursuant to SB 37 amendments to CHAPTER 56. ACTION AGAINST RECIPIENTS OF STUDENT FINANCIAL ASSISTANCE, Occupations Code during the 86th Legislative Session.The amendment is proposed in order to eliminate default on a student loan as a restriction for obtaining, renewing, or restoring a physical therapy license.

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Texas Board of Occupational Therapy Examiners

Adopted Rules

Proposes new rule §364.5, concerning recognition of out-of-state license of military spouse

CHAPTER 364. REQUIREMENTS FOR LICENSURE40 TAC §364.5The Texas Board of Occupational Therapy Examiners proposes new rule §364.5, concerning recognition of out-of-state license of military spouse. The new rule is proposed to add provisions to the Occupational Therapy Rules concerning the recognition of out-of-state licenses of military spouses as required by SB 1200 of the 86th Regular Legislative Session.New rule §364.5 would add to the Occupational Therapy Rules provisions concerning the information a military spouse seeking recognition of the out-of-state license must submit to the Board and the conditions under which the military spouse may practice in the state once the individual has received confirmation from the Board that the military spouse is authorized to engage in the practice of occupational therapy. The proposal includes further provisions pursuant to SB 1200.

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Texas Board of Occupational Therapy Examiners

Adopted Rules

Proposes amendments to §370.1, to remove language concerning restrictions to renewal for a licensee in default of a student loan

CHAPTER 370. LICENSE RENEWAL40 TAC §370.1The Texas Board of Occupational Therapy Examiners proposes amendments to §370.1, concerning license renewal. The amendments are proposed to remove language concerning restrictions to renewal for a licensee in default of a student loan pursuant to SB 37 of the 86th Regular Legislative Session and to cleanup and clarify provisions in the section.The proposal includes amendments to reflect law changes made by SB 37, relating to a prohibition on the use of student loan default or breach of a student loan repayment as a ground for refusal to renew a license. Related changes to §370.1 are proposed to remove from the section a provision restricting the renewal of a license for an individual who has defaulted with the Texas Guaranteed Student Loan Corporation.Additional amendments are proposed as cleanups and clarifications. An amendment is proposed to strike a reference in the section to the number of continuing education hours required per renewal period and to replace such with language referencing continuing education requirements as per Chapter 367, concerning Continuing Education, as adopted amendments to that chapter changed the number of required hours from thirty to twenty-four hours. Additional amendments are proposed to remove a redundant reference to the address of record, as language concerning such is already located elsewhere in the Occupational Therapy Rules, and to clarify a provision regarding a restriction on renewal for certain child support issues, including to add a reference to related statutory language in Texas Family Code.

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State Board of Dental Examiners

Adopted Rules

Adopts an amendment to 22 TAC §102.1, concerning fees

CHAPTER 102. FEES22 TAC §102.1The State Board of Dental Examiners (Board) adopts an amendment to 22 TAC §102.1, concerning fees. This amendment to the existing rule will clarify the biennial nature of renewals for several license/registration types, establish a standalone nitrous oxide monitoring category for dental assistants pursuant to 22 TAC §114.4, and enable the Board to assess appropriate fees in a responsive manner for the prescription monitoring program, Texas.gov internet portal, and query and monitoring of practitioners through the National Practitioner Data Bank. This amendment is adopted with no changes to the proposed text as published in the July 19, 2019, issue of the Texas Register (44 TexReg 3603), and will not be republished.

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State Board of Dental Examiners

Adopted Rules

Adopts an amendment to 22 TAC §104.2, to clarify the process for addition or removal of approved providers from the Board’s list of providers of continuing education

CHAPTER 104. CONTINUING EDUCATION22 TAC §104.2The State Board of Dental Examiners (Board) adopts an amendment to 22 TAC §104.2, concerning providers of continuing education. This amendment will clarify the process for addition or removal of approved providers from the Board’s list, and will establish criteria for the Board or a committee of the Board to apply when considering addition, removal, or classification of providers. This amendment is adopted with no changes to the proposed text as published in the July 19, 2019, issue of the Texas Register (44 TexReg 3604), and will not be republished.

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Texas Medical Board

Adopted Rules

Adopts amendments to §165.5, concerning Transfer and Disposal of Medical Records

CHAPTER 165. MEDICAL RECORDS22 TAC §165.5The Texas Medical Board (Board) adopts amendments to §165.5, concerning Transfer and Disposal of Medical Records with non-substantive changes, described below, to the proposed text as published in the July 5, 2019, issue of the Texas Register (44 TexReg 3424).The amendments to §165.5 update and modernize the notice requirements when a physician leaves from or relocates a practice by giving physicians options as to methods of patient notification. Specifically, in subsection (b)(2), additional language is added to allow notices to be posted on the physician’s website and for the use of electronic communications to notify patients. In subsection (f), the amendments provide exceptions from notice provisions for certain types of medical providers.These adopted amendments to §165.5 help modernize the existing rule and allow physicians various mechanisms to notify patients, which promotes continuity of care, and eliminates the notice requirement for certain physicians. 

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Texas Medical Board

Adopted Rules

Repeals §193.8, concerning Prescriptive Authority Agreements: Minimum Requirements

CHAPTER 193. STANDING DELEGATION ORDERS22 TAC §193.8The Texas Medical Board approves the adoption of the repeal of §193.8, concerning Prescriptive Authority Agreements: Minimum Requirements. The repealed rule is being adopted as published in the July 5, 2019, issue of the Texas Register (44 TexReg 3426). The repealed rule is not being republished.

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Texas Medical Board

Adopted Rules

Amends §193.17, concerning Nonsurgical Medical Cosmetic Procedures

22 TAC §193.17The Texas Medical Board (Board) adopts amendments to §193.17, concerning Nonsurgical Medical Cosmetic Procedures. The amendments to §193.17 are being adopted without changes to the proposed text as published in the July 5, 2019, issue of the Texas Register (44 TexReg 3427). The adopted amendments will not be republished.The amendments require posting of notice to patients of the identity and license number of the physician supervisor at a facility providing nonsurgical cosmetic procedures. It also requires posting of notice of how and where to file a complaint against a physician or physician assistant involved at these facilities. The rule enhances patient safety and awareness through increased transparency and accountability of the medical professionals involved in these types of medical procedures and facilities.

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Texas State Board of Pharmacy

Adopted Rules

Adopts a new rule §281.14, concerning Vendor Protest Procedure

CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURESSUBCHAPTER A. GENERAL PROVISIONS22 TAC §281.14The Texas State Board of Pharmacy adopts a new rule §281.14, concerning Vendor Protest Procedures. The new rule is adopted without changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3216). The rule will not be republished.The new rule establishes policy and procedures for resolving vendor protests relating to purchasing issues, as required by section 2155.076 of the Government Code.

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Texas State Board of Pharmacy

Adopted Rules

Repeals §281.15, concerning Vehicle Inscription Information

22 TAC §281.15The Texas State Board of Pharmacy repeals §281.15, concerning Vehicle Inscription Information. The rule is repealed without changes to the text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3218) and the rules will not be republished.The repeal of §281.15 provides for a more organized subchapter by moving the language from the previous §281.15 to an amended §281.19, allowing the agency to adopt a new §281.15, concerning Negotiated Rulemaking.

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Texas State Board of Pharmacy

Adopted Rules

Adopts new rule §281.15, concerning Negotiated Rulemaking

22 TAC §281.15The Texas State Board of Pharmacy adopts new rule §281.15, concerning Negotiated Rulemaking. The new rule is adopted without changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3218).The new rule establishes policy and procedures for the use of negotiated rulemaking for the adoption of board rules in appropriate situations, as required by section 554.0011 of the Pharmacy Act.

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Texas State Board of Pharmacy

Adopted Rules

Adopts new rule §281.16, concerning Alternative Dispute Resolution

22 TAC §281.16The Texas State Board of Pharmacy adopts new rule §281.16, concerning Alternative Dispute Resolution. The new rule is adopted without changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3219).The new rule establishes policy and procedures for the use of alternative dispute resolution to resolve internal and external disputes, as required by section 554.0011 of the Pharmacy Act.

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Texas State Board of Pharmacy

Adopted Rules

Adopts amendments to §281.19, concerning Restrictions on Assignment of Vehicles

22 TAC §281.19The Texas State Board of Pharmacy adopts amendments to §281.19, concerning Restrictions on Assignment of Vehicles. These amendments are adopted with changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3220). The Board corrected the agency that vehicles may be registered to under §554.009 to be the Texas Department of Motor Vehicles.The amendments, if adopted, update the section title, add updated vehicle inscription information (formerly located in §281.15), and remove outdated references to an agency pool car.

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Texas State Board of Pharmacy

Adopted Rules

Adopts amendments to §283.11, concerning Examination Retake Requirements

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.11The Texas State Board of Pharmacy adopts amendments to §283.11, concerning Examination Retake Requirements. These amendments are adopted without changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3221).The amendments update the examination retake requirements and remove outdated references to an examination retake committee.

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Texas State Board of Pharmacy

Adopted Rules

Adopts amendments to §291.6, concerning Pharmacy License Fees

CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.6The Texas State Board of Pharmacy adopts amendments to §291.6, concerning Pharmacy License Fees. These amendments are adopted with changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3222). The Board adjusted the amount of the fees based on updated information.The amendments increase pharmacy license fees based on expected expenses.

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Texas State Board of Pharmacy

Adopted Rules

Adopts amendments to §295.5, concerning Pharmacist License or Renewal Fees

CHAPTER 295. PHARMACISTS22 TAC §295.5The Texas State Board of Pharmacy adopts amendments to §295.5, concerning Pharmacist License or Renewal Fees. These amendments are adopted with changes to the proposed text as published in the July 5, 2019, issue of the Texas Register (44 TexReg 3429). The Board adjusted the amount of the fees based on updated information.The amendments increase pharmacist license fees based on expected expenses.

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Texas State Board of Pharmacy

Adopted Rules

Adopts amendments to §295.8, concerning Continuing Education Requirements

22 TAC §295.8The Texas State Board of Pharmacy adopts amendments to §295.8, concerning Continuing Education Requirements. These amendments are adopted without changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3223).The amendments clarify the definition of initial license period, remove an outdated reference to the Commission for Certification in Geriatric Pharmacy, and correct grammatical errors.

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Texas State Board of Pharmacy

Notices

Adopted rule review

Title 22, Part 15The Texas State Board of Pharmacy adopts the review of Chapter 291, (§§291.1 – 291.3, 291.5 – 291.11, 291.14 – 291.19, 291.22 – 291.24, 291.27 – 291.29), concerning Pharmacies (All Classes of Pharmacies, Chapter 291, (§§291.91 – 291.94), concerning Pharmacies (Clinic Pharmacy (Class D)), Chapter 291, (§§291.101 – 291.106), concerning Pharmacies (Non-Resident Pharmacy (Class E)), and Chapter 295, (§§295.1 – 295.9, 295.11 – 295.16), concerning Pharmacists, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the June 28, 2019, issue of the Texas Register (44 TexReg 3303). 

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Texas Health and Human Services Commission

Notices

Public Notice – Maximum Fees Allowed for Providing Health Care Information

Public Notice – Maximum Fees Allowed for Providing Health Care Information – Effective September 1, 2019The Health and Human Services Commission licenses and regulates the operation of general and special hospitals in accordance with Chapter 241 of the Texas Health and Safety Code. In 1995, the Texas Legislature amended this law to address the release and confidentiality of health care information. In 2009, the Texas Legislature amended the statute again to change the definition of health care information and to add a category of fees for records provided on digital or other electronic media and delivered electronically.In accordance with Health and Safety Code, §241.154(e), the fee effective as of September 1, 2018, for providing a patient’s health care information has been increased by 1.4% to reflect the most recent changes to the consumer price index that measures the average changes in prices of goods and services purchased by urban wage earners and clerical workers as published by the Bureau of Labor Statistics of the United States Department of Labor.This information is provided only as a courtesy to licensed hospitals. Hospitals are responsible for verifying that fees for health care information are charged in accordance with Health and Safety Code, Chapters 241, 311, and 324.

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Texas Department of State Health Services

Notices

Notice of Public Hearing – Implementation of House Bill 3703 Proposed New Rule Relating to Designating Incurable Neurodegenerative Diseases

Notice of Public Hearing – Implementation of House Bill 3703 Proposed New Rule Relating to Designating Incurable Neurodegenerative DiseasesThe Department of State Health Services (DSHS) will hold a public hearing to accept public comments on the proposed new rule to implement House Bill 3703, 86th Legislature, Regular Session, 2019, which amended Texas Occupations Code, Chapter 169, relating to designating incurable neurodegenerative diseases.The public hearing will be conducted from 1:00 p.m. to 3:00 p.m. on September 11, 2019, at the Department of State Health Services, 1100 West 49th Street, Moreton Building, Room M-100, Austin, Texas 78756. If the time allotted does not accommodate the number of persons who register to speak on or before 3:00 p.m., DSHS will extend the public hearing to accommodate those registrants, however, that extension will only be until 5:00 p.m. on that date.The public hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the public hearing. Comment time for each individual will be determined by the total number of persons registered to speak in the time allotted. If time permits, comments will be limited to three minutes per speaker but may be further limited by DSHS if more registrants need to be accommodated.For additional information, contact Raiza Ruiz, P.O. Box 149347 (Mail Code 1965), Austin, Texas 78714-9347, (512) 776-3829 or raiza.ruiz@dshs.texas.gov.This hearing is open to the public. No reservations are required and there is no cost to attend this hearing.Persons with disabilities who plan to attend this meeting and require auxiliary aids or services are asked to contact Carolyn Barrett at (512) 776-7688 or Carolyn.pittman@dshs.texas.gov, 72 hours prior to the meeting so that appropriate arrangements may be made.

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