PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 3. MEMORANDUMS OF UNDERSTANDING WITH OTHER STATE AGENCIES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §3.31, concerning Memorandum of Understanding between the Texas Department of Criminal Justice, Texas Commission for the Blind, Texas Commission for the Deaf and Hard of Hearing, Texas Rehabilitation Commission, Texas Department of Human Services, and the Texas Department of Health; and §3.41, concerning Memorandum of Understanding Concerning Special Education Services to Students with Disabilities in Residential Facilities. The repeal of §3.31 and §3.41 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2925), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §3.31 and §3.41, from the Texas Administrative Code pursuant to Senate Bill 219, 84th Legislature, Regular Session, 2015.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS received one comment regarding the proposed repeal of §3.31 from one individual commenter. A summary of the comment relating to §3.31 and DSHS' response follows.
Comment:
One commenter objected to the repeal of 25 TAC §3.31 and disagreed that the rule is no longer necessary. The commenter stated that a memorandum of understanding (MOU) is needed between HHSC, Texas Department of Criminal Justice (TDCJ), and other state agencies to provide protections for inmates who are either deaf or hard of hearing.
Response:
DSHS declines to withdraw the repeal of §3.31. Texas Health and Safety Code §614.015(a) establishes the MOU between TDCJ and the Executive Commissioner with other state agencies. The Executive Commissioner may sign a MOU on behalf of DSHS. The statute does not require the other agencies to adopt rules.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403424
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §4.1, concerning Contract Protests; §4.11, concerning Purpose; §4.12, concerning Applicability; §4.13, concerning Definitions; §4.14, concerning Prerequisites to Suit; §4.15, concerning Notice of Claim of Breach of Contract; §4.16, concerning Agency Counterclaim; §4.17, concerning Request for Voluntary Disclosure of Additional Information; §4.18, concerning Timetable for Negotiation and Mediation; §4.19, concerning Conduct of Negotiation; §4.20, concerning Settlement Approval Procedures for Negotiation; §4.21, concerning Negotiated Settlement Agreement; §4.22, concerning Costs of Negotiation; §4.23, concerning Request for Contested Case Hearing; and §4.24, concerning Mediation. The repeal of §4.1 and §§4.11 - 4.24 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2926), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §4.1 and §§4.11 - 4.24, from the Texas Administrative Code pursuant to Senate Bill 200, 84th Legislature, Regular Session, 2015.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §4.1 and §§4.11 - 4.24.
SUBCHAPTER A. PROTEST PROCEDURES FOR CERTAIN DSHS PURCHASES
STATUTORY AUTHORITY
The repeal is adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403425
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403426
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
SUBCHAPTER B. DIABETIC EYE DISEASE DETECTION INITIATIVE
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §61.21, concerning General Information; §61.22, concerning Client Eligibility; §61.23, concerning Program Benefits; and §61.24, concerning Payment for Services. The repeal of §§61.21 - 61.24 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2927), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §§61.21 - 61.24, from the Texas Administrative Code. The Diabetic Eye Disease Detection Initiative has been inactive since 2011 and DSHS does not intend to reactivate the initiative.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §§61.21 - 61.24.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403427
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §111.2, concerning Memorandum of Understanding Concerning Hospitals and Long-Term Care Facilities and §111.3, concerning Reporting Obligation by the Department of Agency Regulatory Survey Information. The repeal of §111.2 and §111.3 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2928), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §111.2 and §111.3, from the Texas Administrative Code pursuant to Senate Bill 200, 84th Legislature, Regular Session, 2015.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §111.2 and §111.3.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403428
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §113.1, concerning Processing Permits for Special Health Services Professionals and §113.2, concerning Time Periods for Processing and Issuing Licenses for Health Care Providers. The repeal of §113.1 and §113.2 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2929), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §113.1 and §113.2, from the Texas Administrative Code pursuant to Senate Bill 202, 84th Legislature, Regular Session, 2015, which transferred this program to HHSC.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §113.1 and §113.2.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403429
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §127.1, concerning Request for Placement of an Occupation on the Registry; §127.2, concerning Approved Occupations; §127.3, concerning Application and Approval of an Individual's Placement on a Registry; and §127.4, concerning Fees. The repeal of §§127.1 - 127.4 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2930), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §§127.1 - 127.4, from the Texas Administrative Code pursuant to Senate Bill 970, 87th Legislature, Regular Session, 2021.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §§127.1 - 127.4.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403431
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §140.30, concerning Introduction; §140.31, concerning Definitions; §140.32, concerning Fees; §140.33, concerning Petition for Rulemaking; §140.34, concerning Application Requirements and Procedures; §140.35, concerning Requirement for Insurance; §140.36, concerning Application Processing; §140.37, concerning Categories of Licensure and Registration; §140.38, concerning Renewal of License or Registration; §140.39, concerning Changes of Name or Address; §140.40, concerning Standards of Conduct for PERS Providers; §140.41, concerning Consumer Information; §140.42, concerning Filing Complaints and Complaint Investigations; §140.43, concerning Grounds for Disciplinary Action; §140.44, concerning Informal Disposition; §140.45, concerning Formal Hearings; §140.46, concerning Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions; §140.47, concerning Immediate Suspension for Failure to Maintain Insurance Coverage; §140.48, concerning Registration of Military Service Members, Military Veterans, and Military Spouses; §140.250, concerning Introduction; §140.251, concerning Definitions; §140.252, concerning Fees; §140.253, concerning Petition for Rulemaking; §140.254, concerning Sale or Delivery of Contact Lenses and Prescription Verification; §140.255, concerning Display of Permit; §140.256, concerning Application Requirements and Procedures; §140.257, concerning Application Processing; §140.258, concerning Renewal of Permit; §140.259, concerning Changes of Name or Address; §140.260, concerning Filing Complaints and Complaint Investigations; §140.261, concerning Grounds for Disciplinary Actions; §140.262, concerning Informal Disposition; §140.263, concerning Formal Hearings; §140.264, concerning Guidelines for Issuing Permits to Persons with Criminal Convictions; §140.265, concerning Permitting of Military Service Members, Military Veterans, and Military Spouses; §140.275, concerning Purpose and Construction; §140.276, concerning Definitions; §140.277, concerning Fees; §140.278, concerning Application Procedures and Requirements for Registration; §140.279, concerning Issuance of Certificate of Registration; §140.280, concerning Renewal of Registration; §140.281, concerning Requirements for Continuing Education; §140.282, concerning Change of Name or Address; §140.283, concerning Violations, Complaints, Investigation of Complaints, and Disciplinary Actions; §140.284, concerning Registration of Applicants with Criminal Backgrounds; §140.285, concerning Professional and Ethical Standards; §140.286, concerning Request for Criminal History Evaluation Letter; and, §140.287, concerning Registration of Military Service Members, Military Veterans, and Military Spouses. The repeal of §§140.30 - 140.48, 140.250 - 140.265, and 140.275 - 140.287 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2935), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §§140.30 - 140.48, §§140.250 - 140.265, and §§140.275 - 140.287, from the Texas Administrative Code. Senate Bill (S.B.) 202, 84th Legislature, Regular Session, 2015, repealed the regulation of these health professions.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §§140.30 - 140.48, 140.250 - 140.265, and 140.275 - 140.287.
SUBCHAPTER B. PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403433
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403434
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403435
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
SUBCHAPTER A. BEDDING RULES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §205.1, concerning Purpose and Scope; §205.2, concerning Definitions; §205.3, concerning General Requirements; §205.4, concerning Labeling Requirements; §205.5, concerning Definitions and Designations of Filling Materials; §205.6, concerning Adjunctive Terms; §205.7, concerning Suggested Terminology for Various Fiber By-Products; §205.8, concerning Germicidal Treatment Requirements; Methods; §205.9, concerning Sanitary Premises; §205.10, concerning Adjustments to the Minimum Requirements; §205.11, concerning Permit Requirements; Types; Application; Conditions; Suspension; §205.12, concerning Administrative Penalty; §205.13, concerning Detained or Embargoed Bedding; §205.14, concerning Removal Order for Detained or Embargoed Bedding; §205.15, concerning Condemnation; §205.16, concerning Recall Orders; and §205.17, concerning Inspection. The repeal of §§205.1 - 205.17 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2938), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §§205.1 - 205.17, from the Texas Administrative Code pursuant to Senate Bill 202, 84th Legislature, Regular Session, 2015.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §§205.1 - 205.17.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403436
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683
SUBCHAPTER A. GOVERNMENT BUILDINGS
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the repeal of §297.1, concerning General Provisions; §297.2, concerning Definitions; §297.3, concerning Recommendations for Implementing a Governmental Building IAQ Program; §297.4, concerning Design/Construction/Renovation; §297.5, concerning Building Operation and Maintenance Guidelines; §297.6, concerning Recommended Building Occupant Responsibilities; §297.7, concerning Assessing and Resolving IAQ Problems; §297.8, concerning Guidelines for Comfort and Minimum Risk Levels; §297.9, concerning Lease Agreements; and §297.10, concerning Special Considerations. The repeal of §§297.1 - 297.10 is adopted without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2939), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the repeal is to remove unnecessary rules, §§297.1 - 297.10, from the Texas Administrative Code pursuant to Senate Bill 202, 84th Legislature, Regular Session, 2015.
COMMENTS
The 31-day comment period ended June 3, 2024.
During this period, DSHS did not receive any comments regarding the proposed repeal of §§297.1 - 297.10.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2024.
TRD-202403437
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 18, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 776-6683