PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER L. MEDICAL ADVISORY BOARD
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 §1.151, concerning Definitions, and §1.152, concerning Operation of the Medical Advisory Board (MAB); and new §1.151, concerning Definitions, and §1.152, concerning Operation of the Medical Advisory Board (MAB).
The repeal of and new §1.151 and §1.152 are adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8672). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adoption updates the definitions, content, and processes of the Medical Advisory Board (MAB) and clarifies compensation for MAB members. The repeal of and new §1.151 and §1.152 comply with changes to Texas Health and Safety Code §§12.091 - 12.098, Texas Transportation Code §521.294, and 37 Texas Administrative Code §15.58; and reflect updates to MAB membership, operations, requirements, medical packet contents, and confidentiality provisions.
COMMENTS
The 31-day comment period ended December 2, 2024. During this period, DSHS did not receive any comments regarding the proposed rules.
STATUTORY AUTHORITY
The repeals are adopted under Texas Health and Safety Code Chapter 12, Subchapter H, which authorize the Executive Commissioner of Health and Human Services to adopt rules for the Medical Advisory Board; and Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of Health and Human Services to adopt rules necessary 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 January 21, 2025.
TRD-202500164
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: February 10, 2025
Proposal publication date: November 1, 2024
For further information, please call: (512) 834-6787
STATUTORY AUTHORITY
The new rules are adopted under Texas Health and Safety Code Chapter 12, Subchapter H, which authorize the Executive Commissioner of Health and Human Services to adopt rules for the Medical Advisory Board; and Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of Health and Human Services to adopt rules necessary 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 January 21, 2025.
TRD-202500165
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: February 10, 2025
Proposal publication date: November 1, 2024
For further information, please call: (512) 834-6787
SUBCHAPTER R. ADVISORY COMMITTEES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §37.401, concerning Maternal Mortality and Morbidity Review Committee. The amendment to §37.401 is adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8524), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment is necessary to comply with Texas Health and Safety Code, Chapter 34, amended by House Bill (H.B.) 852, 88th Legislature, Regular session, 2023, which added six new Maternal Mortality and Morbidity Review Committee (MMMRC) members and amended the current community advocate MMMRC member position. New positions include physicians specializing in emergency care, cardiology, anesthesiology, oncology, and a representative of a managed care organization. Additionally, the former community advocate position was changed to two community members with experience in a relevant health care field involving the analysis of health care data. One of the community members must represent an urban area of this state, and another must represent a rural area.
H.B. 852 also staggered membership terms, making one-third of the terms expire on every odd-numbered year.
Furthermore, the amendment requires changing the title of §37.401 from Maternal Mortality and Morbidity Task Force to Maternal Mortality and Morbidity Review Committee.
COMMENTS
The 31-day comment period ended November 25, 2024. During this period, DSHS did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which provides that the Executive Commissioner of HHSC shall 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 adoption is also required to comply with Texas Health and Safety Code Chapter 34.
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 January 21, 2025.
TRD-202500160
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: February 10, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 776-7373
SUBCHAPTER B. EMERGENCY MEDICAL SERVICES PROVIDER LICENSES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §157.11, concerning Requirements for an Emergency Medical Services (EMS) Provider License.
The amendment to §157.11 is adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8528), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment is necessary to comply with Senate Bill (S.B.) 2133, 88th Legislature, Regular Session, 2023, that amended Texas Health and Safety Code (HSC) §773.050 by adding subsection (j). The new subsection requires emergency medical services (EMS) providers to have a plan for transporting dialysis patients directly to and from an outpatient end stage renal disease facility during a declared disaster if the patient's normal and alternative modes of transportation cannot be used. Texas HSC §773.050(j) permits the EMS provider's plan to prioritize transporting a patient suffering from an acute emergency condition over transporting a dialysis patient. The amendment to 25 TAC §157.11 aligns with the changes in Texas HSC §773.050.
Additionally, House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature's ongoing statutory revision program. The amendment is necessary to update a citation in the rule to Texas Government Code that becomes effective on April 1, 2025.
COMMENTS
The 31-day comment period ended November 25, 2024.
During this period, DSHS did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which provide that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS, and for the administration of Texas Health and Safety Code Chapter 773 and 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 January 21, 2025.
TRD-202500161
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: February 10, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 834-6737