PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER A. INVESTIGATIONAL TREATMENTS FOR PATIENTS WITH SEVERE CHRONIC DISEASES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §1.1, concerning Purpose and Scope; new §1.2, concerning Definitions; new §1.3, concerning Patient Eligibility; and new §1.4, concerning Informed Consent, in new Subchapter A, Investigational Treatments for Patients with Severe Chronic Diseases.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement Senate Bill 773, 88th Legislature, Regular Session, 2023, which added Chapter 490 to the Texas Health and Safety Code to allow access to investigational treatments for patients with severe chronic disease. Texas Health and Safety Code §490.002 requires DSHS to designate medical conditions considered to be severe chronic diseases. Texas Health and Safety Code §490.052 states that DSHS may prescribe a form for the informed consent required by the new chapter.
SECTION-BY-SECTION SUMMARY
Proposed new §1.1, Purpose and Scope, describes the requirements of the subchapter.
Proposed new §1.2, Definitions, provides definitions for words and terms used in the subchapter, including "commissioner;" "department;" "investigational drug, biological product, or device;" and "severe chronic disease."
Proposed new §1.3, Patient Eligibility, establishes eligibility requirements for a patient with a severe chronic disease to access and use an investigational drug, biological product, or device.
Proposed new §1.4, Informed Consent, describes the requirement for an informed consent form. The proposed rule provides the department website to access the written informed consent form created by DSHS, pursuant to Texas Health and Safety Code §490.052(b).
FISCAL NOTE
Christy Havel Burton, Chief Financial Officer, has determined for each year of the first five years the new rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined during the first five years the new rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of DSHS employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to DSHS;
(5) the proposed rules will create new rules;
(6) the proposed rules will not expand, limit, or repeal existing rules;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined there will be no adverse economic impact on small businesses, micro-businesses, or rural communities. The rules do not apply to small or micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not impact a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Dr. Manda Hall, Associate Commissioner, Community Health Improvement Division, has determined for each year of the first five years the new rules are in effect, the public benefit will be increased access to investigational drugs, biological products, or devices for patients who have been diagnosed with a severe chronic disease.
Christy Havel Burton has also determined for each year of the first five years the new rules are in effect, there are no anticipated economic costs to persons required to comply with the proposed rules. The proposed rules only require patients who have been diagnosed with a severe chronic disease and are eligible to access and use an investigational drug, biological product, or device to sign, and for their physician to maintain, a written informed consent form.
TAKINGS IMPACT ASSESSMENT
DSHS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Lauren Milius, Health Promotion and Chronic Disease Prevention Section Coordinator/Legislative Liaison, P.O. Box 149347, Mail Code 1965, Austin, Texas 78714-9347 or 1100 West 49th Street, Austin, Texas 78756-3199; or by email to HPCDPSprovider@dshs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R029" in the subject line.
STATUTORY AUTHORITY
The new sections are authorized by Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorizes the Executive Commissioner of HHSC 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 new sections are also required to comply with Texas Health and Safety Code Chapter 490.
The new sections implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapters 490 and 1001.
§1.1.Purpose and Scope.
(a) The purpose of this subchapter is to establish the requirements for a patient with a severe chronic disease to access and use an investigational drug, biological product, or device, consistent with Texas Health and Safety Code Chapter 490 and the rules in this subchapter.
(b) Texas Health and Safety Code Chapter 490 and the rules in this subchapter do not require a manufacturer to make available an investigational drug, biological product, or device to an eligible patient but a manufacturer choosing to do so must not receive compensation.
§1.2.Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Commissioner--The commissioner of the Texas Department of State Health Services.
(2) Department--The Texas Department of State Health Services.
(3) Investigational drug, biological product, or device--These words are defined in Texas Health and Safety Code §490.001.
(4) Severe chronic disease--A condition, injury, or illness that:
(A) may be treated;
(B) may not be cured or eliminated; and
(C) entails significant functional impairment or severe pain.
§1.3.Patient Eligibility.
(a) A patient is eligible to access and use an investigational drug, biological product, or device, consistent with Texas Health and Safety Code §490.001, if:
(1) the patient's treating physician confirms, in writing, the patient has a diagnosis of a severe chronic disease; and
(2) the patient signs a written informed consent as described in §1.4 of this subchapter (relating to Informed Consent).
(b) A treating physician must maintain the written confirmation of a patient's severe chronic disease diagnosis in the medical record of the treating physician in accordance with the applicable records retention requirements.
§1.4.Informed Consent.
(a) Pursuant to Texas Health and Safety Code §490.052(b), the department adopts a written informed consent form for use by physicians and patients receiving an investigational drug, biological product, or device. A physician may use a different informed consent form if it contains, at a minimum, the same information as the department form. The written informed consent form is available on the department website at www.dshs.texas.gov/chronic/.
(b) A patient eligible to access and use an investigational drug, biological product, or device must sign a written informed consent form. If the patient is a minor or lacks the mental capacity to provide written informed consent, a parent, guardian, or conservator may provide written informed consent on the patient's behalf.
(c) A patient must provide a signed, written informed consent form to a manufacturer of an investigational drug, biological product, or device before the manufacturer may make the investigational drug, biological product, or device available to the patient.
(d) The written informed consent form must be maintained in the medical record of the treating physician in accordance with the applicable records retention requirements.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401682
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 939-7575
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §3.31, concerning Memorandum of Understanding between the Texas Department of Criminal Justice, Texas Commission for the Blind, Texas Commissioner 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 219, 84th Legislature, Regular Session, 2015.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §3.31 and §3.41 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years that the repealed rules will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official, has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§3.31.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.
§3.41.Memorandum of Understanding Concerning Special Education Services to Students with Disabilities in Residential Facilities.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401687
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 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), proposes 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 200, 84th Legislature, Regular Session, 2015.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §4.1 and §§4.11 - 4.24 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years the repealed rules will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official, has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
SUBCHAPTER A. PROTEST PROCEDURES FOR CERTAIN DSHS PURCHASES
STATUTORY AUTHORITY
The repeal is authorized by 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 repeal implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§4.1.Contract Protests.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401688
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 776-6683
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§4.11.Purpose.
§4.12.Applicability.
§4.13.Definitions.
§4.14.Prerequisites to Suit.
§4.15.Notice of Claim of Breach of Contract.
§4.16.Agency Counterclaim.
§4.17.Request for Voluntary Disclosure of Additional Information.
§4.18.Timetable for Negotiation and Mediation.
§4.19.Conduct of Negotiation.
§4.20.Settlement Approval Procedures for Negotiation.
§4.21.Negotiated Settlement Agreement.
§4.22.Costs of Negotiation.
§4.23.Request for Contested Case Hearing.
§4.24.Mediation.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401689
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 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), proposes 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules 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.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§61.21 - 61.24 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years that the repealed rules will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official, has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§61.21.General Information.
§61.22.Client Eligibility.
§61.23.Program Benefits.
§61.24.Payment for Services.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401690
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 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), proposes 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §111.2 and §111.3 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years the repealed rules will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official, has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§111.2.Memorandum of Understanding Concerning Hospitals and Long-Term Care Facilities.
§111.3.Reporting Obligation by the Department of Agency Regulatory Survey Information.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401691
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 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), proposes 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. Senate Bill 202, 84th Legislature, Regular Session, 2015, transferred this program to HHSC.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §113.1 and §113.2 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years that the repealed rules will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§113.1.Processing Permits for Special Health Services Professionals.
§113.2.Time Periods for Processing and Issuing Licenses for Health Care Providers.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401692
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 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), proposes 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 970, 87th Legislature, Regular Session, 2021.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§127.1 - 127.4 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years that the repealed rules will be in effect, enforcing or administering the repealed rules do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055.
§127.1.Request for Placement of an Occupation on the Registry.
§127.2.Approved Occupations.
§127.3.Application and Approval of an Individual's Placement on a Registry.
§127.4.Fees.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401693
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 776-6683
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §133.55, concerning Workplace Violence Prevention.
BACKGROUND AND PURPOSE
The proposed new rule is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.
The proposed rule requires general and special hospitals to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital's workplace violence prevention plan. The proposed rule specifies the required membership for a committee. The proposed rule requires a hospital to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital.
The proposed rule requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the hospital's governing body. The proposed rule requires each hospital to make a copy of the hospital's workplace violence prevention plan available to each hospital health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.
The proposed rule establishes minimum requirements for a hospital to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.
HSC §331.006 permits HHSC to take disciplinary action against a provider that violates HSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of HHSC employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to HHSC;
(5) the proposed rule will create a new regulation;
(6) the proposed rule will not expand, limit, or repeal an existing regulation;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the proposed rule does not impose a cost or require small businesses, micro-businesses, or rural communities to alter their current business practices.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to protect the health, safety, and welfare of the residents of Texas, does not impose a cost on regulated persons, and is necessary to implement legislation that does not specifically state that §2001.0045 applies to the rule.
PUBLIC BENEFIT AND COSTS
Stephen Pahl, Deputy Executive Commissioner for Regulatory Services, has determined that for each year of the first five years the rule is in effect, the public will benefit from the new rule promoting a safe and secure environment for hospital healthcare providers and employees.
Trey Wood has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the rule does not require persons subject to the rule to alter their current business practices as these entities are required to comply with the law as added by S.B. 240 and the new section only ensures consistency with current statutory requirements.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HCR_PRU@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R013" in the subject line.
STATUTORY AUTHORITY
The new section is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; HSC §241.026, which requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of licensed hospitals; and HSC Chapter 331, which requires licensed hospitals to adopt a workplace violence prevention policy and adopt and implement a workplace violence prevention plan in accordance with that chapter.
The new section implements Texas Government Code §531.0055 and HSC Chapter 331.
§133.55.Workplace Violence Prevention.
(a) In accordance with Texas Health and Safety Code (HSC) §331.002, a hospital shall establish a workplace violence prevention committee or authorize an existing hospital committee to develop a workplace violence prevention plan.
(b) A hospital shall ensure the committee includes at least:
(1) one registered nurse who provides direct care to the hospital's patients;
(2) one physician licensed to practice medicine in Texas who provides direct care to the hospital's patients; and
(3) one hospital employee who provides security services for the hospital if any and if practicable.
(c) A health care system that owns or operates more than one hospital may establish a single workplace violence prevention committee for all of the system's hospitals if:
(1) the committee develops a violence prevention plan for implementation at each hospital in the system; and
(2) data related to violence prevention remains distinctly identifiable for each hospital in the system.
(d) A hospital shall adopt, implement, and enforce a written workplace violence prevention policy to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital. In accordance with HSC §331.003, the policy shall:
(1) require the hospital to:
(A) provide significant consideration of the violence prevention plan recommended by the hospital's committee; and
(B) evaluate any existing hospital violence prevention plan;
(2) encourage health care providers and employees to provide confidential information on workplace violence to the committee;
(3) include a process to protect from retaliation health care providers or employees who provide information to the committee; and
(4) comply with HHSC rules relating to workplace violence.
(e) A hospital shall adopt, implement, and enforce a written workplace violence prevention plan developed by the committee. In accordance with HSC §331.004, the plan shall:
(1) be based on a hospital setting;
(2) adopt a definition of "workplace violence" that includes:
(A) an act or threat of physical force against a health care provider or employee that results in, or is likely to result in, physical injury or psychological trauma; and
(B) an incident involving the use of a firearm or other dangerous weapon, regardless of whether a health care provider or employee is injured by the weapon;
(3) require the hospital to at least annually provide workplace violence prevention training or education that may be included in other required training or education provided to the health care providers and employees who provide direct patient care;
(4) prescribe a system for responding to and investigating violent incidents or potentially violent incidents at the hospital;
(5) address physical security and safety;
(6) require the hospital to solicit information from the health care providers and employees when developing and implementing a workplace violence prevention plan;
(7) allow health care providers and employees to report workplace violence incidents through the hospital's existing occurrence reporting systems; and
(8) require the hospital to adjust patient care assignments, to the extent practicable, to prevent a health care provider or employee from treating or providing services to a patient who has intentionally physically abused or threatened the provider or employee.
(f) The written workplace violence prevention plan may satisfy the requirements of subsection (e) of this section by referencing other internal hospital policies and documents.
(g) At least annually after the date a hospital adopts a written workplace violence prevention plan required by subsection (e) of this section, the committee shall:
(1) review and evaluate the workplace violence prevention plan; and
(2) report the results of the evaluation to the hospital's governing body.
(h) Each hospital shall make available on request an electronic or printed copy of the hospital's workplace violence prevention plan to each health care provider or employee. If the committee determines the plan contains information that would pose a security threat if made public, the committee may redact that information before providing the plan.
(i) In accordance with HSC §331.005, after an incident of workplace violence occurs, a hospital shall offer immediate post-incident services, including any necessary acute medical treatment for each hospital health care provider or employee who is directly involved in the incident.
(j) In accordance with HSC §331.005, a hospital may not discourage a health care provider or employee from exercising the provider's or employee's right to contact or file a report with law enforcement regarding a workplace violence incident.
(k) In accordance with HSC §331.005, a hospital shall prohibit hospital personnel from disciplining, including by suspension or termination of employment, discriminating against, or retaliating against another person who:
(1) in good faith reports a workplace violence incident; or
(2) advises a health care provider or employee of the provider's or employee's right to report a workplace violence incident.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401678
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 834-4591
SUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §135.31, concerning Workplace Violence Prevention.
BACKGROUND AND PURPOSE
The proposed new rule is necessary to implement Texas Health and Safety Code (HSC) Chapter 331, added by Senate Bill (S.B.) 240, 88th Legislature, Regular Session, 2023.
The proposed rule requires ambulatory surgical centers (ASCs) to establish a workplace violence prevention committee or authorize an existing committee to develop the hospital's workplace violence prevention plan. The proposed rule specifies the required membership for a committee. The proposed rule requires an ASC to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the ASC.
The proposed rule requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the ASC's governing body. The proposed rule requires each ASC to make a copy of the ASC's workplace violence prevention plan available to each health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.
The proposed rule establishes minimum requirements for an ASC to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.
HSC §331.006 permits HHSC to take disciplinary action against a provider that violates HSC Chapter 331 on or after September 1, 2023, as if the provider violated an applicable licensing law.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of HHSC employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to HHSC;
(5) the proposed rule will create a new regulation;
(6) the proposed rule will not expand, limit, or repeal an existing regulation;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the proposed rule does not impose a cost or require small businesses, micro-businesses, or rural communities to alter their current business practices.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to protect the health, safety, and welfare of the residents of Texas, does not impose a cost on regulated persons, and is necessary to implement legislation that does not specifically state that §2001.0045 applies to the rule.
PUBLIC BENEFIT AND COSTS
Stephen Pahl, Deputy Executive Commissioner for Regulatory Services, has determined that for each year of the first five years the rule is in effect, the public will benefit from the new rule promoting a safe and secure environment for ASC healthcare providers and employees.
Trey Wood has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the rule does not require persons subject to the rule to alter their current business practices as these entities are required to comply with the law as added by S.B. 240 and the new section only ensures consistency with current statutory requirements.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HCR_PRU@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R013" in the subject line.
STATUTORY AUTHORITY
The new section is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; HSC §243.009, which authorizes HHSC to adopt rules regarding ASCs; and HSC Chapter 331, which requires licensed ASCs to adopt a workplace violence prevention policy and adopt and implement a workplace violence prevention plan in accordance with that chapter.
The new section implements Texas Government Code §531.0055 and HSC Chapter 331.
§135.31.Workplace Violence Prevention.
(a) In accordance with Texas Health and Safety Code (HSC) §331.002, an ambulatory surgical center (ASC) shall establish a workplace violence prevention committee or authorize an existing ASC committee to develop a workplace violence prevention plan.
(b) An ASC shall ensure the committee includes at least:
(1) one registered nurse who provides direct care to the ASC's patients;
(2) one physician licensed to practice medicine in Texas who provides direct care to the ASC's patients; and
(3) one ASC employee who provides security services for the ASC if any and if practicable.
(c) A health care system that owns or operates more than one ASC may establish a single workplace violence prevention committee for all of the system's ASCs if:
(1) the committee develops a violence prevention plan for implementation at each ASC in the system; and
(2) data related to violence prevention remains distinctly identifiable for each ASC in the system.
(d) An ASC shall adopt, implement, and enforce a written workplace violence prevention policy to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the ASC. In accordance with HSC §331.003, the policy shall:
(1) require the ASC to:
(A) provide significant consideration of the violence prevention plan recommended by the ASC's committee; and
(B) evaluate any existing ASC violence prevention plan;
(2) encourage health care providers and employees to provide confidential information on workplace violence to the committee;
(3) include a process to protect from retaliation health care providers or employees who provide information to the committee; and
(4) comply with HHSC rules relating to workplace violence.
(e) An ASC shall adopt, implement, and enforce a written workplace violence prevention plan developed by the committee. In accordance with HSC 331.004, the plan shall:
(1) be based on an ASC setting;
(2) adopt a definition of "workplace violence" that includes:
(A) an act or threat of physical force against a health care provider or employee that results in, or is likely to result in, physical injury or psychological trauma; and
(B) an incident involving the use of a firearm or other dangerous weapon, regardless of whether a health care provider or employee is injured by the weapon;
(3) require the ASC to at least annually provide workplace violence prevention training or education that may be included in other required training or education provided to the ASC's health care providers and employees who provide direct patient care;
(4) prescribe a system for responding to and investigating violent incidents or potentially violent incidents at the ASC;
(5) address physical security and safety;
(6) require the ASC to solicit information from health care providers and employees when developing and implementing a workplace violence prevention plan;
(7) allow health care providers and employees to report workplace violence incidents through the ASC's existing occurrence reporting systems; and
(8) require the ASC to adjust patient care assignments, to the extent practicable, to prevent a health care provider or employee from treating or providing services to a patient who has intentionally physically abused or threatened the provider or employee.
(f) The written workplace violence prevention plan may satisfy the requirements of subsection (e) of this section by referencing other internal ASC policies and documents.
(g) At least annually after the date an ASC adopts a written workplace violence prevention plan required by subsection (e) of this section, the committee shall:
(1) review and evaluate the workplace violence prevention plan; and
(2) report the results of the evaluation to the ASC's governing body.
(h) Each ASC shall make available on request an electronic or printed copy of the ASC's workplace violence prevention plan to each health care provider or ASC employee. If the committee determines the plan contains information that would pose a security threat if made public, the committee may redact that information before providing the plan.
(i) In accordance with HSC §331.005, after an incident of workplace violence occurs, an ASC shall offer immediate post-incident services, including any necessary acute medical treatment for each ASC health care provider or employee who is directly involved in the incident.
(j) In accordance with HSC §331.005, an ASC may not discourage a health care provider or employee from exercising the provider's or employee's right to contact or file a report with law enforcement regarding a workplace violence incident.
(k) In accordance with HSC §331.005, an ASC shall prohibit ASC personnel from disciplining, including by suspension or termination of employment, discriminating against, or retaliating against another person who:
(1) in good faith reports a workplace violence incident; or
(2) advises a health care provider or employee of the provider's or employee's right to report a workplace violence incident.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401679
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 834-4591
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes 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 for 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 Action; §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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. Senate Bill (S.B.) 202, 84th Legislature, Regular Session, 2015, repealed the regulation of these health professions.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§140.30 - 140.48, §§140.250 - 140.265 and §§140.275 - 140.287 deletes rules no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years that the repealed rules will be in effect, enforcing or administering the repealed rules do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official, has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
SUBCHAPTER B. PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§140.30.Introduction.
§140.31.Definitions.
§140.32.Fees.
§140.33.Petition for Rulemaking.
§140.34.Application Requirements and Procedures.
§140.35.Requirement for Insurance.
§140.36.Application Processing.
§140.37.Categories of Licensure and Registration.
§140.38.Renewal of License or Registration.
§140.39.Changes of Name or Address.
§140.40.Standards of Conduct for PERS Providers.
§140.41.Consumer Information.
§140.42.Filing Complaints and Complaint Investigations.
§140.43.Grounds for Disciplinary Action.
§140.44.Informal Disposition.
§140.45.Formal Hearings.
§140.46.Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions.
§140.47.Immediate Suspension for Failure to Maintain Insurance Coverage.
§140.48.Registration of Military Service Members, Military Veterans, and Military Spouses.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401694
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 776-6683
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§140.250.Introduction.
§140.251.Definitions.
§140.252.Fees.
§140.253.Petition for Rulemaking.
§140.254.Sale or Delivery of Contact Lenses and Prescription Verification.
§140.255.Display of Permit.
§140.256.Application Requirements and Procedures.
§140.257.Application Processing.
§140.258.Renewal of Permit.
§140.259.Changes of Name or Address.
§140.260.Filing Complaints and Complaint Investigations.
§140.261.Grounds for Disciplinary Actions.
§140.262.Informal Disposition.
§140.263.Formal Hearings.
§140.264.Guidelines For Issuing Permits to Persons with Criminal Convictions.
§140.265.Permitting of Military Service Members, Military Veterans, and Military Spouses.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401695
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 776-6683
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§140.275.Purpose and Construction.
§140.276.Definitions.
§140.277.Fees.
§140.278.Application Procedures and Requirements for Registration.
§140.279.Issuance of Certificate of Registration.
§140.280.Renewal of Registration.
§140.281.Requirements for Continuing Education.
§140.282.Change of Name or Address.
§140.283.Violations, Complaints, Investigation of Complaints, and Disciplinary Actions.
§140.284.Registration of Applicants with Criminal Backgrounds.
§140.285.Professional and Ethical Standards.
§140.286.Request for Criminal History Evaluation Letter.
§140.287.Registration of Military Service Members, Military Veterans, and Military Spouses.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401696
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 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), proposes 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 202, 84th Legislature, Regular Session, 2015.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§205.1 - 205.17 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years that the repealed rules will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official, has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§205.1.Purpose and Scope.
§205.2.Definitions.
§205.3.General Requirements.
§205.4.Labeling Requirements.
§205.5.Definitions and Designations of Filling Materials.
§205.6.Adjunctive Terms.
§205.7.Suggested Terminology for Various Fiber By-Products.
§205.8.Germicidal Treatment Requirements; Methods.
§205.9.Sanitary Premises.
§205.10.Adjustments to the Minimum Requirements.
§205.11.Permit Requirements; Types; Application; Conditions; Suspension.
§205.12.Administrative Penalty.
§205.13.Detained or Embargoed Bedding.
§205.14.Removal Order for Detained or Embargoed Bedding.
§205.15.Condemnation.
§205.16.Recall Orders.
§205.17.Inspection.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401698
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 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), proposes 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.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code pursuant to Senate Bill 202, 84th Legislature, Regular Session, 2015.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§297.1 - 297.10 deletes the rules as they are no longer necessary.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined, for each year of the first five years that the repealed rules will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Barbara L. Klein, Senior Compliance and Accountability Official, has determined, for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Christy Havel Burton has also determined, for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
DSHS has determined the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R038" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by 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 repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 1001.
§297.1.General Provisions.
§297.2.Definitions.
§297.3.Recommendations for Implementing a Governmental Building IAQ Program.
§297.4.Design/Construction/Renovation.
§297.5.Building Operation and Maintenance Guidelines.
§297.6.Recommended Building Occupant Responsibilities.
§297.7.Assessing and Resolving IAQ Problems.
§297.8.Guidelines for Comfort and Minimum Risk Levels.
§297.9.Lease Agreements.
§297.10.Special Considerations.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 22, 2024.
TRD-202401699
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 776-6683