The following information was obtained from the November 25 issue of the Texas Register:
Public Notices
HHSC intends to submit to CMS a request to amend the Non-Emergency Medical Transportation waiver program, which would add Colorado, Erath, Palo Pinto, and Somerville counties to the waiver to realign the counties in the full-risk broker model areas that impact the waiver. Jasper, Newton, Polk, San Jacinto, and Tyler counties will be removed.
Adopted reimbursement rates for large, state-operated ICFs/MR and for small, state-operated ICFs/MR: $582.57 and $562.13. See the Texas Register for more information about both notices.
Proposed Rules
The Texas Board of Nursing proposed to amend §217.6, Failure to Renew License, which would simplify the licensure process for military spouse applicants without compromising the safety of the public. An excerpt:
First, the Board has determined that military spouse applicants should not be required to pay the late fees and fines normally required for reactivating an expired or delinquent license. Because military spouses are often transferred from state to state with little notice, the Board has determined that the purpose of the late fees and fines, which is to encourage a licensee’s timely renewal, is not applicable in such situations. As such, the proposal exempts military spouse applicants from paying these late fees and fines. However, only those military spouse applicants who submit a reactivation application to the Board in paper form will be exempt from paying these late fees and fines. This is because the Board’s online system is unable to process applications that are not accompanied by full payment of the late fees and fines normally required for the reactivation of an expired or delinquent license. Because the Board is unable to alter its online system at this time, the proposed amendments specifically require the reactivation application to be submitted in paper form in order for a military spouse applicant to receive this exemption.
Second, in compliance with the provisions of SB 1733, the Board has determined that military spouse applicants who have practiced nursing in another jurisdiction within the four years immediately preceding a reactivation application are exempt from completing 20 contact hours of continuing education. This exemption not only allows these applicants to demonstrate their competency to practice through alternative means, as mandated by SB 1733, but it also protects the health and safety of the public by ensuring that an applicant has recently practiced nursing in another jurisdiction and is a safe and competent practitioner.
Withdrawn Rules
The Texas Medical Board has withdrawn the proposed amendments to §192.1 and §192.2, and new §§198.1 – 198.3. See the Texas Register for details.
Adopted Rules
The Texas Medical Board adopted changes to several sections of the code:
- Licensure
- Reinstatement And Reissuance
- Temporary And Limited Licenses
- Fees And Penalties
- Complaints
- Surgical Assistants
- Pain Management Clinics
On DADS’ behalf, HHSC adopted changes to several sections of the code:
- Mental Retardation Services–Medicaid State Operating Agency Responsibilities
- Nursing Facility Administrators
- Community Living Assistance And Support Services
- Community Care For Aged And Disabled
- Medically Dependent Children Program
- Nurse Aides
- Medication Aides–Program Requirements
Rule Review
The Texas Medical Board adopted the review of Chapter 163, Licensure, §§163.1, 163.2, 163.4 – 163.11 and 163.13, and adopted amendments to §§163.1, 163.2, 163.6, 163.7 and 163.11.
The board also adopted the review of Chapter 167, Reinstatement and Reissuance, §§167.1 – 167.8, pursuant to the Texas Government Code, §2001.039 and adopted amendments to §167.8. For details, see the Texas Register.
