The following information was obtained from the May 10 issue of the Texas Register.
Public Notices – Comment Extension Period
HHSC proposed to amend §354.1281, Psychologists’ Services, which would add provisionally licensed psychologists as another type of provider who can perform psychological counseling and services under the direct supervision of a licensed psychologist.
HHSC also proposed to amend §355.8081, relating to allowing HHSC to reimburse for the Medicaid services provided by a provisionally licensed psychologist under the supervision of a licensed psychologist. Both were published in the April 12, 2013, issue. The comment period for both has been extended through Wednesday, June 12, 2013. See the Texas Register for more information.
Proposed Rules
The Texas Medical Board proposed to amend §187.18, Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance, which would delete language that requires a licensee to pay for a recording of an informal settlement conference (ISC) at least 15 days prior to the date of the ISC, as the requirement is inconsistent with the payment process required by the board’s recording and transcription vendor. Additionally, the amendment adds language requiring the request be in writing and received by the board no later than 15 days prior to the date of the ISC.
The board also proposed to amend §197.5, Authority for Control of Medical Services at the Scene of a Medical Emergency, to correct typographical errors in the heading and text of the rule. For more information about both entries, see the Texas Register.
- On DADS’ Behalf
HHSC adopted amendments to §3.101, Definitions, and new §§3.601 – 3.608, General Provisions; Mechanical Devices; Evaluation and Assessment; Imminent Harm resulting from a behavioral crisis; Imminent Harm resulting from a medical or dental procedure; Imminent Harm resulting from documented self-injurious behavior; Release; and Reporting, Tracking, and Documentation in new Subchapter F, Restraints, in Chapter 3, Administrative Responsibilities of State Facilities. The changes implement SB 41, 82nd Legislature, Regular Session, 2011, which prescribe limits for the use of restraints on an individual residing in a state supported living center or the Rio Grande State Center. See the Texas Register for details.
HHSC adopted the repeal of Subchapter H, Use of Restraint in State Facilities, consisting of §§5.351 – 5.362 and 5.364 – 5.366, Purpose, Application, Definitions, General Provisions, general principles for the use of restraint, use of restraint in a behavioral emergency, use of restraint in a behavior therapy program, use of restraint during medical or dental procedures and to promote healing, use of restraint with a mechanical device to prevent involuntary self-injury, use of restraint with a mechanical device to provide postural support, mechanical devices for use in restraint, additional reporting and documentation requirements, enforcement, references, and distribution, in Chapter 5, Provider Clinical Responsibilities–Intellectual Disability Services.
The changes remove SSLC requirements for restraints from the Chapter 5 rules and consolidate requirements for the use of restraints on an individual residing in a SSLC or the Rio Grande State Center. See the Texas Register for more information.
HHSC adopted an amendment to §9.178, Certification Principles: Quality Assurance in Chapter 9, Subchapter D, HCS Program. Changes include requiring an HCS provider to collect an amount for room equal to an amount necessary to maintain a three-person or four-person residence and lists the specific costs that must be included in determining the room charge. See the Texas Register for details.
