GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS

Administrative Rules
16 Texas Administrative Code, Chapter 100
(Effective November 1, 2016)

TABLE OF CONTENTS

100.1. Applicability.
100.10. Definitions.
100.20. Providing Information to Advisory Boards for Certain Health-Related Programs.
100.30. Rules Regarding Certain Health-Related Programs.
100.40. Enforcement Procedures for Certain Health-Related Programs.

100.1. Applicability. (New Section adopted effective November 1, 2016, 41 TexReg 8292)

(a) This chapter applies to the regulation of the following professions by the department:

(1) athletic trainers;

(2) dietitians;

(3) hearing instrument fitters and dispensers;

(4) midwives;

(5) orthotists and prosthetists; and

(6) speech-language pathologists and audiologists.

(b) The provisions of this chapter are in addition to all other provisions of law or commission rules that apply to the professions in subsection (a).

100.10. Definitions. (New Section adopted effective November 1, 2016, 41 TexReg 8292)

The following terms have the following meanings when used in this chapter:

(1) Advisory Board--A board, committee, council, or other body that is established by law to advise the commission or department on rules, policies, and/or technical matters.

(2) Commission--Texas Commission of Licensing and Regulation.

(3) Department--Texas Department of Licensing and Regulation.

(4) Executive Director--The head administrative official of the department.

(5) License--A license, certificate, registration, title, commission, or permit issued by the department.

(6) Penalty or Administrative Penalty--A monetary fine imposed by the commission or the executive director on a licensee or other person who has violated this chapter or a statute or rule governing a program regulated by the department.

(7) Rule--Any commission statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the department or commission.

(8) Sanction--An action by the commission or executive director against a license holder or another person, including the denial, suspension, or revocation of a license, the reprimand of a license holder, the placement of a license holder on probation, or refusal to renew.

100.20. Providing Information to Advisory Boards for Certain Health-Related Programs. (New Section adopted effective November 1, 2016, 41 TexReg 8292)

(a) This section is promulgated under Section 51.2031(b), Occupations Code.

(b) The department will present the following documents, including any updates or revisions, to the advisory board for its input and recommendation:

(1) The penalty matrix for the profession to be included in the department's Enforcement Plan; and

(2) Criminal Conviction Guidelines (Guidelines for Applicants with Criminal Convictions) for the profession.

(c) The department will provide information regarding the general investigative, enforcement, or disciplinary procedures of the department or commission to the advisory board in the following manner:

(1) At advisory board meetings, the department will provide a report on recent enforcement activities, including:

(A) a brief description of final orders entered in enforcement cases; and

(B) statistics on complaints received, disposition of cases, and any sanctions or administrative penalties assessed;

(2) On request of the advisory board, the department will provide additional information:

(A) during the staff report portion of the advisory board meeting; or

(B) by placing a discussion item on the agenda for a future advisory board meeting; or

(3) The department may provide information directly to an individual member of the advisory board in response to a request from that member.

100.30. Rules Regarding Certain Health-Related Programs. (New Section adopted effective November 1, 2016, 41 TexReg 8292)

(a) This section is promulgated under Section 51.2031(a-1) and (a-2), Occupations Code.

(b) The commission may not adopt a new rule relating to the scope of practice of or a health-related standard of care for a profession to which this section applies unless the rule has been proposed by the advisory board established for that profession.

(c) Under Section 51.2031(a-1) and (a-2), Occupations Code, the advisory board may propose a rule described by subsection (b) according to the following procedure:

(1) The advisory board, by a majority vote of the members present and voting at a meeting at which a quorum is present, shall either:

(A) recommend that the rule be published in the Texas Register for public comment; or

(B) if the rule has been published and after considering the public comments, make a recommendation to the commission concerning adoption of the rule;

(2) The rule must be within the commission's legal authority to adopt; and

(3) The department may make non-substantive, editorial changes to the rule as necessary.

(d) The commission shall either adopt the rule as proposed by the advisory board under subsection (c), with any non-substantive, editorial changes made by the department under subsection (c)(3), or return the rule to the advisory board for revision.

(e) This section expires September 1, 2019.

100.40. Enforcement Procedures for Certain Health-Related Programs. (New Section adopted effective November 1, 2016, 41 TexReg 8292)

(a) The department will develop procedures to incorporate health-related expertise into the department's investigation and resolution of complaints.

(b) The department will seek input regarding the procedures developed under this section from each advisory board.

(c) The procedures developed under this section may include obtaining health-related expertise from one or more of the following sources:

(1) A current or former member of the advisory board for the profession;

(2) A department staff expert;

(3) An outside expert with relevant education, training, or experience;

(4) A former member of an enforcement, enforcement review, complaints, or complaint review committee for the profession at the Department of State Health Services; or

(5) A panel consisting of any combination of the individuals listed in paragraphs (1) - (4).

(d) Opinions or recommendations obtained under subsection (c) are not binding on the department or commission.

(e) The procedures developed under this section must include provisions to protect information that is confidential by law.