TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES

SUBCHAPTER G. SPINAL SCREENING PROGRAM

25 TAC §§37.142 - 37.145

The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §§37.142 - 37.145, concerning the Spinal Screening Program (program), without changes to the proposed text that was published in the September 8, 2017, issue of the Texas Register (42 TexReg 4562). The sections will not be republished.

BACKGROUND AND JUSTIFICATION

DSHS administers the state program designed to identify abnormal spinal curvature in certain school-age children attending public and private schools, in accordance with Health and Safety Code, Chapter 37. The rules implement and outline the appropriate standards for spinal screening in school-age children. The program is responsible for the training and certification of individuals who conduct spinal screenings in the schools. The schools are responsible for ensuring that enrolled children comply with the screening requirements of this subchapter.

The amendments will update the rules in accordance with House Bill (H.B.) 1076, 85th Legislature, Regular Session, 2017. H.B. 1076 requires rules to be adopted with consideration of the most recent nationally accepted and peer-reviewed scientific research when determining the appropriate ages for conducting spinal screening. H.B. 1076 is effective on September 1, 2017, and will be implemented during the 2018 - 2019 school year.

COMMENTS

The 30-day comment period ended October 8, 2017.

During this period, DSHS did not receive any comments regarding the proposed rules.

STATUTORY AUTHORITY

The amendments are authorized by Health and Safety Code, Chapter 37, which mandates adoption of rules necessary to carry out the program; and by Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation of and provision of health and human services by DSHS and for the administration of Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704779

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: January 1, 2018

Proposal publication date: September 8, 2017

For further information, please call: (512) 776-6972


CHAPTER 140. HEALTH PROFESSIONS REGULATION

The Executive Commissioner of the Health and Human Services Commission (HHSC) adopts the repeal of §§140.1 - 140.24, Title 25, Subchapter A, concerning Perfusionists; §§140.201, 140.202, and 140.204 - 140.218, Title 25, Subchapter E, concerning Respiratory Care; and §§140.501, 140.502, and 140.504 - 140.524, Title 25, Subchapter J, concerning Medical Radiologic Technologists. The repeals are adopted without changes to the proposed text as published in the July 21, 2017, issue of the Texas Register (42 TexReg 3611).

BACKGROUND AND JUSTIFICATION

The Texas Legislature enacted Senate Bill (SB) 202, 84th Legislature, Regular Session (2015), which included amendments, effective September 1, 2015, to Occupations Code, Chapters 601 (relating to Medical Radiologic Technologists), 603 (relating to Perfusionists), and 604 (relating to Respiratory Care Practitioners). These amendments transferred regulatory responsibility under those occupational licensing statutes from the Department of State Health Services (DSHS) to the Texas Medical Board (TMB) and, in the case of Chapters 601 and 604, to the TMB, together with the Texas Board of Medical Radiologic Technology and the Texas Board of Respiratory Care, respectively. The latter Boards are advisory Boards to the TMB under their respective chapters (hereafter referred to collectively as TMB's "Advisory Boards").

Pursuant to SB 202's transition provisions for the 2015-2017 biennium, DSHS rules for the programs were to remain in effect until changed by TMB, the Texas Board of Medical Radiologic Technology, or the Texas Board of Respiratory Care, as appropriate, pursuant to the amended rulemaking authority under SB 202 for rules governing the transferring programs. The transition of the programs has now been completed and TMB, or its Advisory Boards, with the approval of TMB, as applicable, have adopted new rules for each of the transferred programs to supersede the rules that had governed them during the period of DSHS's regulatory jurisdiction. Those rules are now in effect and located with other TMB rules in Title 22, TAC, Part 9, as follows:

-Perfusionists - Chapter 188.

-Respiratory Care Practitioners - Chapter 186.

-Medical Radiologic Technology - Chapter 194.

The rules in Title 25, TAC, relating to these programs, which governed during the period of DSHS's regulatory jurisdiction, are now obsolete, having been superseded pursuant to SB 202, Section 2.199, and the new rules of TMB and its Advisory Boards. The Executive Commissioner now repeals these obsolete rules from Title 25, TAC, pursuant to the Executive Commissioner's general rulemaking authority for the Health and Human Services System.

COMMENTS

The 30-day comment period ended on August 21, 2017.

During the comment period, no comments were received regarding the proposed rule repeals.

SUBCHAPTER A. PERFUSIONISTS

25 TAC §§140.1 - 140.24

STATUTORY AUTHORITY

The repeals are authorized under Government Code, §531.0055(e), which gives the Executive Commissioner of the HHSC the authority to adopt rules for the health and human services system. This includes repealing rules that are obsolete and no longer necessary.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704776

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 11, 2017

Proposal publication date: July 21, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER E. RESPIRATORY CARE

25 TAC §§140.201, 140.202, 140.204 - 140.218

The repeals are authorized under Government Code, §531.0055(e), which gives the Executive Commissioner of the HHSC the authority to adopt rules for the health and human services system. This includes repealing rules that are obsolete and no longer necessary.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704777

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: December 11, 2017

Proposal publication date: July 21, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER J. MEDICAL RADIOLOGIC TECHNOLOGISTS

25 TAC §§140.501, 140.502, 140.504 - 140.524

The repeals are authorized under Government Code, §531.0055(e), which gives the Executive Commissioner of the HHSC the authority to adopt rules for the health and human services system. This includes repealing rules that are obsolete and no longer necessary.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704778

Karen Ray

Chief Counsel

Department of State Heath Services

Effective date: December 11, 2017

Proposal publication date: July 21, 2017

For further information, please call: (512) 776-6972