TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 157. EMERGENCY MEDICAL CARE

SUBCHAPTER C. EMERGENCY MEDICAL SERVICES TRAINING AND COURSE APPROVAL

25 TAC §157.41

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §157.41, concerning Automated External Defibrillators for Public Access Defibrillation. The repeal of §157.41 is adopted without changes to the proposed text as published in the March 11, 2022, issue of the Texas Register (47 TexReg 1209), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal is necessary to comply with Senate Bill (S.B.) 199, 87th Legislature, Regular Session, 2021, related to the usage and education requirement for automated external defibrillators for public access defibrillation. S.B. 199 repealed Texas Health and Safety Code §779.002, Training - ensuring each user of an automated external defibrillator received training given or approved by DSHS. The repeal of §779.002 also removed all rulemaking authority from the Executive Commissioner concerning training requirements. S.B. 199 reassigned the training obligation under the Texas Education Code by amending Title 2, Public Education, Subtitle D, Educators and School District Employees and Volunteers, Chapter 21, Educators, §21.0541 to revise the requirement for the State Board for Educator Certification to adopt rules for automated external defibrillator training.

COMMENTS

The 31-day comment period ended on April 11, 2022.

During this period, DSHS received a comment regarding the proposed rule repeal from one commenter. A summary of the comment relating to §157.41 and DSHS's response follows.

Comment: The commenter voiced support for the effort to reduce the burden and education responsibilities on the owner of a public access automated external defibrillator through the repeal of §157.41.

Response: DSHS appreciates the supportive comment.

STATUTORY AUTHORITY

The repeal 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 by DSHS, and for the administration of Texas Health and Safety Code, Chapter 1001; Texas Health and Safety Code, Chapter 773, Emergency Medical Services; and S.B. 199, 87th Legislature, Regular Session, 2021, which repealed Texas Health and Safety Code §779.002, Training, related to automated external defibrillators removing the rulemaking authority from the Executive Commissioner and amending the Texas Education Code §21.0541 requiring the State Board for Educator Certification to adopt rules for automated external defibrillator training.

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 June 16, 2022.

TRD-202202277

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: July 6, 2022

Proposal publication date: March 11, 2022

For further information, please call: (512) 484-5470


PART 7. TEXAS MEDICAL DISCLOSURE PANEL

CHAPTER 601. INFORMED CONSENT

25 TAC §§601.2, 601.7, 601.8

The Texas Medical Disclosure Panel (Panel) adopts amendments to §601.2, concerning Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A; §601.7, concerning Informed Consent for Electroconvulsive Therapy; and §601.8, concerning Disclosure and Consent for Hysterectomy. Sections 601.2, 601.7, and 601.8 are adopted without changes to the proposed text as published in the April 1, 2022, issue of the Texas Register (47 TexReg 1670) and will not be republished.

BACKGROUND AND PURPOSE

These amendments are adopted in accordance with Texas Civil Practice and Remedies Code §74.102, which created the Panel to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients and to establish the general form and substance of such disclosure.

SECTION-BY-SECTION SUMMARY

Amendments to §601.2 modify the list of procedures and risks and hazards in subsection (b) regarding the cardiovascular system; subsection (c) regarding digestive system treatments and procedures; (d) regarding the ear system treatments and procedures; (g) regarding the female genital system treatment and procedures; (o) regarding the respiratory system treatments and procedures; and (s) regarding laparoscopic, thoracoscopic and robotic.

Amendments to §601.7 incorporate recommendations regarding informed consent for the use of List A anesthesia/analgesia in connection with the administration of electroconvulsive therapy.

Amendments to §601.8 modify the form regarding the risks and hazards of a hysterectomy. In accordance with Texas Civil Practice and Remedies Code §74.107(e), the Panel provided the proposed amendments to the consent form for hysterectomy to the Texas Medical Board. The Texas Medical Board did not provide any feedback regarding the form.

PUBLIC COMMENT

The 31-day comment period ended May 2, 2022.

During this period, the Panel received no comments regarding the proposed amendments to §601.2 concerning Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A, §601.7 concerning Informed Consent for Electroconvulsive Therapy, or §601.8 concerning Disclosure and Consent for Hysterectomy.

STATUTORY AUTHORITY

The amendments are authorized under Texas Civil Practice and Remedies Code §74.102, which created the Panel in order to prepare lists of medical treatments and surgical procedures that do and do not require disclosure by physicians and health care providers of the possible risks and hazards, and to prepare the forms for the treatments and procedures which do require disclosure; and §74.107, which requires the Panel to develop and prepare written materials to inform a patient or person authorized to consent for a patient of the risks and hazards of a hysterectomy.

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 June 17, 2022.

TRD-202202296

Dr. Noah Appel

Panel Chairman

Texas Medical Disclosure Panel

Effective date: July 7, 2022

Proposal publication date: April 1, 2022

For further information, please call: (512) 497-1339