REVIEW OF AGENCY RULES

Adopted Rule Reviews

Texas Board of Chiropractic Examiners

Title 22, Part 3

The Texas Board of Chiropractic Examiners (Board) adopts the review of Chapter 82, concerning Internal Board Procedures, in accordance with Texas Government Code §2001.039. The proposed notice of intent to review rules was published in the March 27, 2020, issue of the Texas Register (45 TexReg 2211). No comments were received on the proposed rule review.

The Board has assessed whether the reasons for adopting or readopting the rules continue to exist. The Board finds that the rules in Chapter 82, with the exception of §82.4 (Private Donors), are needed, reflect current legal and policy considerations, and reflect current procedures of the Board. The reasons for initially adopting the rules, aside from §82.4, continue to exist.

The Board, therefore, readopts §§82.1 (Dual Office Holding), 82.2 (Merit Selection Principles), 82.3 (Sick Leave Pool), 82.5 (Contracting Monitoring), and 82.6 (Tuition Reimbursement Payments) of Chapter 82. The Board will propose the repeal of §82.4 (Private Donors) in a separate rulemaking action.

TRD-202002092

Christopher Burnett

General Counsel

Texas Board of Chiropractic Examiners

Filed: May 22, 2020


Texas Department of Insurance, Division of Workers' Compensation

Title 28, Part 2

The Texas Department of Insurance, Division of Workers' Compensation (DWC) completed its rule review of 28 Texas Administrative Code Chapters 120, 122, and 124 in their entirety. DWC conducted the rule review under Texas Government Code Section 2001.039.

Notice of the review was published in the January 31, 2020, issue of the Texas Register (45 TexReg 776). There was no request for a public meeting.

The comment period ended March 3, 2020. DWC received two comments.

--The first comment was from the Office of Injured Employee Counsel (OIEC), which supported readopting the chapters. OIEC suggested a general update to website addresses and adjusting administrative penalties for inflation. During DWC's rulemaking process, rules are updated in accordance with any new legislation. Websites and administrative penalties are also revised if necessary.

--The second comment was from American Property Casualty Insurance Association (APCIA), which supported readopting Chapters 120, 122, and 124 with amendments. APCIA suggested modernizing Chapter 124 to permit payment through electronic platforms. 28 TAC §124.5 allows for payment of medical benefits through Electronic Funds Transfer (EFT). An assessment would be required to determine if there would be any additional costs to parties involved for payments made through electronic platforms other than EFT. 28 TAC §124.6, the access card rule, allows for payment by electronic platforms, such as Venmo and PayPal, if all the requirements in the rule are met.

As a result of the rule review, DWC finds that the reasons for initially adopting the rules in 28 TAC Chapters 120, 122, and 124 continue to exist and readopts these rules in accordance with the requirements of Texas Government Code Section 2001.039.

TRD-202002051

Kara Mace

Deputy Commissioner of Legal Services

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 21, 2020