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), proposes the repeal of §157.41, concerning Automated External Defibrillators for Public Access Defibrillation.

BACKGROUND AND PURPOSE

The proposed repeal of §157.41 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 S.B. 199 repealed Texas Health and Safety Code §779.002 (Automated External Defibrillators), which removed the rulemaking authority from the Executive Commissioner concerning training requirements and amended Texas Education Code §21.0541 to revise the requirement for the State Board for Educator Certification to adopt rules for automated external defibrillator training.

This rule was reviewed by the Governor's EMS and Trauma Advisory Council (as required by Texas Health and Safety Code §773.012) in a public meeting on September 17, 2021. No comments were received from the advisory council.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §157.41 removes the rule from 25 TAC Chapter 157, Subchapter C.

FISCAL NOTE

Donna Shepperd, DSHS Chief Financial Officer, has determined that for each year of the first five years that the repeal will be in effect, enforcing or administering the repeal does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rule will be in effect:

(1) the proposed repeal will not create or eliminate a government program;

(2) implementation of the repeal will not affect the number of DSHS employee positions;

(3) implementation of the repeal will result in no assumed change in future legislative appropriations;

(4) the proposed repeal will not affect fees paid to DSHS;

(5) the proposed repeal will not create a new rule;

(6) the proposed repeal will repeal an existing rule;

(7) the proposed repeal will not change the number of individuals subject to the rule; and

(8) the proposed repeal will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Donna Sheppard has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. Under the proposed repeal there are no requirements to alter current business practices and there are no new fees or costs imposed.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons and is necessary to implement legislation that does not specifically state that §2001.0045 applies to the rule.

PUBLIC BENEFIT AND COSTS

Timothy Stevenson, DVM, PhD, Associate Commissioner, has determined that for each year of the first five years the repeal of the rule is in effect, the public benefit will result in a reduced burden and education responsibilities on the owner of a public access automated external defibrillator.

Donna Sheppard has also determined that for each year of the first five years the repeal of the rule is in effect that there are no anticipated economic costs to persons who are required to comply with the repeal of the rule.

TAKINGS IMPACT ASSESSMENT

DSHS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Joseph W. Schmider, State EMS Director, Department of State Health Services, EMS/Trauma Systems, 1100 West 49th Street, Room 441, Mail Code 1876, Austin, Texas 78756, or email EMSInfo@dshs.texas.gov.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period or (2) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 21R142" in the subject line.

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 of 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 (Automated External Defibrillators) removing the rulemaking authority from the Executive Commissioner and amending the Texas Education Code §21.0541 to revise the requirement for the State Board for Educator Certification to adopt rules for automated external defibrillator training.

The repeal affects Texas Government Code, Chapter 531 and Texas Health and Safety Code, Chapter 1001.

§157.41.Automated External Defibrillators for Public Access Defibrillation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 25, 2022.

TRD-202200688

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: April 10, 2022

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