TITLE 26. HEALTH AND HUMAN SERVICES

PART 1. HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 742. MINIMUM STANDARDS FOR LISTED FAMILY HOMES

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §742.401, concerning What are the notification requirements; and new §742.806, concerning What are the requirements if my home chooses to maintain and administer unassigned epinephrine auto-injectors, in Title 26, Texas Administrative Code (TAC), Chapter 742, Minimum Standards for Listed Family Homes. The amended §742.401 and new §742.806 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 TexReg 4545). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amended and new rules are necessary to implement House Bill (H.B.) 4260, 86th Legislature, Regular Session, 2019. H.B. 4260 added §773.0145 to Texas Health and Safety Code. This statute allows the Texas Department of State Health Services (DSHS) to designate in rule an entity that would benefit from the possession and use of unassigned epinephrine auto-injectors, so that the entity could then adopt a policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors. This statute also includes specific requirements that an entity must follow and requires DSHS to adopt rules regarding an entity's maintenance, administration, and disposal of unassigned epinephrine auto-injectors.

In February 2021, the Executive Commissioner of HHSC, on behalf of DSHS, adopted the rules required by Texas Health and Safety Code §773.0145 in 25 TAC Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities). These rules allow certain youth facilities, including listed family homes, to voluntarily adopt policies relating to maintenance, administration, and disposal of unassigned epinephrine auto-injectors. The amended and new rule further support the rules adopted on behalf of DSHS by allowing a listed family home to voluntarily adopt unassigned epinephrine auto-injector policies, provided the listed family home follows the rules adopted on behalf of DSHS.

COMMENTS

The 31-day comment period ended August 30, 2021. During this period, HHSC did not receive any comments regarding the proposed rules.

SUBCHAPTER D. NOTIFICATIONS AND LIABILITY INSURANCE REQUIREMENTS

26 TAC §742.401

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103920

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


SUBCHAPTER H. HEALTH AND SAFETY PRACTICES

26 TAC §742.806

STATUTORY AUTHORITY

The new section is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103921

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


CHAPTER 743. MINIMUM STANDARDS FOR SHELTER CARE

SUBCHAPTER D. SAFETY PRACTICES

26 TAC §743.301

The Texas Health and Human Services Commission (HHSC) adopts new §743.301, concerning What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors, in Title 26, Texas Administrative Code (TAC), Chapter 743, Minimum Standards for Shelter Care, new Subchapter D, Safety Practices. New §743.301 is adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 TexReg 4547). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The new rule is necessary to implement House Bill (H.B.) 4260, 86th Legislature, Regular Session, 2019. H.B. 4260 added §773.0145 to Texas Health and Safety Code. This statute allows the Texas Department of State Health Services (DSHS) to designate in rule an entity that would benefit from the possession and use of unassigned epinephrine auto-injectors, so that the entity could then adopt a policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors. This statute also includes specific requirements that an entity must follow and requires DSHS to adopt rules regarding an entity's maintenance, administration, and disposal of unassigned epinephrine auto-injectors.

In February 2021, the Executive Commissioner of HHSC, on behalf of DSHS, adopted the rules required by Texas Health and Safety Code §773.0145 in 25 TAC Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities). These rules allow certain youth facilities, including temporary shelter care operations, to voluntarily adopt policies relating to maintenance, administration, and disposal of unassigned epinephrine auto-injectors. The new rule further supports the rules adopted on behalf of DSHS by allowing a temporary shelter care operation to voluntarily adopt unassigned epinephrine auto-injector policies, provided the operation follows the rules adopted on behalf of DSHS.

COMMENTS

The 31-day comment period ended August 30, 2021. During this period, HHSC did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

The new section is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103922

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


CHAPTER 744. MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS

The Texas Health and Human Services Commission (HHSC) adopts amendments to §744.307, concerning What emergency or medical situations must I notify parents about; §744.501, concerning What written operational policies must I have; and §744.701, concerning What written records must I keep of accidents and incidents that occur at my operation, in Title 26, Texas Administrative Code (TAC), Chapter 744, Minimum Standards for School-Age and Before or After-School Programs.

The amended §§744.307, 744.501, and 744.701 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 TexReg 4548). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to implement House Bill (H.B.) 4260, 86th Legislature, Regular Session, 2019. H.B. 4260 added §773.0145 to Texas Health and Safety Code. This statute allows child-care facilities, as defined in Texas Human Resources Code §42.002, and other entities to adopt a policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors. This statute also includes specific requirements that an entity must follow and requires the Department of State Health Services (DSHS) to adopt rules regarding an entity's maintenance, administration, and disposal of unassigned epinephrine auto-injectors.

In February 2021, the Executive Commissioner of HHSC, on behalf of DSHS, adopted the rules required by Texas Health and Safety Code §773.0145 in 25 TAC Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities). Consistent with Health and Safety Code §773.0145, these rules allow certain youth facilities, including child-care facilities, to voluntarily adopt policies relating to maintenance, administration, and disposal of unassigned epinephrine auto-injectors. The amended rules further support the rules adopted on behalf of DSHS by allowing a child-care facility to voluntarily adopt unassigned epinephrine auto-injector policies, provided the child-care facility follows the rules adopted on behalf of DSHS.

COMMENTS

The 31-day comment period ended August 30, 2021. During this period, HHSC did not receive any comments regarding the proposed rules.

SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION

DIVISION 2. REQUIRED NOTIFICATIONS

26 TAC §744.307

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103925

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION

DIVISION 4. OPERATIONAL POLICIES

26 TAC §744.501

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103926

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


SUBCHAPTER C. RECORD KEEPING

DIVISION 2. RECORDS OF ACCIDENTS AND INCIDENTS

26 TAC §744.701

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103927

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


CHAPTER 745. LICENSING

SUBCHAPTER D. APPLICATION PROCESS

DIVISION 11. EMPLOYER-BASED CHILD CARE

26 TAC §745.469

The Texas Health and Human Services Commission (HHSC) adopts new §745.469, concerning What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors, in Title 26, Texas Administrative Code (TAC), Chapter 745, Licensing, Subchapter D, Application Process, Division 11, Employer-Based Child Care.

New §745.469 is adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 TexReg 4551). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The new rule is necessary to implement House Bill (H.B.) 4260, 86th Legislature, Regular Session, 2019. H.B. 4260 added §773.0145 to Texas Health and Safety Code. This statute allows the Texas Department of State Health Services (DSHS) to designate in rule an entity that would benefit from the possession and use of unassigned epinephrine auto-injectors, so that the entity could then adopt a policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors. This statute also includes specific requirements that an entity must follow and requires DSHS to adopt rules regarding an entity's maintenance, administration, and disposal of unassigned epinephrine auto-injectors.

In February 2021, the Executive Commissioner of HHSC, on behalf of DSHS, adopted the rules required by Texas Health and Safety Code §773.0145 in 25 TAC Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities). These rules allow certain youth facilities, including employer-based child-care facilities, to voluntarily adopt policies relating to maintenance, administration, and disposal of unassigned epinephrine auto-injectors. The new rule supports the rules adopted on behalf of DSHS by allowing an employer-based child-care facility to voluntarily adopt unassigned epinephrine auto-injector policies, provided the facility follows the rules adopted on behalf of DSHS.

COMMENTS

The 31-day comment period ended August 30, 2021. During this period, HHSC did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

The new section is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103928

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


CHAPTER 746. MINIMUM STANDARDS FOR CHILD-CARE CENTERS

The Texas Health and Human Services Commission (HHSC) adopts amendments to §746.307, concerning What emergency or medical situations must I notify parents about; §746.501, concerning What written operational policies must I have; §746.701, concerning What written records must I keep of accidents and incidents that occur at my child-care center; and §746.801, concerning What records must I keep at my child-care center, in Title 26, Texas Administrative Code (TAC), Chapter 746, Minimum Standards for Child-Care Centers. The amended §§746.307, 746.501, 746.701, and 746.801 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 TexReg 4553). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to implement House Bill (H.B.) 1849 and H.B. 4260, 86th Legislature, Regular Session, 2019. H.B. 1849 added §42.067 to Texas Human Resources Code, to allow a licensed child-care center to administer and store unassigned epinephrine auto-injectors, provided the child-care center meets certain requirements when an unassigned epinephrine auto-injector has been used on a child, and requirements related to storage, training, and notification.

H.B. 4260 added §773.0145 to Texas Health and Safety Code. This statute allows child-care facilities, as defined in Texas Human Resources Code §42.002, and other entities, to adopt a policy regarding maintenance, administration, and disposal of unassigned epinephrine auto-injectors. This statute also includes specific requirements that an entity must follow and requires the Texas Department of State Health Services (DSHS) to adopt rules regarding an entity's maintenance, administration, and disposal of unassigned epinephrine auto-injectors.

In February 2021, the Executive Commissioner of HHSC, on behalf of DSHS, adopted the rules required by Texas Health and Safety Code §773.0145 in 25 TAC Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities). Consistent with Health and Safety Code §773.0145, these rules allow certain youth facilities, including child-care facilities, to voluntarily adopt policies relating to maintenance, administration, and disposal of unassigned epinephrine auto-injectors. The rules adopted on behalf of DSHS also generally address the requirements listed in Texas Human Resources Code §42.067. The amended rules further support the rules adopted on behalf of DSHS by allowing a child-care facility to voluntarily adopt unassigned epinephrine auto-injector policies, provided the child-care facility follows the rules adopted on behalf of DSHS.

COMMENTS

The 31-day comment period ended August 30, 2021. During this period, HHSC received one comment regarding the proposed rules from Kids Count Too, a licensed child-care center. A summary of the comment relating to the rules and HHSC's response follows.

Comment: Regarding §746.801(23), one commenter opposed the rule based on concerns that Child Care Regulation will require all child-care centers to obtain an unassigned prescription for an epinephrine auto-injector. The commenter stated child-care centers do not have the ability or expertise to obtain and administer medications to children for whom the medication is not explicitly prescribed.

Response: HHSC disagrees with the comment and declines to revise the rule. §746.801(23) relates to documentation requirements for child-care centers that choose to maintain and administer unassigned epinephrine auto-injectors. Any requirements associated with the use of an auto-injector are contingent on whether a child-care center volunteers to administer and maintain unassigned epinephrine auto-injectors. If a child-care center finds that administering and maintaining unassigned epinephrine auto-injectors is beyond the scope of the center's abilities, the center is not required to obtain, maintain, or administer an unassigned epinephrine auto-injector.

SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION

DIVISION 2. REQUIRED NOTIFICATION

26 TAC §746.307

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103929

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


DIVISION 4. OPERATIONAL POLICIES

26 TAC §746.501

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103930

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


SUBCHAPTER C. RECORD KEEPING

DIVISION 2. RECORDS OF ACCIDENTS AND INCIDENTS

26 TAC §746.701

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103931

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


DIVISION 3. RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE CENTER

26 TAC §746.801

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103932

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


CHAPTER 747. MINIMUM STANDARDS FOR CHILD-CARE HOMES

The Texas Health and Human Services Commission (HHSC) adopts amendments to §747.305, concerning What emergency and medical situations must I notify parents about; §747.501, concerning What written operational policies must I have; and §747.701, concerning What written records must I keep of accidents and incidents that occur at my child-care home; and the repeal of §747.2107, concerning Am I required to have a written activity plan, in Title 26, Texas Administrative Code (TAC), Chapter 747, Minimum Standards for Child-Care Homes. The amended §§747.305, 747.501, and 747.701, and the repeal of §747.2107 are adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 TexReg 4557). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to implement House Bill (H.B.) 4260, 86th Legislature, Regular Session, 2019. H.B. 4260 added §773.014 to Texas Health and Safety Code. This statute allows child-care facilities, as defined in Texas Human Resources Code §42.002, and other entities to adopt a policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors. This statute also includes specific requirements that an entity must follow and requires the Texas Department of State Health Services (DSHS) to adopt rules regarding an entity's maintenance, administration, and disposal of unassigned epinephrine auto-injectors.

In February 2021, the Executive Commissioner of HHSC, on behalf of DSHS, adopted the rules required by Texas Health and Safety Code §773.0145 in 25 TAC Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities). Consistent with Texas Health and Safety Code §773.0145, these rules allow certain youth facilities, including child-care facilities, to voluntarily adopt policies relating to maintenance, administration, and disposal of unassigned epinephrine auto-injectors. The amended rules further support the rules adopted on behalf of DSHS by allowing a child-care facility to voluntarily adopt unassigned epinephrine auto-injector policies, provided the child-care facility follows the rules adopted on behalf of DSHS.

The repeal is necessary to update the implementation of Senate Bill (S.B.) 952, 86th Legislature, Regular Session, 2019. S.B. 952 added §42.042(e-3), (e-4), and (e-5) to Texas Human Resources Code. New §42.042(e-3)(1) required HHSC Child Care Regulation (CCR) to align the minimum standards for child-care centers and registered child-care homes with standards for physical activity and screen time in Caring for Our Children (CFOC), 4th edition. CCR extended these requirements to licensed child-care homes in Chapter 747 and adopted rules in March 2021 that incorporated the physical activity and screen time requirements outlined by CFOC. The rules added a new requirement for licensed and registered child-care homes to maintain a written activity plan that includes the physical activity components of the CFOC. This proposal clarifies that requirement by repealing a contradictory rule that allows licensed and registered child-care homes the option of having a written activity plan.

COMMENTS

The 31-day comment period ended August 30, 2021. During this period, HHSC did not receive any comments regarding the proposed rules.

SUBCHAPTER B. ADMINISTRATION AND COMMUNICATION

DIVISION 2. REQUIRED NOTIFICATIONS

26 TAC §747.305

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103933

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


DIVISION 4. OPERATIONAL POLICIES

26 TAC §747.501

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103934

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


SUBCHAPTER C. RECORD KEEPING

DIVISION 2. RECORDS OF ACCIDENTS AND INCIDENTS

26 TAC §747.701

STATUTORY AUTHORITY

The amendment is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103935

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


SUBCHAPTER F. DEVELOPMENTAL ACTIVITIES AND ACTIVITY PLAN

26 TAC §747.2107

STATUTORY AUTHORITY

The repeal is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103936

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269


CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS

SUBCHAPTER L. MEDICATION

DIVISION 8. UNASSIGNED EPINEPHRINE AUTO-INJECTORS

26 TAC §748.2271

The Texas Health and Human Services Commission (HHSC) adopts new §748.2271, concerning What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors, in Title 26, Texas Administrative Code (TAC), Chapter 748, Minimum Standards for General Residential Operations, Subchapter L, Medication, new Division 8, Unassigned Epinephrine Auto-Injectors.

New §748.2271 is adopted without changes to the proposed text as published in the July 30, 2021, issue of the Texas Register (46 TexReg 4561). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The new rule is necessary to implement House Bill (H.B.) 4260, 86th Legislature, Regular Session, 2019. H.B. 4260 added §773.0145 to Texas Health and Safety Code. This statute allows child-care facilities, as defined in Texas Human Resources Code §42.002, and other entities to adopt a policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors. This statute also includes specific requirements that an entity must follow and requires the Texas Department of State Health Services (DSHS) to adopt rules regarding an entity's maintenance, administration, and disposal of unassigned epinephrine auto-injectors.

In February 2021, the Executive Commissioner of HHSC, on behalf of DSHS, adopted the rules required by Texas Health and Safety Code §773.0145 in 25 TAC Chapter 40, Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth Facilities). Consistent with Texas Health and Safety Code §773.0145, these rules allow certain youth facilities, including child-care facilities, to voluntarily adopt policies relating to maintenance, administration, and disposal of unassigned epinephrine auto-injectors. The new rule further supports the rules adopted on behalf of DSHS by allowing a child-care facility to voluntarily adopt unassigned epinephrine auto-injector policies, provided the child-care facility follows the rules adopted on behalf of DSHS.

COMMENTS

The 31-day comment period ended August 30, 2021. During this period, HHSC did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

The new section is adopted under 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 agencies, and Texas Government Code §531.02011, which transferred the regulatory functions of the Texas Department of Family and Protective Services to HHSC. In addition, Texas Human Resources Code §42.042(a) requires HHSC to adopt rules to carry out the requirements of Texas Human Resources Code Chapter 42.

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 October 5, 2021.

TRD-202103937

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: October 25, 2021

Proposal publication date: July 30, 2021

For further information, please call: (512) 438-3269