1. law, govt and politics

TITLE 1. ADMINISTRATION
PART 8.
TEXAS JUDICIAL COUNCIL
appoint counsel after the Article 15.17 hearing and before indictment).
CHAPTER 174. INDIGENT DEFENSE
POLICIES AND STANDARDS
SUBCHAPTER D. INDIGENT DEFENSE
PROCEDURE REQUIREMENTS
Effect of Proposed Rule: If adopted by the Commission, the rule
would require each county to provide a procedure in its indigent
defense plan to permit a defendant to make a request for counsel
after the initiation of adversarial judicial proceedings. This typically will be at the Article 15.17 hearing (magistration) or at the
time a case is filed by the prosecutor when a defendant is cited
and released or makes bond prior to an Article 15.17 hearing.
1 TAC §174.51
FISCAL NOTE
The Texas Judicial Council proposes new §174.51, concerning
Indigent Defense Plan Requirements. The proposed administrative rule is related to requests for counsel post-magistration.
Ms. Glenna Rhea Bowman, Chief Financial Officer of the Office of Court Administration, has determined that for each year
of the first five years the proposed rule is in effect, enforcing or
administering the section will have no fiscal impact on local governments.
A statutory change was proposed at the legislative workgroup by
the Texas Fair Defense Project (TFDP) to clarify that defendants
may request counsel at any time after the initiation of adversary
judicial proceedings. The proposal was considered by the Policies and Standards Committee, which in turn recommended to
the full Commission that the issue be addressed via an administrative rule rather than legislation.
Background on Proposal: TFDP operates an intake program
through which they provide information and assistance related
to the indigent defense system to criminal defendants. Through
this program, TFDP responds to over 300 requests for assistance each year.
A substantial percentage of these requests involve defendants
who did not request counsel at their Article 15.17 hearing and
who cannot afford to hire counsel. They contact TFDP because
they are trying to determine how to request counsel prior to their
first court appearance so that they can consult with appointed
counsel before they go to court. While many counties have procedures for accepting and processing requests for counsel from
defendants in this situation, TFDP has encountered a number
of counties that do not allow defendants to request appointed
counsel during the time period between the Article 15.17 hearing and the first appearance. This period may span months or
even years.
Current law does not specifically require a county to have procedures for making applications for counsel available to, or accepting completed applications from, defendants during this interim
period. However, counties that do not have such procedures
are unable to comply with the requirement that their indigent defense plan ensures that defendants have "an opportunity to confer with appointed counsel before the commencement of judicial
proceedings." TEX. CODE CRIM. PROC. art. 26.4(b)(3). These
counties also may be liable for civil damages. See Rothgery
v. Gillespie County, 554 U.S. 191 (2008) (allowing 1983 suit to
proceed when county refused to accept counsel application or
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Bowman has determined that there will be no material economic costs to persons who are required to comply with the proposed rule, nor does the new rule have any anticipated adverse
effect on small or micro-businesses.
PUBLIC BENEFIT
Mr. Jim Bethke, Executive Director of the Commission, has also
determined that for each of the first five years the proposed rule
is in effect the public benefit will be an improvement in the quality
of indigent defense services because of the enhanced ability of
indigent criminal defendants to request the appointment of an
attorney after being released from custody on bond.
REGULATORY ANALYSIS
The Commission has determined that this proposal is not a
"major environmental rule" as defined by Government Code,
§2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
TAKINGS IMPACT ASSESSMENT
The board has determined that the proposed rule 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
PROPOSED RULES
January 16, 2015
40 TexReg 313
Comments on the proposed new rule may be submitted
in writing to Wesley Shackelford, Deputy Director/Special
Counsel, Texas Indigent Defense Commission, 209 W. 14th
St. Suite 202, Austin, Texas 78701 or by email to [email protected]. Comments will be accepted for 30 days
following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
The proposed rule is authorized by Texas Government Code
§79.035(a), which requires the Commission to monitor the effectiveness of the county's indigent defense policies, standards,
and procedures and to ensure compliance by the county with
the requirements of state law relating to indigent defense. The
rule is also proposed under §79.034(a)(13), which authorizes the
Commission to adopt policies and standards for providing indigent defense services. The rule is also proposed under §79.021,
which directs the Commission to adopt rules as necessary to implement this chapter.
No other statutes, articles, or codes are affected by the proposal.
§174.51. Indigent Defense Plan Requirements.
The countywide procedures adopted under Art. 26.04(a), Code of
Criminal Procedure, must provide a method to allow defendants to
obtain the necessary forms for requesting appointment of counsel and
to submit completed forms for requesting appointment of counsel at
any time after the initiation of adversary judicial proceedings.
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 January 5, 2015.
TRD-201500012
Wesley Shackelford
Deputy Director/Special Counsel
Texas Judicial Council
Earliest possible date of adoption: February 15, 2015
For further information, please call: (512) 936-6994
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PART 15. TEXAS HEALTH AND
HUMAN SERVICES COMMISSION
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER L. TEXAS DUAL ELIGIBLES
INTEGRATED CARE DEMONSTRATION
PROJECT
1 TAC §§353.1101, 353.1103, 353.1105, 353.1107, 353.1109,
353.1111, 353.1113, 353.1115
The Texas Health and Human Services Commission (HHSC)
proposes to add a new subchapter entitled Texas Dual Eligibles Integrated Care Demonstration Project under Title 1, Part
15, Chapter 353, Subchapter L, to implement a new HHSC initiative for individuals dually eligible for Medicare and Medicaid
("dual eligibles"). Specifically HHSC proposes new §§353.1101,
353.1103, 353.1105, 353.1107, 353.1109, 353.1111, 353.1113,
and 353.1115.
Background and Justification
40 TexReg 314
January 16, 2015
Texas Register
Federal law created the Federal Coordinated Health Care Office ("Medicare-Medicaid Coordination Office"). This office is
charged with supporting the coordination of Medicare and Medicaid to allow the two programs to work together more effectively to
improve care and lower costs. The Financial Alignment Demonstration, also referred to as the Dual Demonstration, was created
by the Medicare-Medicaid Coordination Office.
In May 2014, HHSC received federal approval to implement the
Dual Demonstration, a fully integrated, capitated model that involves a three-party agreement between a managed care organization (MCO) with an existing STAR+PLUS contract, HHSC,
and the Centers for Medicare & Medicaid Services (CMS) for the
provision of the full array of Medicare and Medicaid services.
The initiative will test an innovative payment and service delivery model to alleviate fragmentation and improve coordination
of services for dual eligibles, enhance quality of care, and reduce costs for both the state and federal government. The Dual
Demonstration is scheduled to begin March 1, 2015, and will
continue until December 31, 2018.
The proposed new rules outline the major differences and impacts the Dual Demonstration has on dual eligibles compared
to the current STAR+PLUS rules. The proposed new rules describe member participation, member enrollment and disenrollment, participating providers, benefits, appeals and fair hearings, network adequacy standards, and accessibility of services.
Section-by-Section Summary
Proposed §353.1101, Purpose, introduces this new subchapter
of rules as relevant to the Dual Demonstration and clarifies that
this demonstration is a joint effort between HHSC and CMS.
Proposed §353.1103, General Provisions, outlines the partnership between HHSC and CMS in administering this program and
lists the counties in which the Dual Demonstration will operate.
Proposed §353.1105, Eligibility, describes the eligibility criteria
for dual eligible members.
Proposed §353.1107, Member Enrollment and Disenrollment,
describes the process for enrolling and disenrolling in the Dual
Demonstration.
Proposed §353.1109, Participating Providers, describes criteria
for providers who provide services in the Dual Demonstration.
Proposed §353.1111, Benefits, describes the services that are
offered in the Dual Demonstration.
Proposed §353.1113, Appeals and Fair Hearings, describes
the appeals process relating to Medicaid benefits in the Dual
Demonstration.
Proposed §353.1115, Network Adequacy for Certain Service
Providers, describes certain network adequacy standards in the
Dual Demonstration.
Fiscal Note
Greta Rymal, Deputy Executive Commissioner for Financial
Services, has determined that during the first five year period
the new rules are in effect, there will be implications relating
to costs to state government. The proposed new rules allow
the Medicare and Medicaid programs to work together more
effectively. The expected cost savings are $26,838,641 General Revenue (GR) ($64,054,037 All Funds (AF)) for State
Fiscal Year (SFY) 2015, $112,055,455 GR ($262,424,953 AF)
for SFY 2016, $128,024,420 GR ($299,332,288 AF) for SFY
2017, $147,402,417 GR ($344,639,741 AF) for SFY 2018, and
$51,353,200 GR ($120,068,272 AF) for SFY 2019.
Mrs. Rymal has also determined there are no anticipated economic costs to persons who are required to comply with the proposed rules. There is no anticipated negative impact on local
employment.
Small and Micro-Business Impact Analysis
HHSC has also determined that there will not be an adverse
effect on small businesses or micro-businesses to comply with
the new requirements, as they will not be required to alter their
business practices as a result of the proposed rules.
Public Benefit
Chris Traylor, Chief Deputy Commissioner, has determined that
for each year of the first five years the Dual Demonstration and
the proposed rules are in effect, the public will benefit from the
adoption of the rules. The anticipated public benefit of the Dual
Demonstration will be an innovative payment and service delivery model to alleviate fragmentation and improve coordination of
services for dual eligibles.
Regulatory Analysis
HHSC has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government
Code. "Major environmental rule" is defined to mean a rule the
specific intent of which is to protect the environment or reduce
risk to human health from environmental exposure and that may
adversely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment or the
public health and safety of a state or a sector of the state. This
proposal is not specifically intended to protect the environment
or reduce risks to human health from environmental exposure.
Takings Impact Assessment
HHSC has determined that this 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 §2007.043 of the Government Code.
Public Comment
Written comments on the proposed rules may be submitted to
Rhyne Simon, Project Manager, Medicaid and CHIP Division,
Texas Health and Human Services Commission, 4900 North
Lamar Boulevard MC H600, Austin, Texas, 78751; by fax to
(512) 424-6918; or by e-mail to [email protected]
within 30 days of publication of this proposal in the Texas
Register.
No other statutes, articles, or codes are affected by this proposal.
§353.1101. Purpose.
The purpose of this subchapter is to implement the Texas Dual Eligibles
Integrated Care Demonstration Project (Dual Demonstration) which is
a federal-state partnership between the Centers for Medicare & Medicaid Services (CMS) and the Texas Health and Human Services Commission (HHSC) that provides integrated Medicare and Medicaid services through a managed care model.
§353.1103. General Provisions.
(a) HHSC, in conjunction with CMS, administers the Dual
Demonstration. The Medicare and Medicaid services are provided
through STAR+PLUS Medicare-Medicaid Plans (MMPs).
(b) A STAR+PLUS MMP is a managed care plan contracted
with CMS and HHSC to participate in the Dual Demonstration.
(c) Oversight of Medicare Advantage and Medicare Part D is
the responsibility of CMS.
(d) All other rules in this chapter governing managed care apply to the Dual Demonstration, as applicable, unless specific deviations
are noted in this subchapter.
(e) The Dual Demonstration serves members whose primary
residence is in one of the following counties:
(1) Bexar;
(2) Dallas;
(3) El Paso;
(4) Harris;
(5) Hidalgo;
(6) Tarrant; and
(7) other counties as authorized by a federal waiver approved by CMS. The dual demonstration will not be implemented in
other counties without prior public notice.
§353.1105. Eligibility.
(a) Enrollment in the Dual Demonstration is optional for dual
eligible individuals who live in the designated counties and meet the
following criteria:
(1) eligible for STAR+PLUS, including those eligible for
STAR+PLUS home and community-based waiver services;
(2) enrolled in Medicare Parts A, B, and D; and
(3) age 21 or older.
(b) The following dual eligible individuals cannot participate
in the Dual Demonstration:
Public Hearing
A public hearing is scheduled for February 2, 2015, from 8:30
a.m. to 9:30 a.m. at 4900 North Lamar Boulevard (Brown-Heatly
Building), Austin, Texas 78751, Public Hearing Room. Persons
requiring further information, special assistance, or accommodations should contact Kristine Dahlmann at (512) 462-6299.
Statutory Authority
The new rules are proposed under Texas Government Code
§531.033, which provides the Executive Commissioner of HHSC
with broad rulemaking authority; and Human Resources Code
§32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical
assistance (Medicaid) program in Texas.
(1) under age 21;
(2) individuals not eligible for STAR+PLUS, including individuals:
(A) residing in an intermediate care facility for individuals with an intellectual disability or related conditions;
(B) receiving services under the following Medicaid
1915(c) waivers:
(i)
Home and Community-based Services (HCS);
(ii)
Community Living Assistance and Support Ser-
vices (CLASS);
PROPOSED RULES
January 16, 2015
40 TexReg 315
(iii) Texas Home Living (TxHmL); or
(iv) Deaf Blind with Multiple Disabilities (DBMD);
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority
to adopt.
(C) not eligible for full Medicaid benefits; or
(D) in the conservatorship of the Texas Department of
Family and Protective Services.
§353.1107. Member Enrollment and Disenrollment.
(a) HHSC and CMS, or their designee(s), conduct enrollment
and disenrollment activities.
(b) HHSC and CMS establish procedures for enrolling new
members into participating MMPs, including enrollment periods and
time limits within which enrollment must occur.
(c) HHSC assigns eligible individuals to an MMP based on
current Medicare or Medicaid enrollment.
(d) Beginning 60 days prior to the enrollment of an eligible
individual in the Dual Demonstration, HHSC sends initial and reminder
notifications of the proposed assigned MMP to the eligible individual,
informing the individual of their right to either opt out of the Dual
Demonstration or to select another MMP.
(e) At any time prior to enrollment, individuals may choose
not to participate in the Dual Demonstration, or to select another MMP
in their county by notifying HHSC or CMS.
(f) Once enrolled, individuals may notify HHSC or CMS of
the choices referenced in subsection (e) of this section at any time. An
individual's choice to not participate in the Dual Demonstration or to
select another MMP is effective the first day of the month following
the date the individual notified HHSC or CMS.
§353.1109. Participating Providers.
Acute care and long-term services and supports providers who serve
Medicare and Medicaid members are eligible to participate in the Dual
Demonstration if they:
(1)
meet licensing standards, as applicable;
(2)
meet the STAR+PLUS MMP's credentialing standards;
(3)
have a contract with an MMP.
and
§353.1111. Benefits.
Members enrolled in the Dual Demonstration have access to acute care
and long-term covered services and supports under Medicare and Medicaid which are coordinated through a single, integrated managed care
plan, the MMP.
§353.1113. Appeals and Fair Hearings.
For Medicaid covered services, members enrolled in the Dual Demonstration have 60 days from a notice of action to file an appeal with the
STAR+PLUS MMP. Members may also file a request for an HHSC fair
hearing instead of, or in addition to, a health plan appeal. Rules governing fair hearings for Medicaid covered services are in Chapter 357,
Subchapter A, of this title (relating to Uniform Fair Hearing Rules).
§353.1115. Network Adequacy for Certain Service Providers.
STAR+PLUS MMPs will adhere to Medicare network adequacy standards set forth by CMS for the following types of Medicaid benefits:
(1)
nursing facility;
(2)
speech therapy;
(3)
occupational therapy; and
(4)
physical therapy.
40 TexReg 316
January 16, 2015
Filed with the Office of the Secretary of State on December 31,
2014.
TRD-201406333
Jack Stick
Chief Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: February 15, 2015
For further information, please call: (512) 424-6900
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TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION
COORDINATING BOARD
CHAPTER 4. RULES APPLYING TO
ALL PUBLIC INSTITUTIONS OF HIGHER
EDUCATION IN TEXAS
SUBCHAPTER P. APPROVAL OF DISTANCE
EDUCATION COURSES AND PROGRAMS FOR
PUBLIC INSTITUTIONS
19 TAC §§4.257 - 4.260
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §§4.257 - 4.260 of Board rules
concerning the approval of distance education courses and programs for public institutions.
The intent of the amendment is to provide accurate definitions of
terms, provisions and standards in the Chapter 4, Subchapter P
rules. Language has been added to standardize the reference
of Southern Association of College and Schools Commission on
Colleges when used in the rule text throughout Chapter 4. Language has also been added to accurately reference the International Association for Continuing Education and Training as it
relates to continuing education. The amended rules will affect
public institutions of higher education on or after the 2015 fall
semester.
Dr. Rex Peebles, Assistant Commissioner for Academic Quality
and Workforce, has determined that for the first five years there
will be no fiscal implications for state or local governments as a
result of amending §§4.257 - 4.260.
Dr. Peebles has also determined that for the first five years the
amendments are in effect, the public benefits anticipated as a result of administering the sections will be the clarification of definitions, provisions and standards in the Definitions, General Provisions, Institutional Plan for Distance Education, and Standards
and Criteria for Institutions sections of Chapter 4, Subchapter P
rules. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply
with the sections as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted by
mail to Rex C. Peebles, Assistant Commissioner, Texas Higher
Texas Register
Education Coordinating Board, P.O. Box 12788, Austin, Texas
78711 or via email at [email protected].
Comments will be accepted for 30 days following publication of
the proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, Chapter 61, Subchapter C, §61.0512(g), which provides
the Board with the authority to approve distance education
programs and courses.
The amendments do not affect the Texas Education Code.
§4.257. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (4)
(No change.)
(5) Continuing
Education
Course--A
non-credit
[Coordinating Board-approved] higher education technical course
offered for continuing education units, has specific occupational
and/or apprenticeship training objectives, and provides a quick and
flexible response to business, industry, and student needs for intensive
preparatory, supplemental, or upgrade training and education [and
conducted in a competency-based format. Such a course has specific
occupational and/or apprenticeship training objectives].
(6) - (16)
(No change.)
(17) Non-credit Course--A course that results in the award
of continuing education units (CEU) as specified by International Association for Continuing Education and Training (IACET) [Southern
Association of Colleges and Schools (SACS)] criteria. Only courses
that result in the award of CEUs may be submitted for state funding.
(18) - (22)
(No change.)
(23) Regular On-Campus Student--A student who is admitted to an institution, the majority of whose semester credit hours
are reported for formula funding and more than 50 percent of [whose]
coursework is primarily taken at an institution's main campus or on
one or more of the campuses within a multi-campus community college system.
(24) - (25)
(No change.)
(26) Workforce continuing education course--A course offered for continuing education units (CEUs) with an occupationally
specific objective and supported by state funding. A career technical/workforce continuing education course differs from a community
service course offered for recreational or avocational purposes which
is not supported by state funding.
[(26) Workforce Continuing Education Course--A course
of ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction,
and qualified instruction, as outlined in the Guidelines for Instructional
Programs in Workforce Education with an occupationally specific objective and supported by state appropriations. Workforce continuing
education courses are offered by community and technical colleges and
differ from a community service course which is not eligible for state
reimbursement and is offered for recreational or a vocational purposes.]
§4.258. General Provisions.
(a) This subchapter governs the following types of instruction
provided through distance education:
(1) Academic credit courses, degree and certificate programs, and self-supporting courses and programs provided by all
public institutions of higher education; and
(2) Formula-funded workforce credit courses and continuing education provided by a public community college, Lamar State
College, or public technical college.
(b) (No change.)
§4.259. Institutional Plan for Distance Education.
(a) (No change.)
(b) Institutional academic and administrative policies shall
reflect a commitment to maintain the quality of distance education
courses and programs in accordance with the provisions of this subchapter. An Institutional Plan for Distance Education shall conform to
Board guidelines and criteria of the Southern Association of Colleges
and Schools Commission on Colleges (SACSCOC) [Commission on
Colleges of the Southern Association of Colleges and Schools] in
effect at the time of the Report's approval. These criteria shall include
provisions relating to:
(1) Institutional Issues;
(2) Educational Programs;
(3) Faculty;
(4) Student Support Services; and
(5) Distance Education Facilities and Support.
§4.260. Standards and Criteria for Institutions.
The following provisions apply to all institutions covered under this
subchapter, unless otherwise specified:
(1) Institutions shall comply with the standards and criteria of the Southern Association of Colleges and Schools Commission
on Colleges [Commission on Colleges of the Southern Association of
Colleges and Schools].
(2) Institutions shall adhere to criteria outlined in Principles of Good Practice for Academic Degree and Certificate Programs
and Credit Courses Offered Electronically [Through Distance Education].
(3) - (6)
(No change.)
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 January 5, 2015.
TRD-201500009
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: February 15, 2015
For further information, please call: (512) 427-6114
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SUBCHAPTER Q. APPROVAL OF
OFF-CAMPUS AND SELF-SUPPORTING
COURSES AND PROGRAMS FOR PUBLIC
INSTITUTIONS
19 TAC §4.272, §4.273
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §4.272 and §4.273 of Board
rules concerning the approval of off-campus and self-supporting
courses and programs for public institutions.
PROPOSED RULES
January 16, 2015
40 TexReg 317
The intent of the amendment is to provide accurate definitions
of terms and provisions in the Definitions, General Provisions
sections of Chapter 4, Subchapter Q. Language has also been
added to accurately reference the International Association for
Continuing Education and Training as it relates to continuing
education. The amended rules will affect public institutions of
higher education on or after the 2015 fall semester.
Dr. Rex Peebles, Assistant Commissioner for Academic Quality
and Workforce, has determined that for the first five years there
will be no fiscal implications for state or local governments as a
result of amending §4.272 and §4.273.
Dr. Peebles has also determined that for the first five years the
amendments are in effect, the public benefits anticipated as a result of administering the sections will be the clarification of definitions and provisions and standards in the Chapter 4, Subchapter
Q rules. There is no effect on small businesses. There are no
anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local
employment.
Comments on the proposed amendments may be submitted by
mail to Rex C. Peebles, Assistant Commissioner, Texas Higher
Education Coordinating Board, P.O. Box 12788, Austin, Texas
78711 or via email at [email protected].
Comments will be accepted for 30 days following publication of
the proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, Chapter 61, Subchapter C, §61.0512(g), which provides
the Board with the authority to approve distance education
programs and courses.
The amendments do not affect the Texas Education Code.
§4.272. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (7)
(No change.)
(8) Continuing
Education
Course--A
non-credit
[Coordinating Board-approved] higher education technical course
offered for continuing education units, has specific occupational
and/or apprenticeship training objectives, and provides a quick and
flexible response to business, industry, and student needs for intensive
preparatory, supplemental, or upgrade training and education [and
conducted in a competency-based format. Such a course has specific
occupational and/or apprenticeship training objectives].
(9) - (16)
(No change.)
(17) Non-credit course--A course that results in the award
of continuing education units (CEU) as specified by International Association for Continuing Education and Training (IACET) [Southern
Association of Colleges and Schools Commission on Colleges (SACSCOC)] criteria. Only courses that result in the award of CEUs may
be submitted for state funding.
(18) - (25)
(No change.)
(26) Regular On-Campus Student--A student who is admitted to an institution, the majority of whose semester credit hours
are reported for formula funding and more than 50 percent of [whose]
coursework is primarily taken at an institution's main campus or on
one or more of the campuses within a multi-campus community college system.
(27) - (31)
40 TexReg 318
(No change.)
January 16, 2015
Texas Register
(32) Workforce continuing education course--A course offered for continuing education units (CEUs) with an occupationally
specific objective and supported by state funding. A career technical/workforce continuing education course differs from a community
service course offered for recreational or avocational purposes which
[and] is not supported by state funding.
§4.273. General Provisions.
(a) This subchapter governs the following types of instruction
offered by institutions of higher education:
(1) - (2) (No change.)
(3) Formula-funded workforce credit courses and continuing education provided by a public technical college or Lamar State
College through off-campus instruction;
(4) - (5) (No change.)
(b) (No change.)
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 January 5, 2015.
TRD-201500010
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: February 15, 2015
For further information, please call: (512) 427-6114
♦
♦
♦
CHAPTER 5. RULES APPLYING TO
PUBLIC UNIVERSITIES, HEALTH-RELATED
INSTITUTIONS, AND/OR SELECTED PUBLIC
COLLEGES OF HIGHER EDUCATION IN
TEXAS
SUBCHAPTER D. OPERATION OF
OFF-CAMPUS EDUCATIONAL UNITS OF
PUBLIC SENIOR COLLEGES, UNIVERSITIES
AND HEALTH-RELATED INSTITUTIONS
19 TAC §5.72, §5.76
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §5.72 and §5.76 of Board rules
concerning the operation of off-campus educational units of public senior colleges, universities, and health-related institutions.
The intent of the amendments is to provide accurate reference to
Board authority and clarification of provisions of faculty in the Authority and General Principles for Off-Campus Education Units
sections of Chapter 5, Subchapter D. Language has been added
to accurately reference the correct sections of the Texas Education Code as they relate to the authority of the Board to create
and administer Chapter 5, Subchapter D rules and provisions
of faculty for off-campus educational units. Language was also
added to reference the correct title of Chapter 17 as it relates
to the facilities of off-campus educational units. The amended
rules will affect public institutions of higher education on or after
the 2015 fall semester.
Dr. Rex Peebles, Assistant Commissioner for Academic Quality
and Workforce, has determined that for the first five years there
will be no fiscal implications for state or local governments as a
result of amending §5.72 and §5.76.
Dr. Peebles has also determined that for the first five years the
amendments are in effect, the public benefits anticipated as a
result of administering the sections will be the clarification of
Board authority and provisions of faculty for off-campus educational units in the Authority and General Principles for Off-Campus Education Units sections of Chapter 5, Subchapter D rules.
There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the
sections as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted by
mail to Rex C. Peebles, Assistant Commissioner, Texas Higher
Education Coordinating Board, P.O. Box 12788, Austin, Texas
78711 or via email at [email protected].
Comments will be accepted for 30 days following publication of
the proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, Chapter 61, Subchapter C, §61.0512(g), which provides
the Board with the authority to approve distance education
programs and courses.
The amendments do not affect the Texas Education Code.
§5.72. Authority.
The authority for this subchapter is Texas Education Code, §61.0512(g)
[§61.051(j)].
§5.76.
General Principles for Off-Campus Educational Units.
(a) - (b) (No change.)
(c) Off-campus educational units are not intended to duplicate
the full array and types of offerings available at regular general academic campuses. The intent is to:
(1) - (3)
(No change.)
(4) Make extensive and [Libraries shall be models of the]
effective use of technology in libraries, including full utilization of [and
depend heavily on the] TexShare electronic resource sharing efforts.
(d) Degree programs offered at off-campus educational units
must be offered by and in the name of the parent institution(s).
(1)
(No change.)
(2) The Board must be notified of programs offered at offcampus educational units. The Board shall maintain a list of these
degree programs and make that list readily available to the public.
[The Board reserves the right to order the discontinuance of programs
offered at off-campus educational units in accordance with standard
Board policies and procedures.]
(3)
(e)
(No change.)
(No change.)
(f) Off-campus educational units shall use locally provided facilities, where possible. Except where specifically authorized by the
Legislature or the Board, nothing in these sections is to be interpreted
as permitting the acquisition by gift or purchase of real property for the
purpose of establishing or operating an off-campus educational unit.
The facilities of off-campus educational units shall comply with Chapter 17 of this title, relating to Resource [Campus] Planning.
(g) The following faculty-related provisions apply to all offcampus educational units:
(1)
(No change.)
(2) Faculty must comply with the provision of §4.277
[§§4.101 - 4.108] of this title and related Board policies.
(3) - (5) (No change.)
(h) - (l)
(No change.)
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 January 5, 2015.
TRD-201500011
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: February 15, 2015
For further information, please call: (512) 427-6114
♦
♦
♦
TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE
HEALTH SERVICES
CHAPTER 97. COMMUNICABLE DISEASES
SUBCHAPTER B. IMMUNIZATION
REQUIREMENTS IN TEXAS ELEMENTARY
AND SECONDARY SCHOOLS AND
INSTITUTIONS OF HIGHER EDUCATION
25 TAC §97.63
The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health
Services (department), proposes an amendment to §97.63,
concerning immunization requirements in Texas elementary
and secondary schools.
BACKGROUND AND PURPOSE
Government Code, §2001.039, requires that each state agency
review and consider for readoption every four years each rule
adopted by that agency pursuant to Government Code, Chapter
2001 (Administrative Procedure Act). Section 97.63 has been
reviewed and the department has determined that reasons for
maintaining this rule section continue to exist, given the subject
matter and the importance to public health.
For those Texas vaccination requirements which are organized
in rule by individual school year, periodically those rules must
be amended to extend the schedule into future years in order
to prevent a lapse in the schedule at issue. This rulemaking
action would make such schedule extensions. There are no
new vaccinations being added in this rulemaking action. The
department also proposes to take this opportunity to delete
those parts of the schedule concerning years that have already
passed. These amendments would also clarify wording to more
clearly state that the requirements are given for each vaccination series as a window of time--with an age/grade by which
the vaccination must be given as well as an age/grade before
which it should not be given. This rulemaking proposal would
also make a few minor non-substantive amendments designed
PROPOSED RULES
January 16, 2015
40 TexReg 319
to improve the efficiency and readability of this rule section. The
proposed language concerning vaccination requirements for
future years is consistent with the national vaccine schedule recommendations for the immunizations at issue, per the Centers
for Disease Control and Prevention (CDC), Advisory Committee
on Immunization Practices (ACIP) recommended immunization
schedule (see http://www.cdc.gov/vaccines/schedules/).
SECTION-BY-SECTION SUMMARY
There are only three categories of changes proposed for this
rule section: 1) changes, for the vaccinations indicated herein,
to extend the vaccination schedules forward into future years, to
prevent a lapse in the requirements at issue, while also deleting
those parts of the schedule related to years that have passed;
2) clarification of the global language regarding how the requirements apply; and 3) non-substantive clerical wording changes to
improve readability and the user-friendliness of the rules.
In the introductory paragraph to the rule section, clarifying language is proposed that would more clearly state that all the vaccination requirements are expressed as a window in time--with
an age/grade by which the child must have the vaccination in order to be allowed to go to school, and an age before which the
child should not have the particular vaccination at issue. This is
not a change to how the requirements have applied, but rather
an improvement in the wording to make the concept easier to
understand.
For the Tetanus, Diphtheria, Pertussis (Tdap) vaccine, in
§97.63(2)(B)(ii)(III)(-a-), the proposed amendment would remove outdated schedule language in rule subdivision item (-a-)
for the School Year (SY) 2008 - 2009, since that requirement
has no current relevance. Existing items (-b-) and (-c-) would
be renumbered as items (-a-) and (-b-).
For the Measles, Mumps, Rubella (MMR) vaccine, in
§97.63(2)(B)(iii)(I), the proposed amendment would remove
outdated schedule language in subclause (I) concerning the SY
2008 - 2009, since that requirement has no current relevance.
The numbering for subclause (II)(-a-) - (-m-) would be renumbered as subclauses (I) - (XIII).
For the varicella vaccine, in §97.63(2)(B)(v)(I), the proposed
amendment would remove outdated schedule language in
subclause (I) concerning the SY 2008 - 2009, since that requirement has no current relevance. Existing subclause (II) would be
renumbered as subclause (I).
For the varicella vaccine, in renumbered §97.63(2)(B)(v)(II), the
department proposes to clarify the rule language to prevent a
lapse in the vaccine requirements. The current schedule reflects
a graded approach tied to specific calendar school years. The
proposed language would simply state that, beginning in the SY
2015 - 2016, all children must be vaccinated with two doses of
varicella vaccine in order be admitted to kindergarten. The language would also provide a minimum age before which the vaccination should not be given, based on the federal recommendations.
For the hepatitis A vaccine, in §97.63(2)(B)(vi)(I), the proposed
amendment would remove outdated schedule language in subclause (I) concerning the SY 2008 - 2009, since that requirement
has no current relevance. Subclause (II)(-a-) - (-m-) would be
renumbered as subclauses (I) - (XIII).
For the meningococcal vaccine, in §97.63(2)(B)(vii)(II), an
amendment requiring all students aged 11 - 12 years or entering
7th grade to be vaccinated with one dose of meningococcal
40 TexReg 320
January 16, 2015
Texas Register
vaccine is proposed to begin with the SY 2015 - 2016. The
proposed amendment would avoid a lapse in meningococcal
requirements.
Related to the third category of proposed changes in §97.63(1),
the proposed amendment would change the phrase "for which"
to "where;" the word "deadline" would be replaced with "birthday;" and the phrase "with that deadline" would be deleted.
These clerical revisions are non-substantive wording changes,
which would increase readability and improve user-friendliness.
FISCAL NOTE
Imelda Garcia, Director, Infectious Disease Prevention Section,
has determined that for each year of the first five years that the
section will be in effect, there will be no fiscal implications to state
or local governments as a result of enforcing and administering
the section as proposed.
MICRO-BUSINESSES AND SMALL BUSINESSES IMPACT
ANALYSIS
Ms. Garcia has also determined that there will be no adverse impact on small businesses or micro-businesses required to comply with the section as proposed. This was determined by interpretation of the rule that small businesses and micro-businesses
will not be required to alter their business practices, in a manner
which would incur an adverse impact, in order to comply with
the section. Therefore, an economic impact statement and regulatory flexibility analysis for small and micro-businesses are not
required.
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL
EMPLOYMENT
There are no anticipated economic costs to persons who are
required to comply with the section as proposed. There is no
anticipated negative impact on local employment.
REGULATORY ANALYSIS
The department has determined that this proposal is not a
"major environmental rule" as defined by Government Code,
§2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposed amendments
would 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, do not constitute a taking under Government Code, §2007.043.
PUBLIC BENEFIT
In addition, Ms. Garcia has determined that for each year of the
first five years the section is in effect, the public will benefit from
adoption of the section. The public benefit anticipated as a result of enforcing or administering the section is the protection of
Texas residents against the vaccine-preventable diseases. The
proposed amendments are beneficial to public health because
the amendments would prevent lapses in the Texas vaccine requirement schedules. Vaccinations are a major part of Texas
public health efforts to prevent and control communicable diseases. In addition, the non-substantive clerical changes would
improve the rule's readability and user-friendliness, which would
have a positive impact on stakeholders who routinely reference
this rule.
PUBLIC COMMENT
Comments on the proposal may be submitted to Wesley Hodgson, Department of State Health Services, Infectious Disease
Prevention Section, Immunization Branch, Mail Code 1946, P.O.
Box 149347, Austin, Texas 78714-9347 or by email to [email protected]. Comments will be accepted for
30 days following publication of the proposal in the Texas Register.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa
Hernandez, certifies that the proposed rule has been reviewed
by legal counsel and found to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The amendment is authorized by Health and Safety Code,
§81.023, which requires the department to develop immunization requirements for children; Health and Safety Code,
§161.004, which allows the department to develop and implement immunization requirements for vaccine-preventable
diseases; 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 and
provision of health and human services by the department
and for the administration of Health and Safety Code, Chapter
1001. The review of the section implements Government Code,
§2001.039.
The amendment affects Government Code, Chapters 531 and
2001; and Health and Safety Code, Chapters 81, 161, and 1001.
§97.63. Immunization Requirements in Child-care Facilities,
Pre-Kindergarten, Early Childhood Programs, and Texas Elementary
and Secondary Schools.
Every child in the state shall be vaccinated against vaccine-preventable
diseases caused by infectious agents, in accordance with the following immunization schedule. While the department recommends that
providers immunize children according to the recommendations found
on the department's website at www.ImmunizeTexas.com, this section
sets out minimum immunization requirements for school entry for the
child. The child must have the indicated vaccinations by the grade
level indicated. The vaccination schedule also indicates the grade before which the child should not obtain the specific vaccination. A copy
of the current recommended schedule is available at www.ImmunizeTexas.com, or by mail by writing the Department of State Health Services, Mail Code 1946, P.O. Box 149347, Austin, Texas 78714-9347.
(1) For those vaccines where [for which] it is stated in
this section that a certain dose must be received on or after a certain
birthday, a vaccine administered up to four days prior to the birthday
[deadline] is considered compliant [with that deadline].
(2) For diseases listed below, a child or student shall show
acceptable evidence of vaccination prior to entry, attendance, or transfer to a child-care facility or public or private elementary or secondary
school.
(A) Children enrolled in child-care facilities,
pre-kindergarten, or early childhood programs shall be immunized
against: diphtheria, pertussis, tetanus, poliomyelitis, Haemophilus
influenzae type b (Hib), measles, mumps, rubella, hepatitis B, hepatitis
A, invasive pneumococcal, and varicella diseases. In recognition of
the fact that immunization needs vary depending on the age of the
child, the minimum number of doses required for each vaccine is
indicated in the schedule below:
Figure: 25 TAC §97.63(2)(A) (No change.)
(B) Students in kindergarten through twelfth grade shall
have the following vaccines, according to the schedule listed.
(i)
Poliomyelitis.
(I) Kindergarten entry. Students are required to
have four doses of polio vaccine--one of which must have been received on or after the fourth birthday. Or, if the third dose was administered on or after the fourth birthday, only three doses are required.
Four doses of oral polio vaccine (OPV) or inactivated poliovirus vaccine (IPV) in any combination by age four to six years old is considered
a complete series, regardless of age at the time of the third dose.
(II) Polio vaccine is not required for persons
eighteen years of age or older.
(ii)
Diphtheria/Tetanus/Pertussis.
(I) Kindergarten entry. Students are required to
have five doses of a diphtheria/tetanus/pertussis-containing vaccineone of which must have been received on or after the fourth birthday.
Or, if the fourth dose was administered on or after the fourth birthday,
only four doses are required.
(II) Students seven years of age or older. Students seven years of age or older are required to have at least three
doses of a tetanus/diphtheria-containing vaccine, provided at least one
dose was administered on or after the fourth birthday. Any combination of three doses of a tetanus/diphtheria-containing vaccine will meet
this requirement.
(III) Tdap.
[(-a-) For the school year (SY) 2008 - 2009
through the end of any summer session of the SY 2008 - 2009, students are required to have one dose of a tetanus/diphtheria-containing
vaccine within the last ten years.]
(-a-) [(-b-)] Seventh grade. Beginning SY
2009 - 2010, students will be required to have one booster dose of
a tetanus/diphtheria/pertussis-containing vaccine for entry into the
7th grade, if at least five years have passed since the last dose of a
tetanus-containing vaccine. If five years have not elapsed since the last
dose of a tetanus-containing vaccine at entry into the 7th grade, then
this dose will become due as soon as the five-year interval has passed.
Td vaccine is an acceptable substitute, if Tdap vaccine is medically
contraindicated.
(-b-) [(-c-)] Grades 8 - 12. Beginning SY
2009 - 2010, students who have not already received Tdap vaccine
are required to receive one booster dose of Tdap when ten years have
passed since the last dose of a tetanus-diphtheria-containing vaccine.
(IV) Children who were enrolled in school,
grades K - 12, prior to August 1, 2004, and who received a booster
dose of DTaP or polio vaccine in the calendar month of (or prior to)
their fourth birthday, shall be considered in compliance with clause
(i)(I) (polio) and clause (ii)(I) (DTaP) of this subparagraph.
(iii)
MMR.
[(I) For the SY 2008 - 2009 through the end of
any summer session of the SY 2008 - 2009, students are required to
have two doses of a measles-containing vaccine, and one dose each of
rubella vaccine and mumps vaccine.]
PROPOSED RULES
January 16, 2015
40 TexReg 321
[(II) Beginning SY 2009 - 2010, students are required to have two doses of MMR vaccine with the first dose received
on or after the first birthday for the following grades and school years:]
(I)
[(-a-)] SY 2009 - 2010: K;
(II)
[(-b-)] SY 2010 - 2011: K - 1;
(III)
[(-c-)] SY 2011 - 2012: K - 2;
(IV)
[(-d-)] SY 2012 - 2013: K - 3;
(V)
[(-e-)] SY 2013 - 2014: K - 4;
(VI)
[(-f-)] SY 2014 - 2015: K - 5;
(VII)
[(-g-)] SY 2015 - 2016: K - 6;
garten through third grade, two doses of hepatitis A vaccine are required for students attending a school located in a high incidence geographic area as designated by the department. The first dose shall be administered on or after the second birthday. A current list of geographic
areas, for which hepatitis A is mandated for this time period, is available at www.ImmunizeTexas.com, or by mail request at Department of
State Health Services, P.O. Box 149347, Austin Texas 78714-9347.]
[(II) For SY 2009 - 2010, students are required
to have two doses of hepatitis A vaccine with the first dose received on
or after the first birthday for the following grades and school years:]
(I)
[(-a-)] SY 2009 - 2010: K;
(II)
[(-b-)] SY 2010 - 2011: K - 1;
(VIII) [(-h-)] SY 2016 - 2017: K - 7;
(III)
(IX)
(IV)
(X)
[(-i-)] SY 2017 - 2018: K - 8;
[(-j-)] SY 2018 - 2019: K - 9;
(XI)
(XII)
[(-k-)] SY 2019 - 2020: K - 10;
[(-l-)] SY 2020 - 2021: K - 11; and
(XIII) [(-m-)] SY 2021 - 2022: K - 12.
(iv)
Hepatitis B.
(II) In some circumstances, the United States
Food and Drug Administration may officially approve in writing
the use of an alternative dosage schedule for this vaccine. Such an
alternative regimen may be used to meet the requirements under
this section only when alternative regimens are fully documented.
Such documentation must include vaccine manufacturer and dosage
received for each dose of that vaccine.
Varicella.
[(I) For the SY 2008 - 2009 through the end of
any summer session of the SY 2008 - 2009, students are required to
have one dose of varicella vaccine received on or after the first birthday
for grades K - 12.]
(I) [(II)] Beginning SY 2009 - 2010, students are
required to have two doses of varicella vaccine received on or after the
first birthday for the following grades and school years (Two doses are
required if the child was thirteen years old or older at the time the first
dose of varicella vaccine was received):
(-a-) SY 2009 - 2010: K, 7;
(-b-) SY 2010 - 2011: K - 1, 7 - 8;
(-c-) SY 2011 - 2012: K - 2, 7 - 9;
(-d-) SY 2012 - 2013: K - 3, 7 - 10;
(-e-) SY 2013 - 2014: K - 4, 7 - 11; and
(-f-) SY 2014 - 2015: K - 5, 7 - 12.[; and]
[(-g-) SY 2015 - 2016: K - 12.]
(II) Effective SY 2015 - 2016, students are required to have two doses of varicella vaccine on or after the first birthday in order to be admitted to kindergarten.
(vi)
January 16, 2015
[(-e-)] SY 2013 - 2014: K - 4;
(VI)
[(-f-)] SY 2014 - 2015: K - 5;
(VII)
[(-g-)] SY 2015 - 2016: K - 6;
(VIII)
(X)
Texas Register
[(-h-)] SY 2016 - 2017: K - 7;
[(-i-)] SY 2017 - 2018: K - 8;
[(-j-)] SY 2018 - 2019: K - 9;
(XI) [(-k-)] SY 2019 - 2020: K - 10;
(XII) [(-l-)] SY 2020 - 2021: K - 11; and
(XIII)
(vii)
[(-m-)] SY 2021 - 2022: K - 12.
Meningococcal.
(I) Students are required to have one dose of
meningococcal vaccine for the following grades and school years:
(-a-) [(I)] SY 2009 - 2010: 7;
(-b-) [(II)] SY 2010 - 2011: 7 - 8;
(-c-) [(III)] SY 2011 - 2012: 7 - 9;
(-d-) [(IV)] SY 2012 - 2013: 7 - 10;
(-e-) [(V)] SY 2013 - 2014: 7 - 11; and
(-f-) [(VI)] SY 2014 - 2015: 7 - 12.
(II) Effective SY 2015 - 2016, students aged 11
- 12 years or enrolling in 7th grade are required to have one dose of
meningococcal vaccine.
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 January 2, 2015.
TRD-201500002
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: February 15, 2015
For further information, please call: (512) 776-6972
♦
Hepatitis A.
[(I) For the SY 2008 - 2009 through the end of
any summer session of the SY 2008 - 2009, upon entry into kinder-
40 TexReg 322
[(-d-)] SY 2012 - 2013: K - 3;
(V)
(IX)
(I) Students are required to have three doses of
hepatitis B vaccine no later than entry into kindergarten.
(v)
[(-c-)] SY 2011 - 2012: K - 2;
♦
♦