- Welcome and opening remarks Call to order, Roll call, Explanation of proceedings using Microsoft Teams meeting, Executive commissioner’s welcome and remarks
Executive Commissioner Cecile Young convened the meeting.
- Rule proposals* (Agency Rulemaking can be found at
https://www.hhs.texas.gov/regulations/policies-rules/health-human-services-rulemaking/comment-proposed-draft-rules ) - Administrative Procedure Act public comment period has closed†
None
- Submitted to the Texas Register – Administrative Procedure Act public comment period has not closed‡
25R022 The Department of State Health Services proposes amendments to rules in the Texas Administrative Code, Title 25, Chapter 229, Food and Drug, Subchapter X, concerning Licensing of Device Distributors and Manufacturers
https://www.sos.texas.gov/texreg/archive/October32025/Proposed%20Rules/25.HEALTH%20SERVICES.html#39
Background and Purpose. The purpose of the proposal is to continue adherence with applicable federal laws pertaining to medical devices. The proposed amendments align the minimum standards in the Texas Administrative Code with new device Good Manufacturing Practice requirements under 21 Code of Federal Regulations (CFR) Part 820, which take effect on February 2, 2026. The proposal repeals §229.444 because the advisory committee no longer exists. The proposed amendment to §229.443 adds language relating to enforcement and penalties. The proposed amendments update the licensure fees based on a licensee’s gross sales. The proposed amendments update definitions to clarify intent and improve compliance by harmonizing state and federal regulations. Lastly, the proposed amendments update the rules with plain language requirements to improve readability.
Public Comment. No public comment was offered.
Hearing. Department of State Health Services (DSHS) is changing the rules to (1) allow electronic eye charts for vision screenings; (2) modify audiometer requirements; (3) make the rules easier to read and understand; (4) remove a photo screener training requirement; (5) add an optional hearing screening method; (6) require adherence to program training manuals; (7) modify external instructor certificates; (8) clarify the individuals to whom the rules apply; and (9) give screeners more time to report data to a facility.
Background and Purpose. The Vision, Hearing, and Spinal Screening Program (VHSS) identifies children with vision and hearing disorders in public and private schools, licensed childcare centers, and licensed childcare homes. The proposal implements House Bill 1297, 88th Legislature, Regular Session, 2023 by allowing electronic eye charts as an optional alternative for visual acuity screening. The proposed amendments also edit language for clarity and readability; define terms; add referral requirements from training materials; remove unnecessary procedural steps and details; remove a photo screener training requirement; end audiometer registration; add an optional hearing screening method for children with disabilities; add a requirement to follow instructions in the vision and hearing screening manuals, and external instructor manuals on the website; reduce the length of an external instructor’s certificate; clarify the rules apply to screeners and instructors at facilities; specify when a screener must provide screening data to a facility; clarify audiometer biological calibration check requirements; and specify the audiometer calibration records retention period.
There are no known issues and alternatives for electronic eye charts since they are an additional and optional tool for visual acuity screening. Some amendments clarify the rules are for facility screenings and the individuals who screen children at facilities. Those proposed amendments impact nursing program faculty and students, medical offices, and Texas Health Steps Representatives because they will no longer be trained and certified as screeners or external instructors. For many years the program certified these groups, but it is a strain on program resources.
Fiscal and Service Impact. No fiscal impact reported.
The proposed rule amendments will give screeners greater flexibility for screening children. Ending audiometer registration removes an unnecessary burden for stakeholders. The changes made for clarity and readability make the rules easier to understand and follow. Lastly, referencing the hearing, vision, and external instructor manuals makes it easier for stakeholders to comply with all rules and instructions.
Rule Development Schedule
October 10, 2025 Publish proposed rules in Texas Register
October 16, 2025 Present to HHSC Executive Council
February 2026 Publish adopted rules in Texas Register
February 2026 Effective date
Public Comment. No public comment was offered.
Hearing. HHSC is changing three rules to make it clear what types of victims can receive services from the Family Violence Program. HHSC is removing and changing rules to make sure that incorrect information about keeping records is removed from the entire chapter. HHSC knew after a recent rule project that these changes needed to be made.
Background and Purpose. The purpose of the proposal is to repeal 26 TAC Chapter §356.1323 in Subchapter C and §356.2023 in Subchapter D, concerning Policies and Procedures for the Retention and Destruction of Documentation. HHSC intended to repeal these rules in a previous rule project (24R057) when it adopted the repeal of §356.625, an identical rule in Subchapter B. The repeals of §356.1323 and §356.2023 were inadvertently removed from the final rule document and did not become effective with the rest of the previous project.
The proposed repeals of §356.1323 and §356.2023 ensure that retention and destruction of documentation procedures are removed from the entire chapter and do not conflict with the requirements of the HHSC contract related to family violence service delivery. The proposal also amends §§356.1316, 356.1403, 356.2016, and 356.2103 to remove references to the proposed repeals.
Further, HHSC is amending §§356.603, 356.1303, and 356.2003, to clarify there are four types of victims who may be eligible for services in the Family Violence Program. To make this clear, the proposed amendments replace “and” with “or” between the list of victims. This clarifies existing eligibility criteria and does not impact eligibility for services.
Fiscal and Service Impact. No fiscal impact reported
The impact of the proposed amended and repealed rules on the Health and Human Services client population is having clear eligibility requirements and consistent rules on documentation.
Rule Development Schedule
October 10, 2025 Publish proposed rules in Texas Register
October 16, 2025 Present to HHSC Executive Council
March 2026 Publish adopted rules in Texas Register
March 2026 Effective date
Public Comment. No public comment was offered.
- Not yet submitted to the Texas Register for Administrative Procedure Act public comment
None
- Recent Rule Adoptions – Information item not for discussion
Adoptions submitted to the Texas Register that are not yet effective
24R076 Local Intellectual and Development Disability Authority Service Coordination, Published 10/10/25, Effective 10/19/25
Adoptions that are effective
25R041 Exemption from Required Immunization for School Enrollment, Published 10/3/25, Effective 10/8/25
https://www.sos.texas.gov/texreg/archive/October32025/Adopted%20Rules/25.HEALTH%20SERVICES.html#102
The amendments are necessary to comply with Texas Health and Safety Code §161.0041, as amended by House Bill (HB) 1586, 89th Legislature, Regular Session, which requires the department to develop a blank affidavit form to be used by a person claiming an exemption from a required immunization and make the affidavit form available on the DSHS website. DSHS has posted a blank affidavit form on the website for a person to download and submit to their child-care facility, school, or institution of higher education, including students enrolled in health-related and veterinary courses.
The amendments allow individuals to print these documents themselves (or request that DSHS send them a blank affidavit, which does not need to be printed on the security sealed paper).
To comply with HB 1586 implementation guidelines beginning with the 2025-2026 school year, a proposal was published in the July 4, 2025, issue of the Texas Register (50 TexReg 3854). DSHS withdrew that rule proposal to ensure the language from HB 1586 and related statutes were properly reflected in the Texas Administrative Code. The notice stating the withdrawal was published in the July 25, 2025, issue of the Texas Register (50 TexReg 4411). A revised proposal was published in the August 15, 2025, issue of the Texas Register (50 TexReg 5300). DSHS now adopts these amendments.
24R092 Limited Services Rural Hospitals Workplace Violence Prevention, Published 10/3/25, Effective 10/9/25
https://www.sos.texas.gov/texreg/archive/October32025/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#105
The new section is necessary to implement Senate Bill (SB) 240, 88th Legislature, Regular Session, 2023. SB 240 added new Texas Health and Safety Code (THSC) Chapter 331 which requires certain facilities, including limited services rural hospitals, to establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan. THSC Chapter 331 also requires facilities to adopt, implement, and enforce a written workplace violence prevention policy and plan and to respond to workplace violence incidents.
The new section requires limited services rural hospitals to establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan. The new section specifies the required membership for a committee.
The new section requires a hospital to adopt, implement, and enforce a written workplace violence prevention policy and plan to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the hospital. The new section requires the committee to annually evaluate the written workplace violence prevention plan and report the results of the evaluation to the hospital’s governing body. The new section requires each hospital to make a copy of the hospital’s workplace violence prevention plan available to each hospital health care provider or employee while providing protection from the release of information in the plan that would pose a security threat if made public.
The new section establishes minimum requirements for a hospital to respond to workplace violence incidents and creates protections for individuals with respect to reporting incidents of workplace violence.
The amended sections are necessary to add a definition of the term “facility” to the chapter and to correct a cross reference for the qualified rural hospital definition.
- Adjourn. There being no further business, the meeting was adjourned.
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