25 TAC §§146.1 - 146.10
The Executive Commissioner of the Health and Human Services
Commission (commission), on behalf of the Department of State Health Services
(department), adopts amendments to §§146.1 - 146.10, concerning
the regulation of training and certification of promotores or community health
workers without changes to the proposed text as published in the July 8, 2005,
issue of the
Texas Register
(30 TexReg 3973)
and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The Promotor(a) or Community Health Worker Training and Certification Advisory
Committee (committee) has provided advice to the Health and Human Services
Commission and the department related to the review of applications and the
recommendation of qualifying applicants as sponsoring institutions, training
instructors or as promotores(as) or community health workers. The committee
also recommends new or amended rules for the approval of the Health and Human
Services Commission. This committee is a successor to, and continues many
functions of the Promotora Program Development Committee mentioned in the
Health and Safety Code, §48.002(a) and §48.003(a). The committee
is established under the Health and Safety Code, §11.016, which allows
the Health and Human Services Commission to establish advisory committees.
Government Code, Chapter 2110, governs the committee concerning state agency
advisory committees.
Health and Safety Code, Chapter 48, requires the department to establish
a program designed to train and educate persons who act as promotoras or community
health workers. This chapter also requires minimum standards for the certification
of promotoras or community health workers. These rules are reasonable and
necessary to accomplish this legislative mandate.
SECTION-BY-SECTION SUMMARY
Amendments cover definitions; the purpose of the advisory committee; applicability;
application requirements and procedures for promotores or community health
workers, instructors, and sponsoring institutions/training programs; types
of certificates and applicant eligibility; standards for the approval of curricula;
and continuing education requirements. Amendments also reflect the new agency
name as "Department of State Health Services." The amended language clarifies
the rules and improves the ability of promotores(as) or community health workers
to obtain the training and certification established by Health and Safety
Code, Chapter 48. Also, it improves the ability of the certification program
to expedite the process of reviewing applications for certification of instructors
and training programs.
COMMENTS
The department, on behalf of the commission, did not receive any public
comments concerning the proposal during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services' General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The amendments are adopted under the Health and Safety Code, Chapter 48,
which requires the department to adopt rules on the establishment and operation
of the training and certification for promotores or community health workers;
and 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 28, 2005.
TRD-200506123
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: January 17, 2006
Proposal publication date: July 8, 2005
For further information, please call: (512) 458-7111