Part 1.
DEPARTMENT OF STATE HEALTH SERVICES
Chapter 1.
TEXAS BOARD OF HEALTH
Subchapter A. PROCEDURES AND POLICIES
25 TAC §§1.1, 1.3 - 1.8
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Department of State Health Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Executive Commissioner of the Health and Human
Services Commission on behalf of the Department of State Health Services (department)
proposes the repeal of §1.1 and §§1.3 - 1.8, concerning procedures
and policies of the Texas Board of Health (Board).
BACKGROUND AND PURPOSE
The repeal is necessary to comply with Acts 2003, 78th Legislature, Regular
Session, Chapter 198 (House Bill 2292), §1.18 and §1.26, which abolished
the Texas Department of Health and the Board. Repeal of these sections is
necessary to align the department's rules more accurately with House Bill
2292.
SECTION-BY-SECTION SUMMARY
The repeal of §1.1 and §§1.3 - 1.8 is necessary to align
the department's rules with the requirements of House Bill 2292 now that the
Board no longer exists. As part of the repeal of those sections, §1.7(b)(4),
concerning the commissioner of health's (now the commissioner of the department,
pursuant to House Bill 2292) authority to execute contracts and delegate execution
of contracts of greater than $1 million, is unnecessary as a rule because
contract execution authority is now under the department's policies and is
not required to be stated in a rule.
FISCAL NOTE
Cathy B. Campbell, General Counsel, Office of General Counsel, has determined
that for each year of the first five-year period that the repeal will be in
effect, there will be no fiscal implications to state or local government
as a result of repealing the sections as proposed.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Campbell has also determined that there are no anticipated economic
costs to small businesses, micro-businesses or persons because the rules are
no longer necessary, and business practices will not be altered in order to
comply with the proposed repeal of the sections. There will be no impact on
local employment.
PUBLIC BENEFIT
In addition, Ms. Campbell has also determined that for each year of the
first five years the repeal of the sections is in effect, the public benefit
anticipated as a result of the repeal is more accurate alignment of department
rules with House Bill 2292.
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 environment 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 environment
exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposed repeal 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, do not constitute a taking
under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Sara Richardson, Legal Assistant,
Office of General Counsel, Department of State Health Services, 1100 West
49th Street, Austin, Texas 78756, (512) 458-7111, ext. 6961. Comments will
be accepted for 30 days following publication of the proposal in the
STATUTORY AUTHORITY
The proposed repeal is authorized by House Bill 2292, which abolished the
Texas Department of Health and its governing board, the Texas Board of Health;
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 reasonably necessary for the department to administer
its regulatory and administrative functions.
The proposed repeal affects the Health and Safety Code, Chapter 1001; and
Government Code, Chapter 531.
§1.1.Purpose.
§1.3.Organization of the Board of Health.
§1.4.General Powers and Duties of the Board of Health.
§1.5.Meetings of the Board of Health.
§1.6.Actions Requiring Board Approval.
§1.7.Commissioner of Health.
§1.8.Press and Public Relations.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501664
Cathy Campbell
Director, Legal Services
Department of State Health Services
Earliest possible date of adoption: June 5, 2005
For further information, please call: (512) 458-7236
Subchapter A. WAIVER OF VISA REQUIREMENT FOR PHYSICIANS
25 TAC §§13.1, 13.2, 13.5, 13.8
The Executive Commissioner of the Health and Human Services
Commission on behalf of the Department of State Health Services (department)
proposes amendments to §§13.1, 13.2, 13.5, and 13.8, concerning
waiver of visa requirements for physicians serving in health professional
shortage areas, who apply to the J-1 visa waiver program.
BACKGROUND AND PURPOSE
The amendments are proposed to give the department more flexibility in
determining appropriate practice locations for J-1 visa waiver physicians.
SECTION-BY-SECTION SUMMARY
Amendments to §13.1 remove the defined terms "fully served", "NHSC"
and "primary care specialist" because these terms are removed from §13.2.
Amendments to §13.2 remove the 3000:1 or fewer physicians per capita
provision and remove language concerning primary care specialists, psychiatrists
and non-primary care specialists and the other terms deleted from the definitions
in §13.1. Language is added that recommendations will be made in areas
that meet shortage area requirements as identified by the program annually.
Amendments to §13.5 clarify employment contract requirements concerning
scheduled work hours and remove language concerning Education Code, §51.949,
as this section is no longer applicable to the J-1 visa waiver program. Amendments
to §13.8 also remove language concerning Education Code, §51.949.
FISCAL NOTE
Connie Berry, Program Manager for the Primary Care Office, has determined
that for each year of the first five years that the sections will be in effect
there will be no fiscal implications to state or local governments as a result
of administering the sections as proposed because the fee is not changed.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Berry has also determined that there is no anticipated cost to small
businesses or micro-businesses because the proposed amendments will affect
only those professional associations that employ physicians, and will increase
the pool of physicians from which they can recruit. There are no anticipated
economic costs to persons who are required to comply with the amendments as
proposed. There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
Connie Berry has also determined that for each year of the first five years
the sections are in effect the public health benefit anticipated as a result
of these rules will be greater access by physicians to the waiver process
allowed by federal law, clear criteria for physicians who wish to serve this
state in health professional shortage areas under these provisions, and a
greater chance that physicians can be recruited to serve these areas as envisioned
by state and federal law.
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 environment 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 environment
exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposed amendments do 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 COMMENT
Comments on the proposal may be submitted to Connie Berry, Program Manager,
Department of State Health Services, Texas Primary Care Office, 1100 West
49th Street, Austin Texas 78756, (512) 458-7518, connie.berry@dshs.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
STATUTORY AUTHORITY
These amendments are proposed under Health and Safety Code, §12.0127,
which authorizes the department to request waiver of certain residence requirements
for alien physicians who agree to practice in medically underserved areas;
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 reasonably necessary for the department to administer
its regulatory and administrative functions.
The proposed amendments affect Health and Safety Code, Chapters 12 and
1001, and Government Code Chapter 531.
§13.1.Definition of Terms.
The following words and terms when used in these sections, shall have
the following meaning.
(1)
Employer--A director of a health care facility where the
physician will practice.
[
(2)
[
(3)
[
(4)
[
[
(5)
[
[
(6)
[
§13.2.J-1 Visa Waiver Rules.
[
(a)
[
[
[
[
(b)
[
(c)
[
§13.5.Contract.
(a) - (b)
(No change.)
(c)
The contract must contain the following information:
(1)
list of benefits, insurance to be provided to the provider;
(2)
field of practice of the provider;
(3)
practice site name, address and telephone number of the
health care facility where the provider will work;
(4)
scheduled work hours
[
(5)
amount of leave; and
(6)
statements that amendments shall adhere to state and federal
J-1 visa waiver requirements.
[
§13.8.Other Federal or State Requirements.
All waiver request applications must meet federal laws 8 USC §1182
and §1184. [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 25, 2005.
TRD-200501693
Cathy Campbell
Director, Legal Services
Department of State Health Services
Earliest possible date of adoption: June 5, 2005
For further information, please call: (512) 458-7236
Subchapter A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
Chapter 13.
HEALTH PLANNING AND RESOURCE DEVELOPMENT
(2)
Fully Served--An area with
a population to provider ratio of 3000:1 or more physicians per capita.]
(3)
] HPSA--Health Professional
Shortage Area.
(4)
] J-1 Visa Waiver--Removal of
the requirement that a J-1 visa holder must return to their country of origin
for two years at the end of his/her graduate medical training. The waiver
allows the J-1 visa holder to remain in the United States if they agree to
practice in an underserved area.
(5)
] MUA--Medically Underserved
Area.
(6)
NHSC--National Health Service
Corps.]
(7)
] Operational--Providing health
care services to patients.
(8)
Primary Care Specialist--A
physician who has a degree and specialization in internal medicine, general
practice, family practice, pediatrics, or obstetrics/gynecology.]
(9)
] Provider--A physician requesting
a J-1 visa waiver.
The following apply to faculty and non-faculty waivers.
]
(1)
] The [
Texas
] Department
of
State
Health
Services
(department) will consider
a recommendation for a J-1 visa waiver in the area or areas designated by
the Secretary of Health and Human Services as a HPSA or a MUA and
meet
shortage area requirements as identified by the program annually.
[
are not fully served by J-1, NHSC or other primary care physicians. The HPSA
or MUA must have a population to physician ratio of 3000:1 or fewer physicians
per capita.
]
(2)
Primary care specialists will
be considered eligible to apply to areas designated as Primary Care HPSAs
or MUAs.]
(3)
Psychiatrists will be considered
eligible to apply to areas designated as Mental Health HPSAs or MUAs.]
(4)
The department will consider
J-1 visa waivers for physicians who are non-primary care specialists when
additional documentation is submitted supporting the need for the services
of the specialist and the shortage of that specialty in the HPSA or MUA.]
(5)
]
Applications
[
The first 30 complete applications
] that meet federal and state requirements
will be considered for recommendation
on a first-come-first-served basis
. The submission of a complete waiver application to the department
does not ensure that the department will recommend a waiver to the United
States Department of State and the Bureau of Citizenship and Immigration Services.
(6)
] The employer or the employer's
representative must submit the J-1 waiver request application to the department.
hours of work
];
(d)
If applying under Education
Code, §51.949, the applicant must demonstrate compliance with its provisions.]
All waiver request applications for faculty physicians
must meet applicable state laws (Texas Education Code, §51.949).
]
Chapter 460.
MISCELLANEOUS