SECTION 100.30. Rules Regarding Certain Health-Related Programs

(a) This section is promulgated under Occupations Code §51.2031(a-1) and (a-2).

(b) The commission may not adopt a new rule relating to the scope of practice of or a health-related standard of care for a program to which this section applies unless the rule has been proposed by the advisory board established for that program.

(c) Under Occupations Code §51.2031(a-1) and (a-2), the advisory board may propose a rule described by subsection (b) according to the following procedure:

(1) The advisory board, by a majority vote of the members present and voting at a meeting at which a quorum is present, shall either:

(A) recommend that the rule be published in the Texas Register for public comment; or

(B) if the rule has been published and after considering the public comments, make a recommendation to the commission concerning adoption of the rule;

(2) The rule must be within the commission's legal authority to adopt; and

(3) The department may make non-substantive, editorial changes to the rule as necessary.

(d) The commission shall either adopt the rule as proposed by the advisory board under subsection (c), with any non-substantive, editorial changes made by the department under subsection (c)(3), or return the rule to the advisory board for revision.

Source Note: The provisions of this §100.30 adopted to be effective November 1, 2016, 41 TexReg 8292; amended to be effective May 1, 2022, 47 TexReg 2128