COVID-19 Suspended Rules and Regulations — Texas Senate Committee on Business & Commerce
Summary
A document headed COVID-19 Suspended Rules and Regulations, prepared by the Texas Senate Committee on Business & Commerce, Senator Kelly Hancock, Chair. It lists agency actions by agency, beginning with the Texas Department of Licensing and Regulation, where entries allow driver education classroom courses through distance learning and waive late fees accrued March 13, 2020 through June 15, 2020. Other entries cover boiler and elevator inspections, the Texas Department of Insurance, and the Office of Credit Consumer Commissioner, which extends a regulated lender's annual report deadline from May 1 to June 1. A closing section on other actions includes trucking, vehicle registration and the STAAR testing requirement.
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“COVID-19 Suspended Rules and Regulations — Texas Senate Committee on Business & Commerce.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/archive-doc-hancock-suspended-rules-regulations-2020-08-26-public-f37eea74a0/
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COVID-19
Suspended Rules and Regulations
Texas Department of Licensing and Regulation
Agency Action
Driver Education Allow driver education classroom instruction courses through distance
learning
Barbers, Allow schools to utilize technologies such as videos of hands on work,
Cosmetologists, electronic learning, virtual learning, and other practices that would
and Massage effectively deliver the practical portion of the school’s curriculum to ensure
Therapy Education that a student develops the job skills and knowledge to obtain a license in
Providers Texas
Waive all continuing education courses for individual licenses expiring
March 2020 through June 2020, but require licensees to submit their
renewal applications and pay the fees
Offender Education Suspend the requirement that teachers of the Drug Offender Education
Providers Program, Alcohol Education Program for Minors, and DWI Education
Program teach a minimum of 4 classes and attend at least one department-
sponsored continuing education seminar and allow them to renew their
license if all other requirements are met
Suspend the requirement that teachers of the DWI Intervention Program
teach a minimum of 2 classes and attend at least one department-sponsored
continuing education seminar and allow them to renew their license if all
other requirements are met
Governor Action
Waive late fees accrued March 13, 2020 through June 15, 2020 for
occupational licenses issued by the Texas Department of Licensing and
Regulation
Elevator Grant an extension for inspection requirements for elevators with permits
Inspections set to expire in March 2020 through June 2020
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Boiler Inspections A boiler Certificate of Operation that expires from March 13, 2020 through
June 30, 2020 shall not receive a penalty for failing to obtain an inspection
before the certificate expires. A request for an extension for the internal
inspection interval will maintain eligibility for boiler extensions for which
the Certificate of Operation is set to expire March 13, 2020 through June 30,
2020
Elimination of Extend by 60 days all building inspection deadlines in the Elimination of
Architectural Architectural Barriers program due March 2020 through June 2020 in case
Barriers Program those buildings need to be used in response to COVID-19
Behavior Analysts Allow supervision of a behavior analyst student, intern, or fellow by a
licensed behavior analyst or an instructor in a course sequence approved by
the certifying entity to be done through telehealth
Allow telehealth to be used for direct observation and measurement of
behavior and environment, as allowed by the certifying entity
Orthotists and Suspend the requirement that a licensed orthotist and/or prosthetist
Prosthetists provide on-site direction at an accredited facility
Hearing Instrument Allow a smart phone, or any audio-visual, real-time, or two-way interactive
Fitters & communication system to qualify as telecommunications technology to
Dispensers provide telehealth services
Waive the requirement that a supervisor of a temporary training permit
holder be working in an established place of business
Waive the requirement that licensees conduct an initial professional contact
in-person at the same physical location as the client
Dyslexia Therapy Allow dyslexia services to be provided by dyslexia therapists or dyslexia
practitioners solely by smart phone or any audio-visual, real-time, or
two-way interactive communication system that can be used to provide
telehealth services
Waive the requirement that the initial meeting be in-person between a
dyslexia therapist or a dyslexia practitioner and a client and allow licensed
dyslexia practitioner and dyslexia therapists to practice and provide services
outside of an educational setting
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Speech-Language Allow SLP interns, SLP assistants, and Audiology assistants to receive direct
Pathologists (SLP) supervision and provide services to clients through telehealth
and Audiologists
Audiologists and audiology interns who fit and dispense hearing
instruments through telehealth are no longer required to conduct an initial
professional contact in-person at the same physical location
Texas Medical Board
Agency Action
Extend physician and physician assistant licensee permits that expired on
February 28, 2020 or May 31,2020 through August 31, 2020 without any
late fees
Extend the registration for newly licensed physician and physician assistants
with a March through June due date to August 31, 2020 without any late fees
Extend permits for medical physicists, medical radiologic technologists,
perfusionists, respiratory care practitioners and those on the Non-Certified
Radiologic Technician Registry whose current permit expires February 28,
2020, May 31, 2020, or June 30, 2020 to August 31, 2020 without any late
fees
Extend surgical assistant permits that expire on June 30, 2020 to August 31,
2020
Allow physician assistant, respiratory care practitioner, medical physicists
and perfusionist applicants who currently have an active, pending
application on file to be eligible for the Limited Emergency License if they
only lack fingerprinting and certain certifications
Allow for fast-track of the temporary licensing of out-of-state physicians,
physician assistants, certain retired physicians, and other license types
Allow out-of-state physicians to obtain a Texas limited emergency license or
hospital-to-hospital credentialing through the time period that encompasses
the Governor’s Disaster Declaration
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Governor Action
Allow for telephone refill(s) of a valid prescription for treatment of chronic
pain by a physician with an established chronic pain patient
Allow retired physicians who are Texas residents with licenses that have been
placed on official retired status for less than two years to apply for a return to
active status
Allow a physician-in-training permit holder to be utilized in areas outside of
their GME training program
Allow oral prescriptive delegation agreements between physicians and the
Physician Assistants and Advance Practice Registered Nurses they supervise
Texas State Board of Nursing
Agency Action
Grant applicants an extension to their 4-year NCLEX exam eligibility if
they had an active exam application on file and were affected by a travel ban,
testing site closure, or government lockdown which prevented them from
testing
Applicants who have an ATT and/or NCLEX on file during COVID-19, but
were affected by a travel ban, government lockdown, or testing site closure
do not need to resubmit any application items that expired during the
COVID-19 pandemic and applications will remain valid through August 31,
2020
Allow temporary permit extensions for graduate nurses and graduate
vocational nurses who have yet to take the licensing exam
Extend graduate nurse and graduate vocational nurse permits for 6 months
and allow any issued after March 21, 2020 to remain valid for 6 months
Governor Action
Allow an out-of-state nurse to practice in Texas for the purpose of rendering
aid, provided the nurse holds a current license in good standing in their
home state
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Allow nurses with an inactive license to reactivate their license without
paying a fee or completing continuing education requirements
Allow licensed vocational nurses, registered nurses, and advanced practice
registered nurses until September 30, 2020 to renew their license
Allow for telephone refill(s) of a valid prescription for treatment of chronic
pain by a advanced practice registered nurse with an established chronic
pain patient
Allow advance practice registered nurse graduates who have applied for
licensure and met all the requirements other than national certification to
begin practicing under physician supervision
Allow students in their final year of nursing school to meet their clinical
objectives by exceeding the 50% limit on simulated experiences
Texas Department of State Health Services
Governor Action
Emergency Medical Allow a local medical director for a licensed EMS provider to permit
Service (EMS) individuals who are qualified, but not formally certified, to provide critical
emergency response services for patients treated and transported by the
EMS provider
Grant a 90-day grace period for EMS personnel whose license or
certification expired after March 13, 2020
Waive required skills verification for 90 days for EMS personnel whose
certification expired less than one year prior to the Governor’s declaration
on March 13, 2020
Waive the skills verification for out-of-state AEMT applicants for 90 days
and allow the applicant to certify at the EMT level
First Responder Allow a first responder organization whose license expires after March 13,
Organization 2020 and 90 days thereafter, to delay submission of its renewal application
and completion of the re-licensure requirements until the end of the 90-day
waiver period
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Bulk Grocery Items Allow restaurants to sell bulk retail products from restaurant supply chain
distributors directly to consumers provided that such foods are in their
original condition, packaging, or presented as received by the restaurant
Texas State Board of Pharmacy
Governor Action
Temporarily suspend the expiration dates and continuing education
requirements of pharmacist licensees, pharmacy technicians, and pharmacy
technician trainees
Temporarily suspend the requirement for board approval as a preceptor to
supervise a pharmacist-intern performing pharmacist duties
Temporarily suspended the requirement for a pharmacist to visit an
ambulatory surgical center and a Freestanding Emergency Medical Care
Facility at least once each calendar week of board rule
Allow pharmacists to conduct telephonic consultations
Temporarily suspend the requirement to obtain an inspection with the last
renewal period in order to renew a Class A-S, Class B, Class C-S, and Class
E-S pharmacy license
Allow pharmacy technicians to accept prescription drug orders over
the phone and to transfer or receive a transfer of original prescription
information on behalf of patients
Texas Judicial Branch Certification Commission
Agency Action
Supreme Court Extend deadlines whether prescribed by statute, rule, or order, related to the
Order issuance or renewal of certifications, licenses, or registrations issued by the
Judicial Branch Certification Commission, including deadlines for fulfilling
mandatory continuing education until August 15, 2020
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
State Bar of Texas
Agency Action
Grant an automatic 60-day extension to attorneys reaching their compliance
deadlines in March, April, or May
Texas State Board of Public Accountancy
Agency Action
Extend an Application of Intent to December 31, 2020 for candidates who
have approved applications and are unable to find an open testing site or
schedule an appointment for testing prior to the expiration
Extend a Notice to Schedule expiring between April 1 and September 30,
2020 are extended until December 31, 2020
Exam candidates with one or more credits on the CPA exam expiring on or
before September 30, 2020 will be granted a 90 day extension of the credit
Temporarily accept electronic transcripts and e-scripts to document the
educational coursework completed and degrees awarded for individuals who
submit an Application of Intent
Eliminate the requirement that candidates take at least 15 of their 30
semester credit hours of upper division accounting courses in person and
allow these courses to be completed online
Automatically grant continuing professional education credits through
August 2020 for May, June, and July individual license renewals
Texas State Board of Professional Geoscientists
Agency Action
Provide a nine hour continuing education credit for licenses that expire
March through August and allow the CE to be completed online or through
self-directed studies
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Texas State Board of Plumbing Examiners
Agency Action
Allow Tradesman Plumber Limited training courses to be completed online
and suspend in-class continuing education requirements for Journeyman
licenses
Allow applicants to become a Responsible Master Plumber without the
required training course if they submit an application, pay the fee, and
submit proof of insurance online
Licenses and registrations expiring March 31, 2020 through June 30, 2020
will have expiration dates extended
All licenses and registrations expiring June 30, 2020 will show a temporary
disaster relief continuing education credit on the public site and will be
allowed to renew if all other requirements are met
Temporarily allow training courses to take place virtually with a limited
number of exceptions
Texas Real Estate Commission
Agency Action
Allow license applicants and license holders within their renewal period to
complete their initial application or renewal requirements by July 31, 2020
Supreme Court Suspend all proceedings and deadlines for residential evictions through May
Order on Evictions 18, 2020 and suspend writs of possession—a court order allowing a sheriff
to seize the property and return it to the landlord—until after May 25, 2020
Texas Alcoholic Beverage Commission
Agency Action
Allow the 60-day pubic notice sign to be printed by applicant
Allow license applications to be submitted electronically
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
May waive penalties on a case-by-case basis for late submission by licensees
and permittees of excise tax reports and payments delayed by some
circumstance related to the coronavirus pandemic
Waive penalties for retailers that fail to make payments on cash and credit
law purchases for March through July
Allow for no contact delivery by having the delivery driver sign the invoice
Allow a seller or server certificate with an expiration date falling between
March 13, 2020 and May 13, 2020 to remain valid until August 18, 2020
Allow certain holders of the Mixed Beverage Permit that have been
negatively impacted by COVID-19 to renew for one year rather than the
standard two-year renewal period, reducing the upfront renewal cost by half
Allow businesses that have current alcohol sales that make up less than 51%
of total sales but have not traditionally been considered a restaurant by
TABC to apply to qualify as a restaurant under GA-28 in order to provide
dine-in services, with certain restrictions
Governor Action
Allow Mixed Beverage Permit holders who have permanent food service
capabilities on the premises to sell mixed drinks that are sealed by an
adhesive and placed in a bag that seals with a zip tie for delivery or to-go
with food orders
Allow a brewery, distillery, or winery to transfer an alcoholic beverage in
bulk to another brewery, distillery, or winery if the alcoholic beverage is used
only for manufacturing purposes and if the transfer is allowed by federal law
Allow event permit fees to be refunded if the event was cancelled due to
Coronavirus for certain license types
Allow wholesalers to repurchase a product from a retailer if the excess is the
result of a cancelled event and it was purchased no earlier than February 16,
2020
Allow members of the manufacturing and wholesale tiers to provide
logistical support to retailers in delivering grocery products to their stores
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Authorize distillers to make hand sanitizer
Waive the late fee for TABC license and permit renewals expiring on or after
March 13, 2020 and submitted after the 30 day grace period
Texas Department of Insurance
Agency Action
State-Regulated Require telemedicine visits for patients with state-regulated plans to be paid
Health Insurance the same as in-office visits for insurance purposes
Request state-regulated insurers waive co-payments, co-insurance, and
deductibles for COVID-19 testing
Request state-regulated insurers waive consumer cost-sharing and facilitate
expanded use of telemedicine
Request state-regulated insurers cover necessary medical equipment,
supplies, and services
Request state-regulated insurers waive penalties, restrictions and claims
denials for necessary out-of-network services
Request state-regulated insurers waive requirements for pre-authorization,
referrals, notification of hospital admission, or medical necessity reviews for
care consistent with CDC guidance
Request state-regulated insurers allow extra time for health providers and
facilities to file claims
Pharmacy Refills Require state-regulated health insurance companies to pay for a 90-day refill
of covered medications, allow prescriptions to be filled at out-of-network
pharmacies at no additional cost to the consumer if the drug isn’t available
quickly through mail order or at an in-network pharmacy within 30 miles,
allow for substitutions if the plan’s preferred drug isn’t available due to
shortages or distribution issues, and waive any requirement for a consumer’s
signature
Require state regulated health plans to extend established prior
authorization approvals
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Prompt Pay Authorize tolling of the prompt pay submission deadline when a provider
cannot meet the deadline due to a catastrophic event, such as the
COVID-19 pandemic
Extend claim-handling deadlines imposed by the state’s prompt payment
laws for an additional 15 days to help carriers respond to the COVID-19
outbreak
Property and Expedite approvals for property and casualty filings that provide additional
Casualty Insurance coverage or relief to policyholders during the COVID-19 outbreak
Licensing Issue temporary agent licenses without required testing or additional fees; all
training can be completed online, and fingerprints will be submitted later
*Extend licenses that expire March or April for Texas‑licensed insurance
agents, adjusters, title agents, escrow officers, fire alarm licensees, fire
extinguisher licensees, fire sprinkler licensees, life settlement brokers, and
life settlement providers for two months with no late fees
Division of Workers Compensation
Agency Action
Allow for billing and reimbursement of certain telemedicine and telehealth
services when they are available as an alternative to office based health care
Suspend work search compliance standards for supplemental benefits,
testing, training, and application requirements for designated doctors and
maximum medical improvement and impairment rating recertification and
required medical exams
Texas Workforce Commission
Agency Action
Waive work search requirements for all claimants
Waive the waiting week for claimants affected by COVID-19
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Extend the due date for 1st quarter 2020 tax reports and payments to May
15, 2020
Allow children participating in the subsidized child care program to accrue
absences without impacting ongoing eligibility
Public Utility Commission
Agency Action
Water and Sewer Suspend rules allowing assessment of late fees on residential customers for
delinquent bills
Prohibit a water utility from charging interest to residential customers on a
deferred payment plan
Suspend disconnects of residential customer accounts for non-payment
Allow water/sewer companies to conduct an estimated reading if they
believe there is a good reason, with the requirement that it’s done in-person
every 60 days
Electricity Suspend rules allowing assessment of late fees on residential customers for
delinquent bills
Suspend disconnects of residential customer accounts for non-payment
Texas Department of Banking
Agency Action
Allow banks to close all or a portion of their offices while ensuring they can
meet the needs of the public
Allow bank examinations to be conducted offsite
Allow electronic signatures and grant an extension through May 31, 2020 for
trust company reports
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Texas Department of Information Resources
Agency Action
None at this time
Texas Department of Savings and Mortgage Lending
Agency Action
Suspend requirements that a physical office be open to the public during
posted normal business hours and allow licensed mortgage loan originators
to work from home or another remote location
Suspend the requirement that a state-chartered savings bank must submit an
independent audit to the Department by no later than the 90th day after the
date its fiscal year ends
Office of Credit Consumer Commissioner
Agency Action
Extend the deadline for a regulated lender to file an annual report with the
OCCC from May 1 to June 1
Allow a licensee to conduct regulated lending activity from unlicensed
locations, if conducted in accordance with OCCC guidelines
Other Actions
Transportation Waive trucking regulations including oversize and overweight permitting
related requirements and registration permit requirements
Waive vehicle registration, titling and disability parking placard regulations
Waive DPS expiration dates for drivers licenses
Healthcare related Waive health care fees for incarcerated inmates
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
COVID-19
Suspended Rules and Regulations
Allow long-term care nursing facilities to hire people to provide nurse aide
services without having to complete a full certification program in their first
four months of employment
Waive COVID-19 medical cost-sharing for public safety employees
Allow healthcare facilities that have pending licenses or facilities that have
been closed for no more than 36 months to come online under existing
hospital building licenses as long as they are administered and operated by
hospitals with existing licenses
Allow for increased occupancy in hospital rooms and allow increase unused
bed capacity without submitting an application or associated fees
Other Expand the virtual services allowed to be conducted by a notary public
Allow virtual and telephonic government open meetings
Ensure students in work-study programs continue to be paid while college
campuses are closed
Waive STAAR testing requirement
PREPARED BY TEXAS SENATE COMMITTEE ON BUSINESS & COMMERCE SENATOR KELLY HANCOCK , CHAIR
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