One of the charges of “securities fraud” involving Gov. Greg Abbott concerns declarations made in mid-March to late March of 2020 that people attending CNA (Certified Nursing Assistant) programs and certain students of particular medical specialities would be authorized as if fully licensed to work in a response to his March 16, 2020 “Declaration of a State of Emergency Regarding COVID-19.” The news announcement was made as part of an evening broadcast on television, local to Dallas news. This was specifically of concern regarding changes to Texas licensing law that went into effect on Sept. 1, 2017, specific to pharmacists and “behavioral analysts.” 

 

The concerns regarding “behavioral analysts” were in connection with concurrent changes to licensing laws regarding “polygraph examiners” per military occupational speciality (MOS). At The Texas Department of Licensing and Regulation in Austin there was in the lobby a computer terminal that as of the first week to 10 days of September of 2017 presented changes as a single page, with civilian license changes on the upper part of page and MOS changes on the lower part of the page with links to other pages. It appeared in that format as if it were a form of “pairing” between civilian and MOS designations. These included cosmetologists and barbers (“barbers” also being a military MOS). Recall the history of the barbers pole, as there were also updates to phlebotomists. 

 

There was an additional concern regarding CNA training programs, as well as “medical technicians,” including those that would have had x-ray technician duties requiring certain certification, that would include those provided by a Texas Workforce grant (in accordance with federal workforce appropriations). These concerns were:

 

a) the relationship between the TWS and the Texas Veterans Commission; 

b) the TWS and the Wyndham School District that occurred in late 2018; and 

c) the database for students of training programs provided through TWS-administered workforce grants (See 18-0600). 

 

The major “fraud” involves the designation of “students” as if they had fulfilled the required supervised training period to be certified as a professional and the implications for both insurance, including liability, as well as other specialties that required verified supervised training hours to qualify for the certification of professional status. What would be the long-term implications, including budgetary considerations of workforce training outlays regarding those sectors, as well as benefits to supervisors who otherwise may have had some responsibility regarding the performance of one legally qualified as a student under supervision? 

 

Would the Governor personally take on the responsibilities of a medical professional qualified for such supervision, including in consideration of liability regarding performance by those specially designated per his order? What about the Texas State Senate and/or House of Representatives? How about regarding authorizations for information per terms of Texas law regarding financial information on immunizations? 

I contended EVEN BEFORE COVID-19 (see Memo to Salvation Army of May 1, 2018 and 18-0600 of June 29, 2018) that THAT specific Texas law provided legal duty to provide specific information on immunizations and other qualifying “medical tests,” up to and including qualifications for vaccines, that could be used in preventative measures and compels consideration of activities and disclosure concerning the Texas Commission on Biotechnology, Biomedicine, Nanotechnology and Bioengineering, originally authorized via the Small Business Operations Code by Gubernatorial Commission effective Sept. 1, 2005. The terms of this commission as of 2017 had changed in context of its legal authority, however, its relationship to the changed immunization laws has yet to be verified. 

 

30 November 2021 (handwritten and misdated for two days earlier) 

East facing clock reads 9:11 am CST*

Finished by 9:34 am CST

 

Proofread and typed into electronic format by 2:10 pm CST

Dec. 3, 2021

 

*The east facing clock and the south facing clock had a time-space differential of 13 minutes that day in regards to the events that preceded the composition of this report.