PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 5. PROVIDER CLINICAL RESPONSIBILITIES--INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER C. USE AND MAINTENANCE OF DRUG FORMULARY
As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1.
Therefore, the Executive Commissioner of HHSC adopts the repeal of §5.101, concerning Purpose; §5.102, concerning Application; §5.103, concerning Definitions; §5.104, concerning General Requirements; §5.105, concerning Organization of TDMHMR Drug Formulary; §5.106, concerning Executive Formulary Committee; §5.107, concerning Responsibilities of the Executive Formulary Committee; §5.108, concerning Applying to Have a Drug Added to the Formulary; §5.109, concerning Changing the TDMHMR Drug Formulary; §5.110, concerning Prescribing Non-formulary Drugs; §5.111, concerning Adverse Drug Reactions; §5.112, concerning Exhibit; §5.113, concerning References; and §5.114, concerning Distribution.
The repeals of §§5.101 - 5.114 are adopted without changes to the proposed text as published in the October 23, 2020, issue of the Texas Register (45 TexReg 7544). The sections will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals reflect the transition of programs from the Department of Aging and Disability Services to HHSC. The repeals are replaced by Texas Administrative Code Title 26, Part 1, Chapter 306, Subchapter G, new §§306.351 - 306.360. The new sections are adopted simultaneously elsewhere in this issue of the Texas Register.
COMMENTS
The 31-day comment period ended November 23, 2020.
During this period, HHSC did not receive any comments regarding the repeal of these rules.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, Texas Health and Safety Code, §591.004 which provides that the Executive Commissioner of HHSC shall adopt rules to implement the Persons with an Intellectual Disability Act; and §533A.0355 which provides that the Executive Commissioner of HHSC shall adopt rules establishing the roles and responsibilities of local intellectual and developmental disability authorities.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 4, 2021.
TRD-202100464
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Effective date: February 24, 2021
Proposal publication date: October 23, 2020
For further information, please call: (512) 438-3049