PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 91. CANCER
SUBCHAPTER A. CANCER REGISTRY
25 TAC §91.11, §91.12
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §91.11, concerning Requests for Statistical Cancer Data; and §91.12, concerning Requests and Release of Confidential Cancer Data. The amendments to §91.11 and §91.12 are adopted without changes to the proposed text as published in the December 9, 2022, issue of the Texas Register (47 TexReg 8086) and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with 45 Code of Federal Regulations §46.114 (updated in 2018) that requires research institutions to use a single institutional review board for federally supported research involving more than one institution.
The amendments will allow the state to remain eligible for federal grants and maintain compliance with Texas Health and Safety Code, Chapter 82 (Texas Cancer Incidence Reporting Act).
The 31-day comment period ended Monday, January 9, 2023.
During this period, DSHS did not receive any comments regarding the proposed rules.
The amendments are authorized by 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, and Texas Health and Safety Code, §82.006, which authorizes the Executive Commissioner of HHSC to adopt rules considered necessary to implement the Texas Cancer Incidence Reporting Act; and by Texas Health and Safety Code, §1001.075, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.
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 28, 2023.
Department of State Health Services
Effective date: March 20, 2023
Proposal publication date: December 9, 2022
For further information, please call: (512) 776-3633