TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 415. PROVIDER CLINICAL RESPONSIBILITIES--MENTAL HEALTH SERVICES

SUBCHAPTER C. USE AND MAINTENANCE OF DEPARTMENT OF STATE HEALTH SERVICES/DEPARTMENT OF AGING AND DISABILITY SERVICES DRUG FORMULARY

25 TAC §§415.101 - 415.111

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §415.101, concerning Purpose; §415.102, concerning Application; §415.103, concerning Definitions; §415.104, concerning General Requirements; §415.105, concerning Organization of DSHS/DADS Drug Formulary; §415.106, concerning Executive Formulary Committee; §415.107, concerning Responsibilities of the Executive Formulary Committee; §415.108, concerning Applying to Have a Drug Added to the Formulary; §415.109, concerning Changing the DSHS/DADS Drug Formulary; §415.110, concerning Prescribing Non-formulary Drugs; and §415.111, concerning Adverse Drug Reactions.

BACKGROUND AND PURPOSE

The proposed repeals are necessary to reflect the transition of programs from the Department of State Health Services (DSHS) to HHSC. Rules in Texas Administrative Code (TAC) Title 25, Part 1, Chapter 415, Subchapter C are repealed, updated, reorganized, and proposed in 26 TAC Chapter 306, Subchapter G. The new rules are proposed simultaneously elsewhere in this issue of the Texas Register.

SECTION-BY-SECTION

The proposed rule repeals delete the rules in 25 TAC Chapter 415, Subchapter C, to reorganize and update the rules to be relocated to 26 TAC Chapter 306, Subchapter G.

FISCAL NOTE

Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the repeals will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years that the rules are repealed:

(1) the proposed repeals will not create or eliminate a government program;

(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;

(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;

(4) the proposed repeals will not affect fees paid to HHSC;

(5) the proposed repeals will not create a new rule;

(6) the proposed repeals will repeal existing rules;

(7) the proposed repeals will not change the number of individuals subject to the rules; and

(8) the proposed repeals will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities.

The proposed repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these repeals because the repeals do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Timothy E. Bray, Associate Commissioner of State Hospitals, and Scott Schalchlin, Associate Commissioner of State Supported Living Centers, have determined that for each year of the first five years the repeals are in effect, the public will benefit from the elimination of rules that refer to an agency, Texas Department of Mental Health and Mental Retardation, that no longer exists.

Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to HHSC, Health and Specialty Care System, Mail Code 619E, P.O. Box 13247, Austin, Texas 78711-3247, or by email to healthandspecialtycare@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rules 19R052 Drug Formulary" in the subject line.

STATUTORY AUTHORITY

The repeals 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 §533.0356 which allows the Executive Commissioner of HHSC to adopt rules to govern the operations of local behavioral health authorities; §571.006, which provides the Executive Commissioner of HHSC with authority to adopt rules as necessary for the proper and efficient treatment of persons with mental illness; and §534.052, which requires the adoption of rules necessary and appropriate to ensure the adequate provision of mental health services through a local authority.

The repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code §533.0356, §571.006, and §534.052.

§415.101.Purpose.

§415.102.Application.

§415.103.Definitions.

§415.104.General Requirements.

§415.105.Organization of DSHS/DADS Drug Formulary.

§415.106.Executive Formulary Committee.

§415.107.Responsibilities of the Executive Formulary Committee.

§415.108.Applying to Have a Drug Added to the Formulary.

§415.109.Changing the DSHS/DADS Drug Formulary.

§415.110.Prescribing Non-formulary Drugs.

§415.111.Adverse Drug Reactions. The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 6, 2020.

TRD-202004160

Karen Ray

Chief Counsel

Department of State Health Services

Earliest possible date of adoption: November 22, 2020

For further information, please call: (512) 206-5084