PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 94. NURSE AIDES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Title 40, Part 1, Chapter 94, Nurse Aides, consisting of §94.1.
The repeal of Chapter 94 is adopted without changes to the proposed text as published in the October 20, 2023, issue of the Texas Register (48 TexReg 6198). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adoption removes unnecessary rules from the Texas Administrative Code. 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 HHSC in accordance with Texas Government Code §531.0201 and §531.02011. In September 2018, the rules pertaining to Nurse Aides in Chapter 94 were repealed and proposed as new rules in Title 26, Part 1, Chapter 556, and a reference to those rules was adopted in Chapter 94. This reference is no longer needed and not the current practice for repealing and proposing new rules.
COMMENTS
The 31-day comment period ended November 20, 2023.
During this period, HHSC did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal is 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 Government Code §531.0202(b), abolishing DADS, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011.
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 December 14, 2023.
TRD-202304730
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Effective date: January 3, 2024
Proposal publication date: October 20, 2023
For further information, please call: (512) 221-9021
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Title 40, Part 1, Chapter 95, Medication Aides--Program Requirements, consisting of §95.1.
The repeal is adopted without changes to the proposed text as published in the October 20, 2023, issue of the Texas Register (48 TexReg 6199). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adoption removes unnecessary rules from the Texas Administrative Code. 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 HHSC in accordance with Texas Government Code §531.0201 and §531.02011. In September 2018, the rules pertaining to Medication Aides--Program Requirements in Chapter 95 were repealed and proposed as new rules in Title 26, Part 1, Chapter 557, and a reference to those rules was adopted in Chapter 95. This reference is no longer needed and not the current practice for repealing and proposing new rules.
COMMENTS
The 31-day comment period ended November 20, 2023.
During this period, HHSC did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal is 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 Government Code §531.0202(b), abolishing DADS, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011.
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 December 14, 2023.
TRD-202304731
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Effective date: January 3, 2024
Proposal publication date: October 20, 2023
For further information, please call: (512) 221-9021
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Title 40, Part 1, Chapter 99, Denial or Refusal of License, consisting of §99.1.
The repeal is adopted without changes to the proposed text as published in the October 20, 2023, issue of the Texas Register (48 TexReg 6200). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adoption removes unnecessary rules from the Texas Administrative Code. 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 HHSC in accordance with Texas Government Code §531.0201 and §531.02011. In September 2018, the rules pertaining to Denial or Refusal of License in Chapter 99 were repealed and proposed as new rules in Title 26, Part 1, Chapter 560, and a reference to those rules was adopted in Chapter 99. This reference is no longer needed and not the current practice for repealing and proposing new rules.
COMMENTS
The 31-day comment period ended November 20, 2023.
During this period, HHSC did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal is 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 Government Code §531.0202(b), abolishing DADS, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011.
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 December 14, 2023.
TRD-202304732
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Effective date: January 3, 2024
Proposal publication date: October 20, 2023
For further information, please call: (512) 221-9021