PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 411. STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER J. STANDARDS OF CARE AND TREATMENT IN PSYCHIATRIC HOSPITALS
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Title 25, Chapter 411, Subchapter J, concerning Standards of Care and Treatment in Psychiatric Hospitals. The repeal is comprised of §§411.451 - 411.455, 411.459, 411.461 - 411.465, 411.468, 411.471 - 411.477, 411.482 - 411.485, 411.488, 411.490, 411.493 - 411.496, 411.499, and 411.500.
The repeals are adopted without changes to the proposed text as published in the January 1, 2021, issue of the Texas Register (46 TexReg 81) and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to remove the rules in Chapter 411, Subchapter J, Standards of Care and Treatment in Psychiatric Hospitals and adopt new rules in Title 26, Part 1, Chapter 568, Standards of Care and Treatment in Psychiatric Hospitals. The rules for Title 26, Chapter 568 are published elsewhere in this issue of the Texas Register and are substantially similar to the rules proposed for repeal. The new rules comply with current statute, create consistent training guidelines, correct outdated citations, and update language throughout to reflect the transition to the new title.
COMMENTS
The 31-day comment period ended February 2, 2021.
During this period, HHSC did not receive any comments regarding the proposed repeal.
DIVISION 1. GENERAL REQUIREMENTS
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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101807
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
25 TAC §§411.459, 411.461 - 411.465
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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101808
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeal is 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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101810
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101811
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101814
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeal is 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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101815
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
STATUTORY AUTHORITY
The repeal is 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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101816
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101817
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
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, and Texas Health and Safety Code Chapter 161 and Chapters 571-578.
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 May 7, 2021.
TRD-202101819
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: January 1, 2021
For further information, please call: (512) 834-4591
The Texas Health and Human Services Commission (HHSC) adopts the repeal of §§411.601 - 411.604, 411.608 - 411.613, 411.617, 411.621 - 411.624, 411.628 - 411.633, 411.637, 411.641, 411.645, 411.646, 411.649, and 411.650 in Texas Administrative Code (TAC), Title 25, Part 1, Chapter 411, Subchapter M, concerning Standards of Care and Treatment in Crisis Stabilization Units. The repeal is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 8995), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
As required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of repealing and replacing these rules is to outline requirements for standards of care for individuals receiving treatment and services in a crisis stabilization unit (CSU) to ensure the continued operation of CSUs.
New rules in 26 TAC, Part 1, Chapter 306, Subchapter B, Standards of Care and Treatment in Crisis Stabilization Units are adopted elsewhere in this issue of the Texas Register.
COMMENTS
The 31-day comment period ended January 19, 2021. During this period, HHSC did not receive comments regarding the proposed repeal.
DIVISION 1. GENERAL REQUIREMENTS
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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101802
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101803
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
STATUTORY AUTHORITY
The repeal is 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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101804
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101805
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101806
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
STATUTORY AUTHORITY
The repeal is 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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101809
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
STATUTORY AUTHORITY
The repeal is 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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101813
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101818
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346
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 §534.053, which requires the Executive Commissioner of HHSC to adopt rules and standards for services provided by community centers and their subcontractors; and Texas Health and Safety Code, Chapter 577, Subchapter A which set forth general provisions, licensing requirements and penalties, and HHSC adoption of rules and standards for CSU programs.
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 May 7, 2021.
TRD-202101820
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: May 27, 2021
Proposal publication date: December 18, 2020
For further information, please call: (512) 838-4346