Texas Register Preamble
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 §1.132, concerning Definitions; §1.133, concerning Scope, Covering Exemptions and Minimum Parametric Standards for Waste Treatment Technologies Previously Approved by the Texas Department of State Health Services; §1.134, concerning Application; and §1.136, concerning Approved Methods of Treatment and Disposition without changes to the proposed text as published in the March 16, 2018, issue of the Texas Register (43 TexReg 1558). The rule text will not be republished.
BACKGROUND AND PURPOSE
Senate Bill 8, 85th Legislature, 2017, Regular Session, added Texas Health and Safety Code, Chapter 697, relating to the disposition of embryonic and fetal tissue remains and excluding this material from the definition of pathological waste. HHSC adopted rules to implement Chapter 697 in 25 TAC Chapter 138 concerning Disposition of Embryonic and Fetal Tissue Remains, effective on February 1, 2018. The amendments to Subchapter K delete the references to fetal tissue, because Chapter 138 now applies to this material.
The comment period ended on April 16, 2018. During this period, DSHS did not receive any comments regarding the proposed rules.
Texas Health and Safety Code, Chapter 697, as adopted in Senate Bill 8, 85th Legislature, 2017, Regular Session, requires the dignified disposition of embryonic and fetal tissue remains and removes embryonic and fetal tissue from the definition of pathological waste. These rules are now in conflict with Texas Health and Safety Code, Chapter 697 and are being amended to conform to the new Chapter 697. Texas Government Code, §531.0055, Texas Health and Safety Code, §12.001, and Texas Health and Safety Code, §1001.075 authorize the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.
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