The Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code (TAC) Title 25, Part 1, Chapter 414, Subchapter P, consisting of §414.751, concerning Purpose; §414.752, concerning Application; §414.753, concerning Definitions; §414.754, concerning General Principles; §414.755, concerning Designated Institutional Review Board (IRB); §414.756, concerning IRB Functions and Operations; §414.757, concerning Review and Approval of Proposed Research; §414.758, concerning Informed Consent; §414.759, concerning Research Involving Offenders as Human Subjects; §414.760, concerning Using and Disclosing Protected Health Information (PHI) in Research; §414.761, concerning Investigation of Allegations of Misconduct in Science; §414.762, concerning Responsibilities of the Office of Research Administration (ORA); §414.763, concerning Exhibits; §414.764, concerning References; and §414.765, concerning Distribution.

Sections 414.751, 414.752, 414.753, 414.754, 414.755, 414.756, 414.757, 414.758, 414.759, 414.760, 414.761, 414.762, 414.763, 414.764, and 414.765 are adopted without changes to the proposed text as published in the July 8, 2022, issue of the Texas Register (47 TexReg 3908). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the adoption is to reflect the transition of programs from DSHS to HHSC by repealing rules in 25 TAC, Part 1, Chapter 414, Subchapter P and simultaneously adopting new rules in 26 TAC Chapter 925. The adoption of new rules is published elsewhere in this issue of the Texas Register. The new rules reflect the transition of programs to HHSC; and update research protocols to align with applicable federal laws.

COMMENTS

The 31-day comment period ended August 8, 2022.

During this period, HHSC did not receive any comments regarding the proposed repeals.

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 §574.154, regarding participation in research.