The Texas Behavioral Health Executive Council adopts amendments to §884.10, relating to Investigation of Complaints. Section 884.10 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5643) and will not be republished.

Reasoned Justification.

This amendment would allow Council staff to close without investigation a complaint that lacks sufficient evidence to identify a violation or where the complainant is uncooperative.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

Three commenters offered support for the amendment, with one noting the change was efficient and that closing complaints that do not have sufficient evidence to go forward makes sense. One commenter suggested also adding a new category of "medium priority" when prioritizing complaint investigations that do not rise to the level of a high priority such as physical danger, but that could nevertheless result in potential mental or emotional abuse.

Agency Response.

The Council thanks commenters for their supportive comments. At this time the agency declines to add an additional prioritization category, but will keep the suggestion under advisement.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

The Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.