Notice2023-10041
Delegation of Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 2023
Issuing agencies
Health and Human Services Department
Abstract
The Secretary of the United States Department of Health and Human Services delegated his authorities to the Assistant Secretary for Mental Health and Substance Use within the Substance Abuse and Mental Health Services Administration (SAMHSA) on May 4, 2023. This action is necessary to complete rulemaking being undertaken in conjunction with the Drug Enforcement Administration.
Full Text
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<title>Federal Register, Volume 88 Issue 90 (Wednesday, May 10, 2023)</title>
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[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Page 30141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10041]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Delegation of Authority
AGENCY: Substance Abuse and Mental Health Services Administration,
Department of Health and Human Services.
ACTION: Notice.
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SUMMARY: The Secretary of the United States Department of Health and
Human Services delegated his authorities to the Assistant Secretary for
Mental Health and Substance Use within the Substance Abuse and Mental
Health Services Administration (SAMHSA) on May 4, 2023. This action is
necessary to complete rulemaking being undertaken in conjunction with
the Drug Enforcement Administration.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the Secretary of
the United States Department of Health and Human Services (HHS) has
delegated to the Assistant Secretary for Mental Health and Substance
Use within the Substance Abuse and Mental Health Services
Administration (SAMHSA) the authorities vested in the Secretary of HHS
under Title 21, Chapter 13, Subchapter I, Part A, Section 802(54)(G) of
the United States Code (21 U.S.C. 802(54)(G)) on May 4, 2023.
21 U.S.C. 802(54)(G) authorizes the Secretary of HHS and the
Attorney General to issue regulations (including in 42 CFR chapter I,
if appropriate) that define the term ``practice of telemedicine'' for
purposes of Title 21, Chapter 13, Subchapter I, as the practice of
medicine in accordance with applicable Federal and State laws by a
practitioner (other than a pharmacist) who is at a location remote from
the patient and is communicating with the patient, or health care
professional who is treating the patient, using a telecommunications
system referred to in section 1395m(m) of title 42, which practice is
being conducted under any circumstances that the Attorney General and
the Secretary have jointly, by regulation, determined to be consistent
with effective controls against diversion and otherwise consistent with
the public health and safety.
These authorities may not be redelegated and shall be exercised
under the Department's policy on regulations and the existing
delegation of authority to approve and issue regulations. In addition,
I hereby ratify and affirm any actions taken by the Assistant Secretary
for Mental Health and Substance Use, or other SAMHSA officials, which
involved the exercise of the authorities delegated prior to the
effective date of the delegation on May 4, 2023.
Xavier Becerra,
Secretary of Health and Human Services.
[FR Doc. 2023-10041 Filed 5-9-23; 8:45 am]
BILLING CODE 4162-20-P
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</html>Indexed from Federal Register on May 10, 2023.
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