[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Page 30141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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