reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 12.0121 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.0121. Contracting for Professional Services

Sec. 12.0121.  CONTRACTING FOR PROFESSIONAL SERVICES.  (a)  In this section, "professional services" means those services performed by an individual who is licensed, certified, registered, or otherwise authorized by the state and who acts within the scope of the individual's license, certification, registration, or other authorization in the practice of a health or allied health profession.(b)  The executive commissioner by rule shall adopt a list of categories of licensed, certified, registered, or otherwise authorized providers to whom the department may award a grant for professional services under this section or with whom the department may contract or otherwise engage to perform professional services under this section.(c)  The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services selected on the basis of competitive proposals submitted for the grant, contract, or services to be performed.  The department may also make the selection on the basis of:(1)  demonstrated competence and qualifications for the type of professional services to be performed;  and(2)  whether the fees for the professional services to be performed are fair, reasonable, and consistent with and not higher than the usual and customary fees for the services to be performed and do not exceed any maximum provided by state law.(d)  The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services without complying with Subsection (c) if the executive commissioner by order determines that an emergency exists that necessitates the use of different procedures.  A grant, contract, or engagement under this subsection is effective only for the period specified by the executive commissioner's order.|Added by Acts 1991, 72nd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0013, eff. April 2, 2015.|
TX Health & Safety Code § 12.0122 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.0122. Sale of Laboratory Services

Sec. 12.0122.  SALE OF LABORATORY SERVICES.  (a)  The department may enter into a contract for the sale and provision of laboratory services in accordance with this section.(b)  The department may enter into a contract with:(1)  a federal, state, or local governmental entity;  or(2)  a freestanding public health clinic owned or controlled by a nonprofit organization.(c)  For purposes of Subsection (b)(1), a contract with a federal governmental entity does not include a contract relating to Medicare managed care services.(d)  The executive commissioner by rule may establish fees that the department may collect for the sale of laboratory services.(e)  The department may enter into a contract with a party in or outside of this state.(f)  In this section, "laboratory services" means the activities performed by the laboratory established by the department.  The term includes the provision of supplies and test materials and the performance of scientific procedures to analyze or assess specimens from any source, but does not include tissue and cytology specimens, except for pap smears for recipients under federally funded programs or genetic testing.|Added by Acts 1997, 75th Leg., ch. 647, Sec. 1, eff. June 11, 1997.  Renumbered from Sec. 12.020 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(62), eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0014, eff. April 2, 2015.|
TX Health & Safety Code § 12.0125 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.0125. Drug Rebates

Sec. 12.0125.  DRUG REBATES.  (a)  The department shall develop a voluntary drug manufacturer rebate program for drugs purchased by or on behalf of a client of the Kidney Health Care Program or the Children with Special Health Care Needs Services Program for which rebates are not available under the Medicaid drug manufacturer rebate program.(b)  The department shall consult with drug manufacturers to develop rebate amounts for the new voluntary rebate program.  The average percentage savings from rebates in the new program may not be less than the average percentage savings from rebates in the Medicaid drug manufacturer rebate program.(c)  Amounts received by the department under the drug rebate program established under this section may be appropriated only for the Kidney Health Care Program or the Children with Special Health Care Needs Services Program.|Added by Acts 1999, 76th Leg., ch. 669, Sec. 2, eff. June 18, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0018, eff. April 2, 2015.|Sec. 12.0127.  IMMIGRATION VISA WAIVERS FOR PHYSICIANS.  (a)  The department, in accordance with 8 U.S.C. Section 1182(e), as amended, under exceptions provided by 8 U.S.C. Section 1184(l), as amended, may request waiver of the foreign country residence requirement for a qualified alien physician who agrees to practice medicine in a medically underserved area or health professional shortage area, as designated by the United States Department of Health and Human Services, that has a current shortage of physicians.(b)  The department may charge a fee to cover the costs incurred by the department in administering the visa waiver program established under this section.(c)  To the extent allowed by federal law, the department shall provide an equal opportunity to request a waiver of the foreign country residence requirement for an individual described by Subsection (a) who agrees to practice medicine in:(1)  an area that the department determines is affected by an ongoing exposure to a disease that is designated as reportable under Section 81.048;(2)  a medically underserved area; or(3)  a health professional shortage area.|Added by Acts 2003, 78th Leg., ch. 143, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 3, eff. September 1, 2015.|
TX Health & Safety Code § 12.0128 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.0128. Health Alert Network

Sec. 12.0128.  HEALTH ALERT NETWORK.  The department shall include local health officials, the Texas Association of Community Health Centers, and the Texas Organization of Rural and Community Hospitals in the department's Texas Health Alert Network to the extent federal funds for bioterrorism preparedness are available for that purpose.|Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 17, eff. June 18, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0019, eff. April 2, 2015.|
TX Health & Safety Code § 12.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.013. Driving and Traffic Policies

Sec. 12.013.  DRIVING AND TRAFFIC POLICIES.  (a)  The department shall continuously study and investigate the medical aspects of:(1)  the licensing of drivers; (2)  the enforcement of traffic safety laws, including differentiation between drivers who are ill or intoxicated;  and(3)  accident investigation, including examination for alcohol or drugs in the bodies of persons killed in traffic accidents.(b)  Based on the studies and investigations, the department periodically shall recommend to the Department of Public Safety appropriate policies, standards, and procedures relating to those medical aspects.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 12.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.014. Registry

Sec. 12.014.  REGISTRY.  (a)  The department may establish a registry or system of registries for providers of health-related services who are not otherwise licensed, registered, or certified by any state agency, board, or commission.(b)  The executive commissioner by rule may adopt reasonable registration fees to cover the costs of establishing and maintaining a registry and may adopt other rules as necessary to administer this section.(c)  A person seeking to register with the department must submit a request for registration on a form prescribed by the department.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 5, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0020, eff. April 2, 2015.|
TX Health & Safety Code § 12.0146 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.0146. Trends in Enforcement

Sec. 12.0146.  TRENDS IN ENFORCEMENT.  The department shall publish annually an analysis of its enforcement actions taken under state law with regard to each profession, industry, or type of facility regulated by the department.  The analysis for each regulatory area must show at a minimum the year-to-year trends in the number and types of enforcement actions taken by the department in its regulation of the profession, industry, or type of facility.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 1.11, eff. Sept. 1, 1999.|
TX Health & Safety Code § 12.015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.015. Information on Community Services

Sec. 12.015.  INFORMATION ON COMMUNITY SERVICES.  (a)  If the department determines that a person is not eligible for a level of care in a nursing facility, the department shall inform the person that community services might be available under a community care for the aged and disabled program administered by the Department of Aging and Disability Services.(b)  The department shall provide to the person a list of services available under the program and a telephone number to call for more information on the services.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 6, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0022, eff. April 2, 2015.|
TX Health & Safety Code § 12.016 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.016. Public Hearing Procedures

Sec. 12.016.  PUBLIC HEARING PROCEDURES.  (a)  Any statements, correspondence, or other form of oral or written communication made by a member of the legislature to a department official or employee during a public hearing conducted by the department shall become part of the record of the hearing, regardless of whether the member is a party to the hearing.(b)  When a public hearing conducted by the department is required by law to be conducted at a certain location, the department shall determine the place within that location at which the hearing will be conducted.  In making that determination, the department shall consider the cost of available facilities and the adequacy of a facility to accommodate the type of hearing and anticipated attendance.(c)  The department shall conduct at least one session of a public hearing after normal business hours on request by a party to the hearing or any person who desires to attend the hearing.(d)  An applicant for a license, permit, registration, or similar form of permission required by law to be obtained from the department may not amend the application after the 31st day before the date on which a public hearing on the application is scheduled to begin.  If an amendment of an application would be necessary within that period, the applicant shall resubmit the application to the department and must again comply with notice requirements and any other requirements of law or department rule as though the application were originally submitted to the department on that date.(e)  If an application for a license, permit, registration, or similar form of permission required by law is pending before the department at the time when changes take effect concerning notice requirements imposed by law for that type of application, the applicant must comply with the new notice requirements.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 9.01, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0023, eff. April 2, 2015.|
TX Health & Safety Code § 12.018 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.018. Unannounced Inspections

Sec. 12.018.  UNANNOUNCED INSPECTIONS.  The department may make any inspection of a facility or program under the department's jurisdiction without announcing the inspection.|Added by Acts 1995, 74th Leg., ch. 531, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.017 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(50), eff. Sept. 1, 1997.|
TX Health & Safety Code § 12.019 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter B. Powers and Duties of Department|Section 12.019. Genetic Counseling Fees

Sec. 12.019.  GENETIC COUNSELING FEES.  (a)  The executive commissioner by rule may set a fee to be collected by the department for providing genetic counseling services.  The fee may not exceed the actual cost of providing the services.(b)  The department shall use the fees for providing genetic counseling services.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.116, eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 12.017 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(51), eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0024, eff. April 2, 2015.|
TX Health & Safety Code § 12.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter D. Fees for Public Health Services|Section 12.031. Definition

Sec. 12.031.  DEFINITION.  In this subchapter, "public health services" means:(1)  personal health promotion, maintenance, and treatment services; (2)  infectious disease control and prevention services; (3)  environmental and consumer health protection services; (4)  laboratory services; (5)  health facility architectural plan review; (6)  public health planning, information, and statistical services; (7)  public health education and information services;  and(8)  administration services.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 12.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter D. Fees for Public Health Services|Section 12.032. Fees for Public Health Services

Sec. 12.032.  FEES FOR PUBLIC HEALTH SERVICES.  (a)  The executive commissioner by rule may adopt fees to be collected by the department from a person who receives public health services from the department.(b)  The executive commissioner by rule may require department contractors to collect fees for public health services provided by department contractors participating in the department's programs.  A department contractor shall retain a fee collected under this subsection and shall use the fee in accordance with the contract provisions.(c)  The amount of a fee collected for a public health service may not exceed the cost to the department of providing the service.(d)  The executive commissioner by rule may establish a fee schedule.  In establishing the schedule, the executive commissioner shall consider a person's ability to pay the entire amount of a fee.(e)  The executive commissioner may not deny public health services to a person because of the person's inability to pay for the services.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0026, eff. April 2, 2015.|
TX Health & Safety Code § 12.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter D. Fees for Public Health Services|Section 12.033. Distribution and Administration of Certain Vaccines and Sera

Sec. 12.033.  DISTRIBUTION AND ADMINISTRATION OF CERTAIN VACCINES AND SERA.  (a)  Except as otherwise provided by this section, the executive commissioner by rule shall adopt fees to be collected by the department for the distribution and administration of vaccines and sera provided under:(1)  Section 38.001, Education Code;(2)  Section 42.043, Human Resources Code;(3)  Chapter 826 (Rabies Control Act of 1981);(4)  Chapter 81 (Communicable Disease Prevention and Control Act); and(5)  Section 161.005.(b)  Except as otherwise provided by this section, the executive commissioner by rule may require a department contractor to collect fees for public health services provided by a contractor participating in a department program under the laws specified by Subsection (a).(c)  Provided the executive commissioner finds that the monetary savings of this subsection are greater than any costs associated with administering it, the executive commissioner by rule shall establish a fee schedule for fees under this section.  In establishing the fee schedule, the executive commissioner shall consider a person's financial ability to pay all or part of the fee, including the availability of health insurance coverage.  In the event the fee schedule conflicts with any federal law or regulation, the executive commissioner shall seek a waiver from the applicable federal law or regulation to permit the fee schedule.  In the event the waiver is denied, the fee schedule shall not go into effect.(d)  The commissioner may waive the fee requirement for any type of vaccine or serum if the commissioner determines that:(1)  a public health emergency exists;  and(2)  the vaccine or serum is needed to meet the emergency.(e)  The department may not deny an immunization to an individual required to be immunized under a law specified by Subsection (a) because of the individual's inability to pay for the immunization.  The department shall provide the immunization at a reduced charge or no charge according to the financial ability of the individual or a person with a legal obligation to support the individual to pay for the immunization.  The department shall give priority to those persons least able to pay for immunization.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 165, Sec. 6.33, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0027, eff. April 2, 2015.|
TX Health & Safety Code § 12.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter D. Fees for Public Health Services|Section 12.034. Collection Procedures

Sec. 12.034.  COLLECTION PROCEDURES.  (a)  The executive commissioner shall establish procedures for the collection of fees for public health services.  The procedures shall be used by the department and by those department contractors required by the executive commissioner to collect fees.(b)  The fees may be collected either before the performance of the services or by billing after the services are performed.(c)  The department shall make a reasonable effort to collect fees billed after services are performed.  However, the executive commissioner by rule may waive the collection procedures if the administrative costs exceed the fees to be collected.(d)  If the executive commissioner elects to require cash payments by program participants, the money received shall be deposited locally at the end of each day and retained by the department for not more than seven days.  At the end of that time, the money shall be deposited in the state treasury.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0028, eff. April 2, 2015.|
TX Health & Safety Code § 12.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter D. Fees for Public Health Services|Section 12.035. Public Health Services Fee Account

Sec. 12.035.  PUBLIC HEALTH SERVICES FEE ACCOUNT.  (a)  The department shall deposit all money collected for fees and charges collected under Sections 12.0122(d) and 12.032(a) in the state treasury to the credit of the public health services fee account in the general revenue fund.(b)  The department shall maintain proper accounting records to allocate the money among the state and federal programs generating the fees and administrative costs incurred in collecting the fees.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 647, Sec. 2, eff. June 11, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 19.02(11), eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0029, eff. April 2, 2015.|
TX Health & Safety Code § 12.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle A - Department of State Health Services|Chapter 12 - Powers and Duties of Department of State Health Services|Subchapter D. Fees for Public Health Services|Section 12.036. Subrogation

Sec. 12.036.  SUBROGATION.  (a)  In furnishing public health services to a person, the department is subrogated to the person's right of recovery from:(1)  personal insurance; (2)  another person, for a personal injury caused by the other person's negligence or wrongdoing;  or(3)  any other source.(b)  The department's right of subrogation is limited to the cost of the services provided.(c)  The executive commissioner or the executive commissioner's designee may waive the department's right of subrogation in whole or in part if the executive commissioner or the designee determines that:(1)  enforcement of the right would tend to defeat the purpose of the department's program; or(2)  the administrative expense of the enforcement would be greater than the expected recovery.(d)  The executive commissioner may adopt rules for the enforcement of the department's right of subrogation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0030, eff. April 2, 2015.|