reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.001. Short Title; Purpose

Sec. 42.001.  SHORT TITLE;  PURPOSE.  (a)  This chapter may be cited as the Texas Kidney Health Care Act.
(b)  The state finds that one of the most serious and tragic problems facing the public health and welfare is the death each year from end stage renal disease of hundreds of persons in this state, when the present state of medical art and technology could return many of those individuals to a socially productive life.  Patients may die for lack of personal financial resources to pay for the expensive equipment and care necessary for survival.  The state therefore recognizes a responsibility to allow its citizens to remain healthy without being pauperized and a responsibility to use the resources and organization of the state to gather and disseminate information on the prevention and treatment of end stage renal disease.
(c)  A comprehensive program to combat end stage renal disease must be implemented through the combined and correlated efforts of individuals, state and local governments, persons in the field of medicine, universities, and nonprofit organizations.  The program provided by this chapter is designed to direct the use of resources and to coordinate the efforts of the state in this vital matter of public health.
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. 3.0140, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.002. Definitions

Sec. 42.002.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(18), eff. April 2, 2015.
(2)  "Other benefit" means a benefit, other than one provided under this chapter, to which a person is entitled for payment of the costs of medical care and treatment, services, pharmaceuticals, transportation, and supplies, including benefits available from:
(A)  an insurance policy, group health plan, or prepaid medical care plan;
(B)  Title XVIII or Title XIX of the Social Security Act (42 U.S.C. Sec. 1395 et seq. and 42 U.S.C. Sec. 1396 et seq.);
(C)  the United States Department of Veterans Affairs;
(D)  the TRICARE program of the United States Department of Defense;
(E)  workers' compensation or other compulsory employers' insurance programs;
(F)  a public program created by federal law, state law, or the ordinances or rules of a municipality or other political subdivision of the state, excluding benefits created by the establishment of a municipal or county hospital, a joint municipal-county hospital, a county hospital authority, or a hospital district; or
(G)  a cause of action for medical expenses brought by an applicant for or recipient of services from the department, or a settlement or judgment based on the cause of action, if the expenses are related to the need for services provided under this chapter.
(3)  "Serum creatinine test" is a diagnostic test of a person's blood that measures the level of creatinine present in the blood.
(4)  "Estimated glomerular filtration rate" is a calculation of a person's kidney function based on:
(A)  the person's age, race, and gender; and
(B)  the results of the person's serum creatinine test.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1296 (H.B. 2330), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0141, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(18), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.003. Kidney Health Care Program

Sec. 42.003.  KIDNEY HEALTH CARE PROGRAM.  (a)  The kidney health care program is in the department to carry out this chapter.
(b)  The department may develop and expand programs for the care and treatment of persons with end stage renal disease, including dialysis and other lifesaving medical procedures and techniques.
(c)  The executive commissioner may adopt rules necessary to carry out this chapter and to provide adequate kidney care and treatment for citizens of this state.
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. 3.0142, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.004. Services

Sec. 42.004.  SERVICES.  (a)  The department shall provide kidney care services directly or through public or private resources to persons the department determines to be eligible for services authorized under this chapter.
(b)  The department may cooperate with other departments, agencies, political subdivisions, and public and private institutions to provide the services authorized by this chapter to eligible persons, to study the public health and welfare needs involved, and to plan, establish, develop, and provide programs or facilities and services that are necessary or desirable, including any that are jointly administered with state agencies.
(c)  The department may conduct research and compile statistics relating to the provision of kidney care services and the need for the services by persons with disabilities.
(d)  The department may contract with schools, hospitals, corporations, agencies, and individuals, including doctors, nurses, and technicians, for training, physical restoration, transportation, and other services necessary to treat and care for persons with end stage renal disease.
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. 3.0143, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.0045. Distribution of Drugs and Devices

Sec. 42.0045.  DISTRIBUTION OF DRUGS AND DEVICES.  (a)  Sections 483.041(a) and 483.042 of this code, Subtitle J, Title 3, Occupations Code, and other applicable laws establishing prohibitions do not apply to a dialysate, device, or drug exclusively used or necessary to perform dialysis that a physician prescribes or orders for administration or delivery to a person with end stage renal disease if:
(1)  the dialysate, device, or drug is lawfully held by a manufacturer or wholesaler licensed by the department;
(2)  the manufacturer or wholesaler delivers the dialysate, device, or drug to:
(A)  a person with end stage renal disease for self-administration at the person's home or a specified address, as ordered by a physician; or
(B)  a physician for administration or delivery to a person with end stage renal disease; and
(3)  the manufacturer or wholesaler has sufficient and qualified supervision to adequately protect the public health.
(b)  The executive commissioner shall adopt rules necessary to ensure the safe distribution, without the interruption of supply, of a dialysate, device, or drug covered by Subsection (a). The rules must include provisions regarding manufacturer and wholesaler licensing, record keeping, evidence of a delivery to a patient or a patient's designee, patient training, specific product and quantity limitation, physician prescriptions or order forms, adequate facilities, and appropriate labeling to ensure that necessary information is affixed to or accompanies the dialysate, device, or drug.
(c)  If the department determines that a dialysate, device, or drug distributed under this chapter is ineffective or unsafe for its intended use, the department may immediately recall the dialysate, device, or drug distributed to an individual patient.
(d)  A dialysate, device, or drug covered by Subsection (a) may be delivered only by:
(1)  the manufacturer or wholesaler to which the physician has issued an order;  or
(2)  a carrier authorized to possess the dialysate, device, or drug under Section 483.041(c).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 12, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.769, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0144, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.0047. Estimated Glomerular Filtration Rate Reporting

Sec. 42.0047.  ESTIMATED GLOMERULAR FILTRATION RATE REPORTING.  (a)  A laboratory that performs a serum creatinine test on a sample from a person 18 years of age or older shall also calculate and include in the reported results the person's estimated glomerular filtration rate or the results of an alternative equivalent calculation measuring kidney function if the laboratory receives along with the sample all relevant clinical information about the person necessary to calculate the person's estimated glomerular filtration rate or perform an alternative equivalent calculation.  A physician requesting a serum creatinine test shall provide to the laboratory all relevant clinical information about the person necessary to calculate the person's estimated glomerular filtration rate or perform an alternative equivalent calculation unless the physician determines that the calculation is unnecessary.
(b)  The requirements under Subsection (a) do not apply to:
(1)  a laboratory that uses equipment to perform serum creatinine tests that cannot be reprogrammed to calculate the estimated glomerular filtration rate or perform an alternative equivalent calculation measuring kidney function; or
(2)  a laboratory performing a serum creatinine test on a sample taken from a patient who is being treated in a hospital.
Added by Acts 2009, 81st Leg., R.S., Ch. 1296 (H.B. 2330), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.005. Facilities

Sec. 42.005.  FACILITIES.  (a)  The executive commissioner may establish standards for the accreditation of all facilities designed or intended to deliver care or treatment for persons with end stage renal disease, and the department shall maintain all established standards.
(b)  The department may conduct surveys of existing facilities in this state that diagnose, evaluate, and treat patients with end stage renal disease and may prepare and submit its findings and a specific program of action.
(c)  The department may evaluate the need to create local or regional facilities and to establish a major kidney research center.
(d)  The department may:
(1)  establish or construct rehabilitation facilities and workshops;
(2)  make grants to public agencies and make contracts or other arrangements with public and other nonprofit agencies, organizations, or institutions for the establishment of workshops and rehabilitation facilities; and
(3)  operate facilities to carry out this chapter.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(18), eff. April 2, 2015.
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. 3.0145, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(18), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.006. Selection of Service Providers

Sec. 42.006.  SELECTION OF SERVICE PROVIDERS.  (a)  The department shall select providers to furnish kidney health care services under the program according to the criteria and procedures adopted by the executive commissioner.
(b)  The department shall provide a hearing procedure in accordance with department rules for the resolution of conflicts between the department and a provider.  Chapter 2001, Government Code, does not apply to conflict resolution procedures adopted under this section.
(c)  The department may not terminate a contract while a hearing is pending under this section.  The department may withhold payments while the hearing is pending, but shall pay the withheld payments and resume contract payments if the final determination is in favor of the provider.
(d)  Subsections (b) and (c) do not apply if a contract:
(1)  is canceled because program services are restricted to conform to budgetary limitations that require the executive commissioner to adopt service priorities regarding types of services to be furnished or classes of eligible individuals; or
(2)  expires according to its terms.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0146, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.007. Eligibility for Services

Sec. 42.007.  ELIGIBILITY FOR SERVICES.  The executive commissioner may determine the terms, conditions, and standards, including medical and financial standards, for the eligibility of persons with end stage renal disease to receive the aid, care, or treatment provided under this chapter.
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. 3.0147, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.008. Denial, Modification, Suspension, or Termination of Services

Sec. 42.008.  DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.  (a)  After notice and an opportunity for a hearing, the department for cause may deny the application of or modify, suspend, or terminate services to an applicant for or recipient of services.
(b)  The program rules adopted by the executive commissioner must contain the criteria for the department's action under this section.
(c)  Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of services provided under this chapter.  Hearings under this section must be conducted in accordance with the department's hearing rules.
(d)  This section does not apply if program services are restricted to conform to budgetary limitations that require the executive commissioner to adopt service priorities regarding types of services to be furnished or classes of eligible persons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0148, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.009. Reimbursement

Sec. 42.009.  REIMBURSEMENT.  (a)  An applicant or recipient is not eligible to receive services provided by this chapter to the extent that the applicant or recipient, or another person with a legal obligation to support the applicant or recipient, is eligible for some other benefit that would pay for all or part of the services provided by this chapter.
(b)  When an application is made under this chapter or at any time while a person is eligible and receiving services under this chapter, the applicant or recipient, or the person with a legal obligation to support the applicant or recipient, shall inform the department of any other benefit to which the applicant or recipient, or the person with a legal obligation to support the applicant or recipient, may be entitled.
(c)  A recipient who has received services that are covered by some other benefit, or the person with a legal obligation to support that recipient, shall reimburse the department to the extent of the cost of services provided when the other benefit is received.
(d)  The executive commissioner may waive the provisions of Subsection (a) in certain individually considered cases when the enforcement of that provision will deny services to a class of end stage renal disease patients because of conflicting state or federal laws or rules.
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. 3.0149, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.010. Recovery of Costs

Sec. 42.010.  RECOVERY OF COSTS.  (a)  The department may recover the costs of services provided under this chapter from a person who does not reimburse the department as required by Section 42.009(c), or from any third party who has a legal obligation to pay other benefits and to whom notice of the department's interest has been given.
(b)  At the request of the commissioner, the attorney general may bring suit in the appropriate court of Travis County on behalf of the department.
(c)  In a judgment in favor of the department, the court may award attorney's fees, court costs, and interest accruing from the date on which the department provides the service to the date on which the department is reimbursed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.011. Funding

Sec. 42.011.  FUNDING.  (a)  The department may receive and use gifts to carry out this chapter.
(b)  The department may comply with any requirements necessary to obtain federal funds in the maximum amount and most advantageous proportions possible to carry out this chapter.
(c)  The comptroller may receive all money appropriated by congress and allotted to this state for carrying out this chapter or agreements or plans authorized by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 10.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0150, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.012. Contracts

Sec. 42.012.  CONTRACTS.  (a)  The department may enter into contracts and agreements with persons, colleges, universities, associations, corporations, municipalities, and other units of government as necessary to carry out this chapter.
(b)  A contract may provide for payment by the state, within the limits of funds available, for material, equipment, or 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. 3.0151, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.013. Cooperation

Sec. 42.013.  COOPERATION.  (a)  The department may cooperate with private or public agencies to facilitate the availability of adequate care for all citizens with end stage renal disease.
(b)  The department shall make agreements, arrangements, or plans to cooperate with the federal government in carrying out the purposes of this chapter or of any federal statute or rule relating to the prevention, care, or treatment of end stage renal disease or the care, treatment, or rehabilitation of persons with end stage renal disease.  The executive commissioner may adopt rules and methods of administration found by the federal government to be necessary for the proper and efficient operation of the agreements, arrangements, or plans.
(c)  The department may enter into reciprocal agreements with other states.
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. 3.0152, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.014. Scientific Investigations

Sec. 42.014.  SCIENTIFIC INVESTIGATIONS.  (a)  The department may develop and administer scientific investigations into the cause, prevention, methods of treatment, and cure of end stage renal disease, including research into kidney transplantation.
(b)  The department may develop techniques for an effective method of mass testing to detect end stage renal disease and urinary tract infections.
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. 3.0153, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.015. Educational Programs

Sec. 42.015.  EDUCATIONAL PROGRAMS.  (a)  The department may develop, implement, and supervise educational programs for the public and health providers, including physicians, hospitals, and public health departments, concerning end stage renal disease, including prevention and methods of care and treatment.
(b)  The department may use existing public or private programs or groups for the educational programs.
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. 3.0154, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.016. Reports

Sec. 42.016.  REPORTS.  The department shall report to the governor and the legislature not later than February 1 of each year concerning its findings, progress, and activities under this chapter and the state's total need in the field of kidney health care.
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. 3.0155, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.017. Insurance Premiums

Sec. 42.017.  INSURANCE PREMIUMS.  The department may provide for payment of the premiums required to maintain coverage under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.) for certain classes of persons with end stage renal disease, in individually considered instances according to criteria established by department rules.
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. 3.0156, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 42 - Kidney Health Care › Section 42.018. Freedom of Selection

Sec. 42.018.  FREEDOM OF SELECTION.  The freedom of an eligible person to select a treating physician, a treatment facility, or a treatment modality is not limited by Section 42.009 if the physician, facility, or modality is approved by the department as required by this chapter.
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. 3.0157, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 43 - Oral Health Improvement › Section 43.001. Short Title

Sec. 43.001.  SHORT TITLE.  This chapter may be cited as the Texas Oral Health Improvement Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 43 - Oral Health Improvement › Section 43.002. Liberal Construction

Sec. 43.002.  LIBERAL CONSTRUCTION.  It is the intent of the legislature that this chapter be construed liberally so that eligible individuals may receive appropriate and adequate oral health services in a timely manner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 43 - Oral Health Improvement › Section 43.003. Definitions

Sec. 43.003.  DEFINITIONS.  (a)  In this chapter:
(1)  "Dentist" means an individual licensed by the State Board of Dental Examiners to practice dentistry in this state.
(2)  "Oral health services" means oral health education and promotion activities.
(3)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(2), eff. September 1, 2021.
(4)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(2), eff. September 1, 2021.
(5)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(2), eff. September 1, 2021.
(b)  The executive commissioner by rule may define a word or term not defined by Subsection (a) as necessary to administer this chapter.  The executive commissioner  may not define a word or term so that the word or term is inconsistent or in conflict with the purposes of this chapter.
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. 3.0158, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0159, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(2), eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 43 - Oral Health Improvement › Section 43.004. Oral Health Improvement Services Program

Sec. 43.004.  ORAL HEALTH IMPROVEMENT SERVICES PROGRAM.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(3), eff. September 1, 2021.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(3), eff. September 1, 2021.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(3), eff. September 1, 2021.
(d)  The department may establish an oral health services program that may consist of all or any combination of the following:
(1)  a program of oral disease prevention, including:
(A)  the fluoridation of community water supplies;
(B)  fluoride mouth rinse programs in schools; and
(C)  the promotion and implementation of sealants programs;
(2)  oral health education and promotion, including:
(A)  public health education to promote the prevention of oral disease through self-help methods, including the initiation and expansion of preschool, school age, and adult education programs;
(B)  organized continuing health education training programs for health care providers; and
(C)  preventive health education information for the public; and
(3)  facilitation of access to oral health services, including:
(A)  the improvement of the existing oral health services delivery system for the provision of services to low-income residents;
(B)  outreach activities to inform the public of the type and availability of oral health services to increase the accessibility of oral health care for low-income residents; and
(C)  assistance and cooperation in promoting better distribution of dentists and other oral health professionals throughout the state.
(e)  The department may provide services only as prescribed by department rules.
(f)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(3), eff. September 1, 2021.
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. 3.0160, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 1(b)(3), eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 43 - Oral Health Improvement › Section 43.005. Administration

Sec. 43.005.  ADMINISTRATION.  (a)  The department shall:
(1)  administer the program of oral health services; and
(2)  develop the design and content of all forms necessary for the program.
(b)  The department may conduct field research, collect data, and prepare statistical and other reports relating to the need for and the availability of oral health 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. 3.0161, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 45 - Distribution of Child Passenger Safety Seat Systems › Section 45.001. Definition

Sec. 45.001.  DEFINITION.  In this chapter, "child passenger safety seat system" has the meaning assigned by Section 545.412, Transportation Code.
Added by Acts 1993, 73rd Leg., ch. 311, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.203, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 45 - Distribution of Child Passenger Safety Seat Systems › Section 45.002. Child Passenger Safety Seat System Program

Sec. 45.002.  CHILD PASSENGER SAFETY SEAT SYSTEM PROGRAM.  (a)  The department may establish a program to distribute child passenger safety seat systems to indigent persons in this state.
(b)  A program established under this section may distribute new or used child passenger safety seat systems that have been donated to the department for distribution.
Added by Acts 1993, 73rd Leg., ch. 311, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 45 - Distribution of Child Passenger Safety Seat Systems › Section 45.003. Rules

Sec. 45.003.  RULES.  The executive commissioner may adopt rules governing eligibility for a child passenger safety seat system from the program established under Section 45.002.
Added by Acts 1993, 73rd Leg., ch. 311, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0169, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 46 - Congenital Cytomegalovirus › Section 46.001. Definition

Sec. 46.001.  DEFINITION.  In this chapter, "congenital cytomegalovirus" means cytomegalovirus acquired by an infant before birth.
Added by Acts 2015, 84th Leg., R.S., Ch. 1163 (S.B. 791), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 46 - Congenital Cytomegalovirus › Section 46.002. Educational Materials on Congenital Cytomegalovirus

Sec. 46.002.  EDUCATIONAL MATERIALS ON CONGENITAL CYTOMEGALOVIRUS.  (a)  The department, in consultation with the Texas Medical Board, shall develop and publish informational materials for women who may become pregnant, expectant parents, and parents of infants regarding:
(1)  the incidence of cytomegalovirus;
(2)  the transmission of cytomegalovirus to pregnant women and women who may become pregnant;
(3)  birth defects caused by congenital cytomegalovirus;
(4)  available preventive measures to avoid the infection of women who are pregnant or may become pregnant; and
(5)  resources available for families of children born with congenital cytomegalovirus.
(b)  The materials must be published in:
(1)  English and Spanish;
(2)  an easily comprehensible form; and
(3)  a typeface large enough to be clearly legible.
(c)  The department shall periodically review the materials to determine if changes to the contents of the materials are necessary.
Added by Acts 2015, 84th Leg., R.S., Ch. 1163 (S.B. 791), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 46 - Congenital Cytomegalovirus › Section 46.003. Publication of Materials

Sec. 46.003.  PUBLICATION OF MATERIALS.  (a)  The department shall publish the information required to be published under this chapter on the department's Internet website.
(b)  The department may not charge a fee for physical copies of the materials.  The department shall provide appropriate quantities of the materials to any person on request.
Added by Acts 2015, 84th Leg., R.S., Ch. 1163 (S.B. 791), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 46 - Congenital Cytomegalovirus › Section 46.004. Education and Outreach

Sec. 46.004.  EDUCATION AND OUTREACH.  (a)  The department shall establish an outreach program to:
(1)  educate women who may become pregnant, expectant parents, and parents of infants about cytomegalovirus; and
(2)  raise awareness of cytomegalovirus among health care providers who provide care to expectant mothers or infants.
(b)  The department may solicit and accept the assistance of any relevant medical associations or community resources, including faith-based resources, to promote education about cytomegalovirus under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1163 (S.B. 791), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 46 - Congenital Cytomegalovirus › Section 46.005. Rules

Sec. 46.005.  RULES.  The executive commissioner may adopt rules for the implementation of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1163 (S.B. 791), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.001. Definitions

Sec. 47.001.  DEFINITIONS.  In this chapter:
(1)  "Birth admission" means the time after birth that a newborn remains in the birthing facility before the newborn is discharged.
(2)  "Birthing facility" means:
(A)  a hospital licensed under Chapter 241 that offers obstetrical services;
(B)  a birthing center licensed under Chapter 244;
(C)  a children's hospital; or
(D)  a facility, maintained or operated by this state or an agency of this state, that provides obstetrical services.
(3)  "Health care provider" means a registered nurse recognized as an advanced practice registered nurse by the Texas Board of Nursing or a physician assistant licensed by the Texas Physician Assistant Board.
(4)  "Hearing loss" means a hearing loss of 30 dB HL or greater in the frequency region important for speech recognition and comprehension in one or both ears, approximately 500 through 4,000 Hz.  As technological advances permit the detection of less severe hearing loss, the executive commissioner may modify this definition by rule.
(5)  "Infant" means a child who is at least 30 days but who is younger than 24 months old.
(6)  "Intervention or follow-up care" means the early intervention services described in Part C, Individuals with Disabilities Education Act (20 U.S.C. Sections 1431-1443).
(7)  "Newborn" means a child younger than 30 days old.
(8)  "Parent" means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.
(9)  "Physician" means a person licensed to practice medicine by the Texas Medical Board.
(10)  "Program" means a newborn hearing screening, tracking, and intervention program certified by the department under this chapter.
Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 60, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 601 (S.B. 229), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1273 (H.B. 411), Sec. 5, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0170, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.003. Newborn Hearing Screening, Tracking, and Intervention Program

Sec. 47.003.  NEWBORN HEARING SCREENING, TRACKING, AND INTERVENTION PROGRAM.  (a)  A birthing facility, through a program certified by the department under Section 47.004, shall perform, either directly or through a referral to another program certified under that section, a hearing screening for the identification of hearing loss on each newborn or infant born at the facility before the newborn or infant is discharged from the facility unless:
(1)  the parent declines the screening;
(2)  the newborn or infant is transferred to another facility before the screening is performed;
(3)  the screening has previously been completed; or
(4)  the newborn was discharged from the birthing facility not more than 10 hours after birth and a referral for the newborn was made to a program certified under Section 47.004 at another birthing facility or operated by a physician or other health care provider.
(a-1)  The birthing facility shall inform the parents during admission that:
(1)  the facility is required by law to screen a newborn or infant for hearing loss; and
(2)  the parents may decline the screening.
(b)  The department or the department's designee shall approve program protocols.
(c)  Subject to Section 47.008, the department shall maintain data and information on each newborn or infant who receives a hearing screening under Subsection (a).
(d)  The department shall ensure that intervention is available to families for a newborn or infant identified as having hearing loss and that the intervention is managed by state programs operating under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).
(e)  The department shall ensure that the intervention described by Subsection (d) is available for a newborn or infant identified as having hearing loss not later than the sixth month after the newborn's or infant's birth and through the time the child is an infant unless the infant has been hospitalized since birth.
(f)  If a newborn or an infant receives medical intervention services, including a hearing aid or cochlear implant, the intervention specialist shall report the results of the intervention to the department.
Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1273 (H.B. 411), Sec. 6, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 586 (S.B. 793), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.0031. Follow-Up Screening

Sec. 47.0031.  FOLLOW-UP SCREENING.  (a)  The program that performed the hearing screening under Section 47.003 shall provide the newborn's or infant's parents with the screening results.  A birthing facility, through the program, shall offer a follow-up hearing screening to the parents of a newborn or infant who does not pass the screening, or refer the parents to another program for the follow-up hearing screening.  The follow-up hearing screening should be performed not later than the 30th day after the date the newborn or infant is discharged from the facility.
(b)  If a newborn or an infant does not pass the screening in a follow-up hearing screening, the program that performed the follow-up hearing screening on the newborn or infant shall:
(1)  provide the screening results to:
(A)  the newborn's or infant's parents; and
(B)  with the prior written consent of the newborn's or infant's parents, the primary statewide resource center established under Section 30.051, Education Code;
(2)  assist in scheduling a diagnostic audiological evaluation for the newborn or infant, consistent with the most current guidelines in the Joint Committee on Infant Hearing Position Statement, or refer the newborn or infant to a licensed audiologist who provides diagnostic audiological evaluations for newborns or infants that are consistent with the most current guidelines in the Joint Committee on Infant Hearing Position Statement; and
(3)  refer the newborn or infant to early childhood intervention services and the primary statewide resource center established under Section 30.051, Education Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1273 (H.B. 411), Sec. 7, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 98 (H.B. 2255), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.0032. Testing for Congenital Cytomegalovirus

Sec. 47.0032.  TESTING FOR CONGENITAL CYTOMEGALOVIRUS.  (a)  In this section, "congenital cytomegalovirus" has the meaning assigned by Section 46.001.
(b)  If a newborn or infant does not pass the hearing screening performed under Section 47.003, the program that performed the screening shall perform or cause to be performed a test for congenital cytomegalovirus on the newborn or infant unless the newborn's or infant's parent declines the test.
(c)  If the newborn or infant receives a positive test for congenital cytomegalovirus, the entity that performed the test shall provide the newborn's or infant's parents with:
(1)  the results of the test;
(2)  information on the potential effects of congenital cytomegalovirus and the available treatment options; and
(3)  a referral to an appropriate physician or facility for the treatment of congenital cytomegalovirus.
Added by Acts 2023, 88th Leg., R.S., Ch. 722 (H.B. 2478), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.004. Certification of Screening Programs

Sec. 47.004.  CERTIFICATION OF SCREENING PROGRAMS.  (a)  The executive commissioner shall establish certification criteria for implementing a program.
(b)  In order to be certified, the program must:
(1)  provide hearing screening using equipment recommended by the department;
(2)  use appropriate staff to provide the screening;
(3)  maintain and report data electronically as required by department rule;
(4)  distribute family, health care provider, and physician educational materials standardized by the department;
(5)  provide information, as recommended by the department, to the parents on follow-up services for newborns and infants who do not pass the screening; and
(6)  be supervised by:
(A)  a physician;
(B)  an audiologist;
(C)  a registered nurse; or
(D)  a physician assistant.
(c)  The department may certify a program that meets and maintains the certification criteria.
(d)  The department may renew the certification of a program on a periodic basis as established by department rule in order to ensure quality services to newborns, infants, and families.
(e)  A fee may not be charged to certify or recertify a program.
Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1273 (H.B. 411), Sec. 8, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0171, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.005. Information Concerning Screening Results and Follow-Up Care

Sec. 47.005.  INFORMATION CONCERNING SCREENING RESULTS AND FOLLOW-UP CARE.  (a)  A birthing facility that operates a program shall simultaneously distribute to the parents of each newborn or infant who is screened:
(1)  the screening results; and
(2)  educational and informational materials that are standardized by the department regarding:
(A)  follow-up care; and
(B)  available public resources, including:
(i)  early childhood intervention services developed under Chapter 73, Human Resources Code;
(ii)  the primary statewide resource center established under Section 30.051, Education Code; and
(iii)  contact information for Texas Early Hearing Detection and Intervention.
(a-1)  The department shall make available to the public on request the educational and informational materials described by Subsection (a)(2).
(b)  A birthing facility that operates a program shall report screening results to:
(1)  the parents;
(2)  the newborn's or infant's attending physician, primary care physician, or other applicable health care provider;
(3)  the department; and
(4)  the primary statewide resource center established under Section 30.051, Education Code.
(c)  Appropriate and necessary care for the infant who needs follow-up care should be directed and coordinated by the infant's physician or health care provider, with support from appropriate ancillary services.
(d)  The department may coordinate the diagnostic audiological evaluation required under Section 47.0031(b)(2).  A diagnostic audiological evaluation must be completed on the newborn or infant:
(1)  not later than the third month after the newborn's or infant's birth unless the newborn or infant has been hospitalized since birth; or
(2)  upon referral by the newborn's or infant's primary care physician or other applicable health care provider.
(e)  An audiologist who performs a diagnostic audiological evaluation under this chapter shall report the results of the evaluation to:
(1)  the parents;
(2)  the newborn's or infant's primary care physician or other applicable health care provider; and
(3)  the department under Section 47.007(b).
Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1273 (H.B. 411), Sec. 9, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 98 (H.B. 2255), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.006. Technical Assistance by Department

Sec. 47.006.  TECHNICAL ASSISTANCE BY DEPARTMENT.  The department may consult with a birthing facility and provide to the facility technical assistance associated with the implementation of a certified program.
Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 47 - Hearing Loss in Newborns › Section 47.008. Confidentiality and General Access to Data

Sec. 47.008.  CONFIDENTIALITY AND GENERAL ACCESS TO DATA.  (a)  The information management, reporting, and tracking system provided in accordance with this chapter must meet confidentiality requirements in accordance with required state and federal privacy guidelines.
(b)  Data obtained through the information management, reporting, and tracking system under this chapter are for the confidential use of the department, the department's designee, and the persons or public or private entities that the department determines are necessary to carry out the functions of the tracking system.
(c)  The executive commissioner by rule shall develop guidelines to protect the confidentiality of patients in accordance with Chapter 159, Occupations Code, and require the written or electronic  consent of a parent or guardian of a patient before any individually identifying information is provided to the department or the primary statewide resource center established under Section 30.051, Education Code, as set out in this chapter.  The department and center shall permit a parent or guardian at any time to withdraw information provided to the department or center under this chapter.
(d)  Statistical or aggregated information that is about activities conducted under this chapter and that could not be used to individually identify a newborn, infant, or patient or a parent or guardian of a newborn, infant, or patient is not confidential.
Added by Acts 1999, 76th Leg., ch. 1347, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.771, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 880, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0173, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 98 (H.B. 2255), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 628 (S.B. 1404), Sec. 4, eff. September 1, 2019.