reglab/statecodes huggingface dataset:
2023 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 H. Medical Advisory Board › Section 12.097. Confidentiality Requirements

Sec. 12.097.  CONFIDENTIALITY REQUIREMENTS.  (a)  All records, reports, and testimony relating to the medical condition of an applicant or license holder:
(1)  are for the confidential use of the medical advisory board, a panel, or the Department of Public Safety of the State of Texas;
(2)  are privileged information;  and
(3)  may not be disclosed to any person or used as evidence in a trial except as provided by Subsection (b).
(b)  In a subsequent proceeding under Subchapter H, Chapter 411, Government Code, or Subchapter N, Chapter 521, Transportation Code, the department may provide a copy of the report of the medical advisory board or panel and a medical record or report relating to an applicant or license holder to:
(1)  the Department of Public Safety of the State of Texas;
(2)  the applicant or license holder; and
(3)  the officer who presides at the hearing.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.23, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0039, eff. April 2, 2015.
2023 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 H. Medical Advisory Board › Section 12.098. Liability

Sec. 12.098.  LIABILITY.  A member of the medical advisory board, a member of a panel, a person who makes an examination for or on the recommendation of the medical advisory board, or a physician who reports to the medical advisory board or a panel under Section 12.096 is not liable for a professional opinion, recommendation, or report made under this subchapter.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.
2023 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 I. Texas Volunteer Health Corps › Section 12.111. Texas Volunteer Health Corps

Sec. 12.111.  TEXAS VOLUNTEER HEALTH CORPS.  (a)  The department shall establish the Texas Volunteer Health Corps to enhance community-based public health services.
(b)  The Texas Volunteer Health Corps shall connect volunteers with residents of local communities to involve those residents in preventive health care, expand the role of those residents in making decisions about their own health, and build community support for public health.
Added by Acts 1995, 74th Leg., ch. 768, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.091 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(52), eff. Sept. 1, 1997.
2023 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 I. Texas Volunteer Health Corps › Section 12.112. Coordinators

Sec. 12.112.  COORDINATORS.  (a)  The department may employ coordinators to recruit, train, and refer volunteers for service in local communities.
(b)  A coordinator employed under this section may apply for grants from any public or private source for purposes of this subchapter.
Added by Acts 1995, 74th Leg., ch. 768, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.092 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(52), eff. Sept. 1, 1997.
2023 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 I. Texas Volunteer Health Corps › Section 12.113. Volunteers

Sec. 12.113.  VOLUNTEERS.  (a)  Volunteers recruited under this subchapter may include students in high school or an institution of higher education, senior citizens, participants in the TANF job opportunities and basic skills (JOBS) training program, VISTA and AmeriCorps volunteers, and volunteers from business and community networks.
(b)  To build healthy local communities, Texas Volunteer Health Corps volunteers may promote health, expand clients' capacity for self-help, make clinic appointments, arrange transportation, and identify community resources and provide links to those resources.
Added by Acts 1995, 74th Leg., ch. 768, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.093 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(52), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0040, eff. April 2, 2015.
2023 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 I. Texas Volunteer Health Corps › Section 12.114. Vital Health Care Issues

Sec. 12.114.  VITAL HEALTH CARE ISSUES.  (a)  The department may identify vital health care issues, including the use of tobacco and alcohol, end-of-life needs, health and safety issues on the Texas/Mexico border, family issues, oral health, violence, immunizations, homelessness, responsible adult and teen pregnancy, substance abuse, health promotion and education, and disease prevention.
(b)  The Texas Volunteer Health Corps may address a vital health care issue if a local community identifies the issue as a priority.
Added by Acts 1995, 74th Leg., ch. 768, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.094 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(52), eff. Sept. 1, 1997.
2023 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 I. Texas Volunteer Health Corps › Section 12.115. Mentors

Sec. 12.115.  MENTORS.  The department shall encourage health care professionals to volunteer as mentors in the Texas Volunteer Health Corps.
Added by Acts 1995, 74th Leg., ch. 768, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.095 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(52), eff. Sept. 1, 1997.
2023 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 I. Texas Volunteer Health Corps › Section 12.116. Information

Sec. 12.116.  INFORMATION.  The department may provide public health information materials as needed by the Texas Volunteer Health Corps.
Added by Acts 1995, 74th Leg., ch. 768, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.096 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(52), eff. Sept. 1, 1997.
2023 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 J. Tobacco Settlement Proceeds › Section 12.131. Definitions

Sec. 12.131.  DEFINITIONS.  In this subchapter:
(1)  "Account" has the meaning assigned by Section 403.1041, Government Code.
(2)  "Advisory committee" means the tobacco settlement permanent trust account administration advisory committee.
(3)  "Agreement" has the meaning assigned by Section 403.1041, Government Code.
(4)  "Political subdivision" has the meaning assigned by Section 403.1041, Government Code.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
2023 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 J. Tobacco Settlement Proceeds › Section 12.132. Certification to Comptroller

Sec. 12.132.  CERTIFICATION TO COMPTROLLER.  The department shall collect information relating to the unreimbursed health care expenditures of each political subdivision and, based on that information and using the formula established in Paragraph 5.B. of the agreement, shall certify to the comptroller the percentage of each annual distribution to be paid from the account to each political subdivision.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
2023 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 J. Tobacco Settlement Proceeds › Section 12.133. Collection of Information

Sec. 12.133.  COLLECTION OF INFORMATION.  (a)  Each political subdivision shall submit to the department, in the manner and at the time required by the department, information that relates to the political subdivision's unreimbursed health care expenditures and is required by the department to make the certification under Section 12.132.
(b)  Subject to the approval of the advisory committee, the executive commissioner shall adopt rules governing the collection of information under Subsection (a).  The rules may provide for regular audits of randomly selected political subdivisions and may govern the manner in which a political subdivision is selected for an audit and the selection of an auditor.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0041, eff. April 2, 2015.
2023 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 J. Tobacco Settlement Proceeds › Section 12.134. Disputes Relating to Information Collected

Sec. 12.134.  DISPUTES RELATING TO INFORMATION COLLECTED.  (a)  Subject to the approval of the advisory committee, the executive commissioner shall adopt rules under which a political subdivision or agency of this state may dispute information submitted by a political subdivision under Section 12.133.
(b)  The rules may provide for:
(1)  an audit of the political subdivision that submitted the disputed information;
(2)  payment of the costs of the audit by the party to the dispute who does not prevail in the dispute;
(3)  a deadline for filing a dispute for a particular year;  and
(4)  a reasonable monetary penalty to be applied to a subsequent annual distribution made to a political subdivision that is found to have overstated unreimbursed health care expenditures in the information submitted under Section 12.133.
(c)  The monetary penalty applied under Subsection (b)(4) may not exceed 10 percent of the amount of the overstatement of unreimbursed health care costs.
(d)  A dispute under this section is a contested case for purposes of Chapter 2001, Government Code.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0042, eff. April 2, 2015.
2023 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 J. Tobacco Settlement Proceeds › Section 12.135. Effect of Dispute

Sec. 12.135.  EFFECT OF DISPUTE.  A dispute filed under department rules adopted under Section 12.134 does not affect the percentage of the annual distribution of the earnings from the account to be paid to the political subdivision for the year for which the information that is the subject of the dispute was submitted.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
2023 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 J. Tobacco Settlement Proceeds › Section 12.136. Adjustment Following Audit

Sec. 12.136.  ADJUSTMENT FOLLOWING AUDIT.  (a)  If the department, pursuant to rules adopted by the executive commissioner, finds, after an audit conducted under Section 12.133 or 12.134, that a political subdivision has overstated unreimbursed health care expenditures in the information submitted under Section 12.133 for any year, the department shall report that fact to the comptroller and shall reduce that political subdivision's percentage of the subsequent annual distribution of the earnings from the account appropriately.
(b)  If a monetary penalty is applied under Section 12.134, the department shall also reduce the political subdivision's percentage of the subsequent annual distribution of the earnings from the account appropriately.
(c)  If a political subdivision is assessed the cost of an audit under Section 12.134, the department shall report the amount assessed to the comptroller, and the comptroller may withhold that amount from the political subdivision's subsequent annual distribution.  The comptroller may use the amount withheld to reimburse the general revenue fund for the cost of the audit.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0043, eff. April 2, 2015.
2023 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 J. Tobacco Settlement Proceeds › Section 12.138. Approval of Rules

Sec. 12.138.  APPROVAL OF RULES.  A rule to be adopted by the executive commissioner relating to certification of a percentage of an annual distribution under Section 12.132 or collection of information under Sections 12.132, 12.133, and 12.134 must be submitted to the advisory committee and may not become effective before the rule is approved by the advisory committee.  If the advisory committee disapproves a proposed rule, the advisory committee shall provide the executive commissioner the specific reasons that the rule was disapproved.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0045, eff. April 2, 2015.
2023 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 J. Tobacco Settlement Proceeds › Section 12.139. Annual Review

Sec. 12.139.  ANNUAL REVIEW.  The advisory committee shall annually:
(1)  review the results of any audit conducted under this subchapter and the results of any dispute filed under Section 12.134; and
(2)  review the rules adopted by the executive commissioner under this subchapter and propose any amendments to the rules the advisory committee considers necessary.
Added by Acts 1999, 76th Leg., ch. 753, Sec. 2.01, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0046, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter A. Care and Treatment in Department Hospitals › Section 13.002. Admission of Other Patients

Sec. 13.002.  ADMISSION OF OTHER PATIENTS.  (a)  The department may admit to any hospital under its supervision a patient who:
(1)  is eligible to receive patient services under a department program; and
(2)  will benefit from hospitalization.
(b)  Admission to a hospital as authorized under this section is subject to the availability of:
(1)  appropriate space after the needs of eligible tuberculosis and chronic respiratory disease patients have been met;  and
(2)  trained medical personnel for the necessary medical care and treatment.
(c)  The executive commissioner may adopt rules and the department may enter into contracts as necessary to implement this section.
(d)  This section does not require the executive commissioner or department to:
(1)  admit a patient to a particular hospital;
(2)  guarantee the availability of space at any hospital; or
(3)  provide treatment for a particular medical need at any hospital.
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. 3.0049, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter A. Care and Treatment in Department Hospitals › Section 13.003. Services at Rio Grande State Center

Sec. 13.003.  SERVICES AT RIO GRANDE STATE CENTER.  (a)  The primary purpose of the Rio Grande State Center is to provide inpatient and outpatient services, either directly or by contract with one or more public or private health care providers or entities, to the residents of the Lower Rio Grande Valley.
(b)  The department may establish at the Rio Grande State Center:
(1)  cancer screening;
(2)  diagnostic services;
(3)  educational services;
(4)  obstetrical services;
(5)  gynecological services;
(6)  other inpatient health care services; and
(7)  outpatient health care services, including diagnostic, treatment, disease management, and supportive care services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1106, Sec. 9, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 263, Sec. 2, eff. May 22, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 650 (H.B. 1850), Sec. 2, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0050, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter A. Care and Treatment in Department Hospitals › Section 13.004. Treatment of Certain Persons With Mental Illness or an Intellectual Disability

Sec. 13.004.  TREATMENT OF CERTAIN PERSONS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY.  (a)  The department or the Department of Aging and Disability Services, as appropriate, may transfer a person with mental illness or an intellectual disability who is infected with tuberculosis to a public health hospital as defined by Section 13.033.
(b)  The person may be transferred without that person's consent.
(c)  The cost of maintaining and treating the person at the Texas Center for Infectious Disease shall be paid from appropriations to that hospital.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 107, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0051, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0052, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter A. Care and Treatment in Department Hospitals › Section 13.005. Care and Treatment of Certain Patients

Sec. 13.005.  CARE AND TREATMENT OF CERTAIN PATIENTS.  (a)  The department shall fully develop essential services needed for the control of tuberculosis.  To provide those services, the department may contract for the support, maintenance, care, and treatment of tuberculosis patients:
(1)  admitted to facilities under the department's jurisdiction; or
(2)  otherwise subject to the department's jurisdiction.
(b)  The department may contract with:
(1)  municipal, county, or state hospitals;
(2)  private physicians;
(3)  licensed nursing facilities and hospitals; and
(4)  hospital districts.
(c)  The department may contract for diagnostic and other services available in a community or region as necessary to prevent further spread of tuberculosis.
(d)  A contract may not include the assignment of any lien accruing to the state.
(e)  The department may establish and operate outpatient clinics as necessary to provide follow-up treatment on discharged patients.  A person who receives treatment as an outpatient is financially liable in the manner provided for inpatients.
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. 3.0053, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter A. Care and Treatment in Department Hospitals › Section 13.006. Purpose of Tuberculosis Control Program

Sec. 13.006.  PURPOSE OF TUBERCULOSIS CONTROL PROGRAM.  The primary objectives of the tuberculosis control program are:
(1)  case-finding;
(2)  inpatient and outpatient treatment;  and
(3)  the eventual eradication of tuberculosis.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter A. Care and Treatment in Department Hospitals › Section 13.007. Colonel H

Sec. 13.007.  COLONEL H. WILLIAM "BILL" CARD, JR., OUTPATIENT CLINIC.  The outpatient clinic operated by the South Texas Health Care System in Harlingen, Texas, is named the Colonel H. William "Bill" Card, Jr., Outpatient Clinic in honor of Colonel H. William "Bill" Card, Jr.
Added by Acts 2009, 81st Leg., R.S., Ch. 1056 (H.B. 4642), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1118 (S.B. 1926), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.031. Short Title

Sec. 13.031.  SHORT TITLE.  This subchapter may be cited as the Texas Tuberculosis Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.032. Purpose

Sec. 13.032.  PURPOSE.  The purpose of this subchapter is to:
(1)  enable persons with tuberculosis to obtain needed care;
(2)  provide care and treatment for those persons;  and
(3)  facilitate their hospitalization.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.033. Definitions

Sec. 13.033.  DEFINITIONS.  In this subchapter:
(1)  "Legally responsible person" means a parent, guardian, or spouse, or any person whom the laws of this state hold responsible for debts incurred as a result of the hospitalization or treatment of a patient.
(2)  "Local health authority" means a practicing physician who acts as:
(A)  a municipal or county health authority;
(B)  a director of a local health department or public health district;  or
(C)  a regional director of a public health region.
(3)  "Physician" means a person licensed by the Texas Medical Board to practice medicine in this state.
(4)  "Political subdivision" includes a county, municipality, or hospital district.
(5)  "Public health hospital" means a hospital operated by the department to provide services under this subchapter, including the Texas Center for Infectious Disease.
(6)  "Tuberculosis patient" means a person who has any form of tuberculosis in any part of the body.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 107, Sec. 5, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 263, Sec. 3, eff. May 22, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 650 (H.B. 1850), Sec. 3, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0054, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.034. Duties of Executive Commissioner and Department

Sec. 13.034.  DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT.  (a)  The executive commissioner shall adopt rules relating to:
(1)  the management of public health hospitals;
(2)  the duties of officers and employees of those hospitals; and
(3)  the enforcement of necessary discipline and restraint of patients.
(a-1)  The executive commissioner may adopt rules as necessary for the proper and efficient hospitalization of tuberculosis patients.
(b)  The department shall supply each hospital with the necessary personnel for the operation and maintenance of the hospital.
(c)  The department may:
(1)  prescribe the form and content of applications, certificates, records, and reports provided for under this subchapter;
(2)  require reports from the administrator of a public health hospital relating to the admission, examination, diagnosis, release, or discharge of a patient;
(3)  visit each hospital regularly to review admitting procedures and the care and treatment of all new patients admitted since the last visit; and
(4)  investigate by personal visit a complaint made by a patient or by another person on behalf of a patient.
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. 3.0055, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.035. Employment of Hospital Administrators

Sec. 13.035.  EMPLOYMENT OF HOSPITAL ADMINISTRATORS.  (a)  The department shall employ a qualified hospital administrator for each public health hospital.
(b)  A hospital administrator employed under this section is not required to be a licensed physician.
(c)  The hospital administrator may delegate a power or duty of the administrator to an employee.  The delegation does not relieve the hospital administrator from the responsibility.
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. 3.0056, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.036. Patient Admission; Examination Certificate

Sec. 13.036.  PATIENT ADMISSION;  EXAMINATION CERTIFICATE.  (a)  A resident of this state who has tuberculosis may be admitted to a public health hospital. A person who is not a resident of this state and who has tuberculosis may be admitted to a public health hospital in accordance with Section 13.046.
(b)  The hospital shall review applications for admission and admit or deny admission to applicants.
(c)  An application for admission to a public health hospital shall be accompanied by a certificate issued by a physician stating that the physician has thoroughly examined the applicant and that the applicant has tuberculosis. In the case of an applicant who is not a resident of this state, the certificate may be issued by a physician who holds a license to practice medicine in the state of residence of the applicant.
(d)  In the case of an indigent applicant, the certificate may be issued by the local health authority.
(e)  The department shall prescribe the form and content of the certificate.
(f)  If the applicant has a communicable disease other than tuberculosis, the hospital administrator may delay the admission until the other disease is no longer contagious.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 107, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0057, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.037. Determination of Residency

Sec. 13.037.  DETERMINATION OF RESIDENCY.  (a)  A person is a resident of this state if the person:
(1)  is physically present and living voluntarily in this state;
(2)  intends to make a home in this state;  and
(3)  is not in this state temporarily.
(b)  The intent to make a home in this state may be demonstrated by proof similar to or including:
(1)  the possession of documentation, such as a Texas driver's license, motor vehicle registration, or voter registration certificate;
(2)  the presence of personal effects at a specific abode in this state;  or
(3)  employment in this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.038. Classification of Patients; Lien

Sec. 13.038.  CLASSIFICATION OF PATIENTS;  LIEN.  (a)  A patient admitted to a public health hospital is a public patient and classified as indigent, nonindigent, or nonresident.
(b)  An indigent public patient is a person who:
(1)  does not possess property of any kind;
(2)  has no person who is legally responsible for the patient's support;  and
(3)  is unable to reimburse the state.
(c)  A nonindigent public patient is a person who possesses property out of which the state may be reimbursed, or who has a person who is legally responsible for the patient's support.
(d)  Except as provided by Section 13.040, the state shall support and maintain an indigent or nonindigent public patient at state expense but is entitled to reimbursement for a nonindigent public patient's support.
(e)  The state's claim for nonindigent support and maintenance constitutes a lien against the property of the patient or the legally responsible person who is financially able to contribute.
(f)  A nonresident public patient is a person who is admitted in accordance with an interstate agreement under Section 13.046.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 107, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0058, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.039. Collection of State's Claim

Sec. 13.039.  COLLECTION OF STATE'S CLAIM.  (a)  A state claim for patient support and maintenance may be collected through an action brought against the patient or the person legally responsible for the patient.  The action shall be brought in the county from which the patient was sent and shall be brought in the name of the state by the county or district attorney of that county or by the attorney general.
(b)  The action shall be brought on the written request of the public health hospital administrator, accompanied by a certificate as to the amount owed to the state. In any action, the certificate is sufficient evidence of the amount owed to the state for the support of that patient.
(c)  On receipt of the request, the attorney shall bring and conduct the suit and is entitled to a commission of 10 percent of the amount collected.  All money collected under this section, less the amount of the commission, shall be paid by the attorney to the hospital administrator, who shall receive the amount and give a receipt.
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. 3.0059, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.040. Effect of Indigent Health Care and Treatment Act

Sec. 13.040.  EFFECT OF INDIGENT HEALTH CARE AND TREATMENT ACT.  If an indigent or nonindigent public patient is eligible for health care assistance from a county hospital or public hospital under Chapter 61 (Indigent Health Care and Treatment Act), the state is entitled to reimbursement from that hospital for the treatment and support of the patient to the extent prescribed by that chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.041. Return of Certain Nonresidents; Reciprocal Agreements

Sec. 13.041.  RETURN OF CERTAIN NONRESIDENTS;  RECIPROCAL AGREEMENTS.  (a)  The department may:
(1)  return a nonresident patient admitted to a public health hospital to the proper agency of the state of the patient's residence; and
(2)  permit the return of a resident of this state who has been admitted to a tuberculosis hospital in another state.
(b)  The state that is returning a patient shall pay the expenses of the return.
(c)  The department may enter into reciprocal agreements with the proper agencies of other states to facilitate the return to the states of their residence of nonresident patients admitted to tuberculosis hospitals in 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. 3.0060, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.042. Discrimination Prohibited

Sec. 13.042.  DISCRIMINATION PROHIBITED.  (a) A public health hospital may not discriminate against a patient.
(b)  Each patient is entitled to equal facilities, attention, and treatment. However, a public health hospital may provide different care and treatment of patients because of differences in the condition of the individual patients.
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. 3.0061, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.043. Gratuities Prohibited

Sec. 13.043.  GRATUITIES PROHIBITED.  (a)  A patient in a public health hospital may not offer an officer, agent, or employee of the hospital a tip, payment, or reward of any kind.
(b)  A patient who violates this section may be expelled from the hospital.  An employee who accepts a tip, payment, or reward of any kind from a patient may be discharged.
(c)  The department shall strictly enforce this section.
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. 3.0062, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.044. Private Accommodations

Sec. 13.044.  PRIVATE ACCOMMODATIONS.  (a)  On the request of any charitable organization in this state, the department may permit the erection, furnishing, and maintenance by the charitable organization of accommodations on the grounds of a public health hospital for persons who have tuberculosis and who are:
(1)  members of the charitable organization;
(2)  members of the families of persons who are members of the charitable organization; or
(3)  surviving spouses or minor children of deceased persons who are members of the charitable organization.
(b)  The accommodations shall be reserved for the preferential use of persons described by Subsection (a).
(c)  The state may not incur any expense in the erection, furnishing, and maintenance of the accommodations.  The charitable organization that enters a patient under this section may be required to pay the pro rata part of the maintenance costs of that patient that is found to be just and equitable, pending the next legislative appropriation for the maintenance of state chest hospitals.  Any part of the accommodations not used by persons described by Subsection (a) may be used, at the discretion of the hospital administrator, by other patients in the hospital without charge to the state.
(d)  The officers or a board or committee of the charitable organization and the department must enter into a written agreement relating to the location, construction, style, and character, and terms of existence of buildings, and other questions arising in connection with the grant of permission to erect and maintain private accommodations.  The department must maintain as a record a copy of the written agreement.
(e)  Except for the preferential right to occupy vacant accommodations erected by the person's charitable organization, a person described by Subsection (a) shall be classified in the same manner as other public health hospital patients and shall be admitted, maintained, cared for, and treated in those hospitals in the same manner and under the same conditions and rules that apply to other patients.
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. 3.0063, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.045. Donation of Land by County

Sec. 13.045.  DONATION OF LAND BY COUNTY.  (a)  A county may donate and convey land to the state in consideration of the establishment of a public health hospital by the executive commissioner.
(b)  The commissioners court of the county may determine the desirability, manner, and form of the donation and conveyance.
(c)  This section does not authorize the commissioners court of a county to convey land donated or granted for educational purposes to the county in any manner other than that directed by law.
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. 3.0064, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 13 - Department Hospitals and Respiratory Facilities › Subchapter B. Texas Tuberculosis Code › Section 13.046. Admission of Nonresident Patients

Sec. 13.046.  ADMISSION OF NONRESIDENT PATIENTS.  (a)  The department may enter into an agreement with an agency of another state responsible for the care of residents of that state who have tuberculosis under which:
(1)  residents of the other state who have tuberculosis may be admitted to a public health hospital, subject to the availability of appropriate space after the needs of eligible tuberculosis and chronic respiratory disease patients who are residents of this state have been met; and
(2)  the other state is responsible for paying all costs of the hospitalization and treatment of patients admitted under the agreement.
(b)  Section 13.041 does not apply to the return of a nonresident patient admitted to a public health hospital in accordance with an agreement entered into under this section.  The return of that patient to the state of residence is governed by the agreement.
Added by Acts 2003, 78th Leg., ch. 107, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0065, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.001. Short Title

Sec. 31.001.  SHORT TITLE.  This chapter may be cited as the Texas Primary Health Care Services 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 31 - Primary Health Care › Section 31.003. Primary Health Care Services Program

Sec. 31.003.  PRIMARY HEALTH CARE SERVICES PROGRAM.  (a)  The executive commissioner may establish a program in the department to provide primary health care services to eligible individuals.
(b)  If the program is established, the executive commissioner shall adopt rules relating to:
(1)  the type, amount, and duration of services to be provided under this chapter; and
(2)  the determination by the department of the services needed in each service area.
(c)  If budgetary limitations exist, the executive commissioner by rule shall establish a system of priorities relating to the types of services provided, geographic areas covered, or classes of individuals eligible for services.
(d)  The executive commissioner shall adopt rules under Subsection (c) relating to the geographic areas covered and the classes of individuals eligible for services according to a statewide determination of the need for services.
(e)  The executive commissioner shall adopt rules under Subsection (c) relating to the types of services provided according to the set of service priorities established under this subsection.  Initial service priorities shall focus on the funding of, provision of, and access to:
(1)  diagnosis and treatment;
(2)  emergency services;
(3)  family planning services;
(4)  preventive health services, including immunizations;
(5)  health education; and
(6)  laboratory, X-ray, nuclear medicine, or other appropriate diagnostic services.
(f)  Except as limited by this section, the department shall develop an integrated framework for the equitable provision of services throughout the state and shall use existing public and private health, transportation, and education resources.
(g)  The executive commissioner should require that the services provided under this chapter be reserved to the greatest extent possible for low-income individuals who are not eligible for similar services through any other publicly funded program.
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. 3.0068, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.004. Administration

Sec. 31.004.  ADMINISTRATION.  (a)  The executive commissioner shall adopt rules necessary to administer this chapter, and the department shall administer the program in accordance with those rules.
(b)  The executive commissioner by rule shall:
(1)  establish the administrative structure of the program;
(2)  establish a plan of areawide administration to provide authorized services;
(3)  designate, if possible, local public and private resources as providers; and
(4)  prevent duplication by coordinating authorized primary health care services with existing federal, state, and local programs.
(c)  The department shall prescribe the design and content of all necessary forms used in the program.
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. 3.0069, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.005. Provision of Program Services by Department

Sec. 31.005.  PROVISION OF PROGRAM SERVICES BY DEPARTMENT.  (a)  The executive commissioner shall adopt rules relating to the department's determination of whether program services are to be provided through a network of approved providers, directly by the department, or by a combination of the department and approved providers as prescribed by this section.
(b)  The department shall provide services only as prescribed by department rule.
(c)  The department may provide primary health care services directly to eligible individuals to the extent that the department determines that existing private or public providers or other resources in the service area are unavailable or unable to provide those services.  In making that determination, the department shall:
(1)  initially determine the proposed need for services in the service area;
(2)  notify existing private and public providers and other resources in the service area of the department's initial determination of need and the services the department proposes to provide directly to eligible individuals;
(3)  provide existing private and public providers and other resources in the service area a reasonable opportunity to comment on the department's initial determination of need and the availability and ability of existing private or public providers or other resources in the service area to satisfy the need;
(4)  provide existing private and public providers and other resources in the service area a reasonable opportunity to obtain approval as providers under the program; and
(5)  eliminate, reduce, or otherwise modify the proposed scope or type of services the department proposes to provide directly to the extent that those services may be provided by existing private or public providers or other resources in the service area that meet the executive commissioner's criteria for approval as providers.
(d)  The department shall maintain a continuing review of the services it provides directly to the eligible individuals who participate in the program.  At least annually, the department shall review and determine the continued need for the services it provides directly in each service area, in accordance with the methods and procedures used to make the initial determination as prescribed by this section.
(e)  If after a review the department determines that a private or public provider or other resource is available to provide services and has been approved as a provider, the department shall, immediately after approving the provider, eliminate, reduce, or modify the scope and type of services the department provides directly to the extent the private or public provider or other resource is available and able to provide the service.
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. 3.0070, eff. April 2, 2015.