reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter H. Mental Health First Aid Training › Section 1001.202. Grants for Training of Mental Health First Aid Trainers

Sec. 1001.202.  GRANTS FOR TRAINING OF MENTAL HEALTH FIRST AID TRAINERS.  (a)  To the extent money is appropriated to the commission for that purpose, the commission shall make grants to local mental health authorities or local behavioral health authorities to contract with persons approved by the commission to train employees or contractors of the authorities as mental health first aid trainers.
(b)  The commission shall make each grant to a local mental health authority or local behavioral health authority under this section in the amount the commission determines necessary to cover the costs of training employees or contractors of the authority whose training as mental health first aid trainers will be paid by the grant.
(d)  The executive commissioner shall adopt rules to establish the requirements for a person to be approved by the commission to train employees or contractors of a local mental health authority or local behavioral health authority as mental health first aid trainers.  The rules must ensure that a person who is approved by the commission is qualified to provide training in:
(1)  the potential risk factors and warning signs for various mental illnesses, including depression, anxiety, trauma, psychosis, eating disorders, substance use disorders, and self-injury;
(2)  the prevalence of various mental illnesses in the United States and the need to reduce the stigma associated with mental illness;
(3)  an action plan for use by the employees or contractors that involves the use of skills, resources, and knowledge to assess a situation and develop and implement an appropriate intervention to help an individual experiencing a mental health crisis obtain appropriate professional care; and
(4)  the evidence-based professional, peer, social, and self-help resources available to help individuals with mental illness.
(e)  Two or more local mental health authorities or local behavioral health authorities may collaborate and share resources to provide training for employees or contractors of the authorities under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 836 (S.B. 133), Sec. 3, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 836 (S.B. 133), Sec. 8(1), eff. June 17, 2015.
Acts 2023, 88th Leg., R.S., Ch. 324 (H.B. 2059), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter H. Mental Health First Aid Training › Section 1001.204. Plans for Mental Health First Aid Training Programs

Sec. 1001.204.  PLANS FOR MENTAL HEALTH FIRST AID TRAINING PROGRAMS.  (a)  Not later than July 1 of each even-numbered year for which a local mental health authority or local behavioral health authority will seek a grant from the commission under Section 1001.203, the authority shall submit to the commission a plan demonstrating the manner in which grants made to the authority under that section will be used:
(1)  to train individuals in mental health first aid throughout the authority's local service area to maximize the number of children who have direct contact with an individual who has successfully completed a mental health first aid training program provided by the authority;
(2)  to meet the greatest needs of the authority's local service area, as identified by the authority; and
(3)  to complement existing resources and not duplicate established mental health first aid training efforts.
(b)  The commission may not make a grant to a local mental health authority or local behavioral health authority under Section 1001.203 unless the commission has evaluated a plan submitted by the authority under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 836 (S.B. 133), Sec. 6, eff. June 17, 2015.
Acts 2023, 88th Leg., R.S., Ch. 324 (H.B. 2059), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter H. Mental Health First Aid Training › Section 1001.206. Liability

Sec. 1001.206.  LIABILITY.  A person who has completed a mental health first aid training program offered by a local mental health authority or local behavioral health authority under this subchapter and who in good faith attempts to assist an individual experiencing a mental health crisis is not liable in civil damages for an act performed in attempting to assist the individual unless the act is wilfully or wantonly negligent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 324 (H.B. 2059), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter H. Mental Health First Aid Training › Section 1001.207. Program Promotion

Sec. 1001.207.  PROGRAM PROMOTION.  (a) The commission shall make available on its official Internet website information about the mental health first aid training program for the purpose of promoting public awareness of the program. An electronic link to an outside source of information is not sufficient.
(b)  The Texas Education Agency shall make available on its official Internet website information about the mental health first aid training program for the purpose of promoting public awareness of the program. An electronic link to an outside source of information is not sufficient.
Added by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 2.02, eff. December 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter I. Mental Health Services for Veterans › Section 1001.221. Definitions

Sec. 1001.221.  DEFINITIONS.  In this subchapter:
(1)  "Peer" means a person who is a veteran or a veteran's family member.
(1-a)  "Peer service coordinator" means a person who recruits and retains veterans, peers, and volunteers to participate in the mental health program for veterans and related activities.
(2)  "Veteran" means a person who has served in:
(A)  the army, navy, air force, coast guard, or marine corps of the United States;
(B)  the state military forces as defined by Section 431.001, Government Code; or
(C)  an auxiliary service of one of those branches of the armed forces.
(3)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 512 (S.B. 27), Sec. 8(2), eff. September 1, 2017.
Added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, eff. September 1, 2013.
Redesignated from Health and Safety Code, Section 1001.201 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(35), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 512 (S.B. 27), Sec. 5, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 512 (S.B. 27), Sec. 8(2), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter I. Mental Health Services for Veterans › Section 1001.222. General Powers and Duties

Sec. 1001.222.  GENERAL POWERS AND DUTIES.  (a)  The department shall develop a mental health intervention program for veterans.  The program must include:
(1)  peer-to-peer counseling;
(2)  access to licensed mental health professionals for peer service coordinators and peers;
(3)  training approved by the department for peer service coordinators, licensed mental health professionals, and peers;
(4)  technical assistance for peer service coordinators, licensed mental health professionals, and peers;
(5)  identification, retention, and screening of community-based licensed mental health professionals;
(6)  suicide prevention training for peer service coordinators and peers;
(7)  veteran jail diversion services, including veterans treatment courts; and
(8)  coordination of mental health first aid for veterans training to veterans and immediate family members of veterans.
(a-1)  As part of the mental health intervention program for veterans, the department shall develop a women veterans mental health initiative.
(a-2)  As part of the mental health intervention program for veterans, the department shall develop a rural veterans mental health initiative.
(b)  The department shall solicit and ensure that specialized training is provided to persons who are peers and who want to provide peer-to-peer counseling or other peer-to-peer services under the program.
(c)  The executive commissioner may adopt rules necessary to implement this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1636, eff. April 2, 2015.
Redesignated from Health and Safety Code Section 1001.202 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(35), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1237 (S.B. 1304), Sec. 1, eff. June 19, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1238 (S.B. 1305), Sec. 1, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 512 (S.B. 27), Sec. 6, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1327 (H.B. 4429), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter I. Mental Health Services for Veterans › Section 1001.224. Annual Report

Sec. 1001.224.  ANNUAL REPORT.  Not later than December 1 of each year, the department shall submit a report to the governor and the legislature that includes:
(1)  the number of veterans who received services through the mental health program for veterans;
(2)  the number of peers and peer service coordinators trained;
(3)  an evaluation of the services provided under this subchapter; and
(4)  recommendations for program improvements.
Added by Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 2, eff. September 1, 2013.
Redesignated from Health and Safety Code, Section 1001.204 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(35), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 512 (S.B. 27), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter I. Mental Health Services for Veterans › Section 1001.225. Limitation on Grants

Sec. 1001.225.  LIMITATION ON GRANTS.  The department may not award a grant to an entity for the provision of mental health services to veterans or veterans' families unless the entity demonstrates the entity:
(1)  has previously received and successfully executed a grant from the department; or
(2)  provides training on military informed care or military cultural competency to entity personnel who provide  mental health services to veterans or veterans' families or requires those personnel to complete military competency training provided by any of the following:
(A)  the Texas Veterans Commission;
(B)  the commission;
(C)  the Military Veteran Peer Network;
(D)  the Substance Abuse and Mental Health Services Administration within the United States Department of Health and Human Services;
(E)  the United States Department of Defense;
(F)  the United States Department of Veterans Affairs; or
(G)  a nonprofit organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt entity under Section 501(c)(3) of that code, with experience in providing training or technical assistance to entities that provide mental health services to veterans or veterans' families.
Added by Acts 2023, 88th Leg., R.S., Ch. 407 (H.B. 1457), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter J. Maternal Mortality Reporting and Investigation Information › Section 1001.241. Maternal Mortality Reporting and Investigation Information

Sec. 1001.241.  MATERNAL MORTALITY REPORTING AND INVESTIGATION INFORMATION.  (a)  The department shall post on the department's Internet website information regarding the systematic protocol for pregnancy-related death investigations and the best practices for reporting pregnancy-related deaths to the medical examiner or justice of the peace of each county, as applicable.
(b)  The information provided under Subsection (a) must include guidelines for:
(1)  determining when a comprehensive toxicology screening should be performed on a person whose death was related to pregnancy;
(2)  determining when a death should be reported to or investigated by a medical examiner or justice of the peace under Chapter 49, Code of Criminal Procedure; and
(3)  correctly completing the death certificate of a person whose death was related to pregnancy.
(c)  The executive commissioner shall adopt rules as necessary to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 927 (S.B. 1599), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter L. Data Collection and Analysis Regarding Opioid Overdose Deaths and Co-Occurring Substance Use Disorders › Section 1001.281. Data Collection and Analysis Regarding Opioid Overdose Deaths and Co-Occurring Substance Use Disorders

Sec. 1001.281.  DATA COLLECTION AND ANALYSIS REGARDING OPIOID OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS.  (a)  The executive commissioner shall ensure that data is collected by the department regarding opioid overdose deaths and the co-occurrence of substance use disorders and mental illness.  The department may use data collected by the vital statistics unit and any other source available to the department.
(b)  In analyzing data collected under this section, the department shall evaluate the capacity in this state for the treatment of co-occurring substance use disorders and mental illness.
Added by Acts 2019, 86th Leg., R.S., Ch. 1167 (H.B. 3285), Sec. 8, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(57), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter A. General Provisions › Section 1003.001. Establishment of Adult Stem Cell Bank

Sec. 1003.001.  ESTABLISHMENT OF ADULT STEM CELL BANK.  (a)  If the executive commissioner of the Health and Human Services Commission determines that it will be cost-effective and increase the efficiency or quality of health care, health and human services, and health benefits programs in this state, the executive commissioner by rule shall establish eligibility criteria for the creation and operation of an autologous adult stem cell bank.
(b)  In adopting the rules under Subsection (a), the executive commissioner shall consider:
(1)  the ability of the applicant to establish, operate, and maintain an autologous adult stem cell bank and to provide related services; and
(2)  the demonstrated experience of the applicant in operating similar facilities in this state.
(c)  This section does not affect the application of or apply to Chapter 162.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 14.01, eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter A. General Provisions › Section 1003.002. General Requirements for Adult Stem Cell Use in Health Care

Sec. 1003.002.  GENERAL REQUIREMENTS FOR ADULT STEM CELL USE IN HEALTH CARE.  A person using adult stem cells in the provision of health care:
(1)  must use adult stem cells that are properly manufactured and stored; and
(2)  may only use adult stem cells in a clinical trial approved by the United States Food and Drug Administration.
Added by Acts 2015, 84th Leg., R.S., Ch. 992 (H.B. 177), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter A. General Provisions › Section 1003.003. Additional Requirements for Adult Stem Cell Use in Hospitals

Sec. 1003.003.  ADDITIONAL REQUIREMENTS FOR ADULT STEM CELL USE IN HOSPITALS.  A hospital may use adult stem cells in a procedure if:
(1)  a physician providing services at the hospital determines that the use of adult stem cells in the procedure is appropriate;
(2)  the patient consents in writing to the use;
(3)  the requirements for stem cell use under Section 1003.002 are met;
(4)  the manufacturing processes for the adult stem cells satisfy current good manufacturing practices adopted by the United States Food and Drug Administration; and
(5)  appropriate state and federal guidelines on the use of adult stem cells are followed.
Added by Acts 2015, 84th Leg., R.S., Ch. 992 (H.B. 177), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.051. Definitions

Sec. 1003.051.  DEFINITIONS.  In this subchapter:
(1)  "Investigational stem cell treatment" means an adult stem cell treatment that:
(A)  is under investigation in a clinical trial and being administered to human participants in that trial; and
(B)  has not yet been approved for general use by the United States Food and Drug Administration.
(2)  "Severe chronic disease" means a condition, injury, or illness that:
(A)  may be treated;
(B)  is never cured or eliminated; and
(C)  entails significant functional impairment or severe pain.
(3)  "Terminal illness" means an advanced stage of a disease with an unfavorable prognosis that, without life-sustaining procedures, will soon result in death or a state of permanent unconsciousness from which recovery is unlikely.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.052. Rules

Sec. 1003.052.  RULES.  The executive commissioner shall adopt rules designating the medical conditions that constitute a severe chronic disease or terminal illness for purposes of this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.0525. Administration of Subchapter

Sec. 1003.0525.  ADMINISTRATION OF SUBCHAPTER.  The department shall administer this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1158 (H.B. 3148), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.0526. Investigational Stem Cell Registry

Sec. 1003.0526.  INVESTIGATIONAL STEM CELL REGISTRY.  The department shall establish and maintain an investigational stem cell registry that lists each physician who administers an investigational stem cell treatment under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1158 (H.B. 3148), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.053. Patient Eligibility

Sec. 1003.053.  PATIENT ELIGIBILITY.  A patient is eligible to access and use an investigational stem cell treatment under this subchapter if:
(1)  the patient has a severe chronic disease or terminal illness listed in the rules adopted under Section 1003.052 and attested to by the patient's treating physician; and
(2)  the patient's physician:
(A)  in consultation with the patient, has considered all other treatment options currently approved by the United States Food and Drug Administration and determined that those treatment options are unavailable or unlikely to alleviate the significant impairment or severe pain associated with the severe chronic disease or terminal illness; and
(B)  has recommended or prescribed in writing that the patient use a specific class of investigational stem cell treatment.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.054. Informed Consent

Sec. 1003.054.  INFORMED CONSENT.  (a)  Before receiving an investigational stem cell treatment, an eligible patient must sign a written informed consent.
(b)  If the patient is a minor or lacks the mental capacity to provide informed consent, a parent, guardian, or conservator may provide informed consent on the patient's behalf.
(c)  The executive commissioner by rule shall adopt a form for the informed consent under this section. The form must provide notice that the department administers this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1158 (H.B. 3148), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.055. Treatment Requirements; Texas Medical Board Rules

Sec. 1003.055.  TREATMENT REQUIREMENTS; TEXAS MEDICAL BOARD RULES.  (a)  Treatment provided under this subchapter must be:
(1)  administered directly by a physician certified under Subsection (c);
(2)  overseen by an institutional review board described by Subsection (d); and
(3)  provided at:
(A)  a hospital licensed under Chapter 241;
(B)  an ambulatory surgical center licensed under Chapter 243; or
(C)  a medical school, as defined by Section 61.501, Education Code.
(b)  A physician administering an investigational stem cell treatment under this subchapter shall comply with all applicable Texas Medical Board rules.
(c)  An institutional review board described by Subsection (d) may certify a physician to provide an investigational stem cell treatment under this subchapter.
(d)  An institutional review board that oversees investigational stem cell treatments administered under this subchapter must meet one of the following conditions:
(1)  be affiliated with a medical school, as defined by Section 61.501, Education Code;
(2)  be affiliated with a hospital licensed under Chapter 241 that has at least 150 beds;
(3)  be accredited by the Association for the Accreditation of Human Research Protection Programs;
(4)  be registered by the United States Department of Health and Human Services, Office for Human Research Protections, in accordance with 21 C.F.R. Part 56; or
(5)  be accredited by a national accreditation organization acceptable to the Texas Medical Board.
(e)  The Texas Medical Board may adopt rules regarding institutional review boards as necessary to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1158 (H.B. 3148), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.056. Effect on Other Law

Sec. 1003.056.  EFFECT ON OTHER LAW.  (a)  This subchapter does not affect the coverage of enrollees in clinical trials under Chapter 1379, Insurance Code.
(b)  This subchapter does not affect or authorize a person to violate any law regulating the possession, use, or transfer of fetal tissue, fetal stem cells, adult stem cells, or human organs, including Sections 48.02 and 48.04, Penal Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(13), eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.057. Action Against Physician's License Prohibited

Sec. 1003.057.  ACTION AGAINST PHYSICIAN'S LICENSE PROHIBITED.  Notwithstanding any other law, the Texas Medical Board may not revoke, fail  to renew, suspend, or take any action against a physician's license under Subchapter B, Chapter 164, Occupations Code, based solely on the physician's recommendations to an eligible patient regarding access to or use of an investigational stem cell treatment, provided that the care provided or recommendations made to the patient meet the standard of care and the requirements of this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.058. Governmental Interference Prohibited

Sec. 1003.058.  GOVERNMENTAL INTERFERENCE PROHIBITED.  (a)  In this section, "governmental entity" means this state or an agency or political subdivision of this state.
(b)  A governmental entity or an officer, employee, or agent of a governmental entity may not interfere with an eligible patient's access to or use of an investigational stem cell treatment authorized under this subchapter unless the treatment uses an adult stem cell product that is considered an adulterated or misbranded drug under Chapter 431. For purposes of this subsection, a governmental entity may not consider the adult stem cell product to be an adulterated or misbranded drug solely on the basis that the United States Food and Drug Administration has not approved the adult stem cell product.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1158 (H.B. 3148), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.059. Institutional Review Board Documentation; Report

Sec. 1003.059.  INSTITUTIONAL REVIEW BOARD DOCUMENTATION; REPORT.  (a)  An institutional review board overseeing an investigational stem cell treatment under this subchapter shall keep a record on each person to whom a physician administers the treatment and document in the record the provision of each treatment and the effects of the treatment on the person throughout the period the treatment is administered to the person.
(b)  Each institutional review board overseeing an investigational stem cell treatment under this subchapter shall submit an annual report to the Texas Medical Board on the review board's findings based on records kept under Subsection (a).  The report may not include any patient identifying information and must be made available to the public in both written and electronic form.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1003 - Adult Stem Cells › Subchapter B. Provision of Investigational Stem Cell Treatments to Patients With Certain Severe Chronic Diseases or Terminal Illnesses › Section 1003.060. Construction of Subchapter

Sec. 1003.060.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed to:
(1)  prohibit a physician from using adult stem cells for their intended homologous use if the stem cells are:
(A)  produced by a manufacturer registered by the United States Food and Drug Administration; and
(B)  commercially available; or
(2)  require an institutional review board to oversee treatment using adult stem cells registered by the United States Food and Drug Administration for their intended homologous use.
Added by Acts 2019, 86th Leg., R.S., Ch. 1158 (H.B. 3148), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter A. General Provisions › Section 1101.001. Short Title

Sec. 1101.001.  SHORT TITLE.  This chapter may be cited as the Texas Environmental, Health, and Safety Audit Privilege Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter A. General Provisions › Section 1101.002. Purpose; Circumvention by Rule Prohibited

Sec. 1101.002.  PURPOSE; CIRCUMVENTION BY RULE PROHIBITED.  (a)  The purpose of this chapter is to encourage voluntary compliance with environmental and occupational health and safety laws.
(b)  A regulatory agency may not adopt a rule or impose a condition that circumvents the purpose of this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter A. General Provisions › Section 1101.003. Definitions

Sec. 1101.003.  DEFINITIONS.  (a)  In this chapter:
(1)  "Acquisition closing date" means the date on which ownership of, or a direct or indirect majority interest in the ownership of, a regulated facility or operation is acquired in an asset purchase, equity purchase, merger, or similar transaction.
(2)  "Audit report" means an audit report described by Section 1101.051.
(3)  "Environmental or health and safety audit" or "audit" means a systematic voluntary evaluation, review, or assessment of compliance with environmental or health and safety laws or with any permit issued under an environmental or health and safety law conducted by an owner or operator, an employee of an owner or operator, a person, including an employee or independent contractor of the person, that is considering the acquisition of a regulated facility or operation, or an independent contractor of:
(A)  a regulated facility or operation; or
(B)  an activity at a regulated facility or operation.
(4)  "Environmental or health and safety law" means:
(A)  a federal or state environmental or occupational health and safety law; or
(B)  a rule, regulation, or regional or local law adopted in conjunction with a law described by Paragraph (A).
(5)  "Owner or operator" means a person who owns or operates a regulated facility or operation.
(6)  "Penalty" means an administrative, civil, or criminal sanction imposed by the state to punish a person for a violation of a statute or rule.  The term does not include a technical or remedial provision ordered by a regulatory authority.
(7)  "Regulated facility or operation" means a facility or operation that is regulated under an environmental or health and safety law.
(b)  A person acts intentionally for purposes of this chapter if the person acts intentionally within the meaning of Section 6.03, Penal Code.
(c)  For purposes of this chapter, a person acts knowingly, or with knowledge, with respect to the nature of the person's conduct when the person is aware of the person's physical acts.  A person acts knowingly, or with knowledge, with respect to the result of the person's conduct when the person is aware that the conduct will cause the result.
(d)  A person acts recklessly or is reckless for purposes of this chapter if the person acts recklessly or is reckless within the meaning of Section 6.03, Penal Code.
(e)  To fully implement the privilege established by this chapter, the term "environmental or health and safety law" shall be construed broadly.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter A. General Provisions › Section 1101.004. Applicability

Sec. 1101.004.  APPLICABILITY.  The privilege established by this chapter applies to environmental or health and safety audits that are conducted on or after May 23, 1995.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter A. General Provisions › Section 1101.005. Relationship to Other Recognized Privileges

Sec. 1101.005.  RELATIONSHIP TO OTHER RECOGNIZED PRIVILEGES. This chapter does not limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter B. General Audit Provisions › Section 1101.051. Audit Report

Sec. 1101.051.  AUDIT REPORT.  (a)  An audit report is a report that includes each document and communication, other than those described by Section 1101.102, produced from an environmental or health and safety audit.
(b)  General components that may be contained in a completed audit report include:
(1)  a report prepared by an auditor, monitor, or similar person, which may include:
(A)  a description of the scope of the audit;
(B)  the information gained in the audit and findings, conclusions, and recommendations; and
(C)  exhibits and appendices;
(2)  memoranda and documents analyzing all or a portion of the materials described by Subdivision (1) or discussing implementation issues; and
(3)  an implementation plan or tracking system to correct past noncompliance, improve current compliance, or prevent future noncompliance.
(c)  The types of exhibits and appendices that may be contained in an audit report include supporting information that is collected or developed for the primary purpose of and in the course of an environmental or health and safety audit, including:
(1)  interviews with current or former employees;
(2)  field notes and records of observations;
(3)  findings, opinions, suggestions, conclusions, guidance, notes, drafts, and memoranda;
(4)  legal analyses;
(5)  drawings;
(6)  photographs;
(7)  laboratory analyses and other analytical data;
(8)  computer-generated or electronically recorded information;
(9)  maps, charts, graphs, and surveys; and
(10)  other communications associated with an environmental or health and safety audit.
(d)  To facilitate identification, each document in an audit report should be labeled "COMPLIANCE REPORT:  PRIVILEGED DOCUMENT" or labeled with words of similar import.  Failure to label a document under this section does not constitute a waiver of the privilege established by this chapter or create a presumption that the privilege does or does not apply.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter B. General Audit Provisions › Section 1101.052. Period for Completion of Audit

Sec. 1101.052.  PERIOD FOR COMPLETION OF AUDIT.  (a)  Unless an extension is approved by the governmental entity with regulatory authority over the regulated facility or operation based on reasonable grounds, an environmental or health and safety audit must be completed within a reasonable time not to exceed six months after:
(1)  the date the audit is initiated; or
(2)  the acquisition closing date, if the person continues the audit under Section 1101.053.
(b)  Subsection (a)(1) does not apply to an environmental or health and safety audit conducted before the acquisition closing date by a person that is considering the acquisition of the regulated facility or operation.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter B. General Audit Provisions › Section 1101.053. Continuation of Audit Begun Before Acquisition Closing Date

Sec. 1101.053.  CONTINUATION OF AUDIT BEGUN BEFORE ACQUISITION CLOSING DATE.  A person that begins an environmental or health and safety audit before becoming the owner of a regulated facility or operation may continue the audit after the acquisition closing date if the person gives notice under Section 1101.155.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter C. Privilege › Section 1101.101. Scope of Privilege

Sec. 1101.101.  SCOPE OF PRIVILEGE.  (a)  An audit report is privileged as provided by this section.
(b)  Except as provided by Sections 1101.102, 1101.103, and 1101.104, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in:
(1)  a civil action, whether legal or equitable; or
(2)  an administrative proceeding.
(c)  A person, when called or subpoenaed as a witness, may not be compelled to testify or produce a document related to an environmental or health and safety audit if:
(1)  the testimony or document discloses any item listed in Section 1101.051 that was made as part of the preparation of an audit report and that is addressed in a privileged part of an audit report;  and
(2)  the person is:
(A)  a person who conducted any portion of the audit but did not personally observe the physical events;
(B)  a person to whom the audit results are disclosed under Section 1101.103(b); or
(C)  a custodian of the audit results.
(d)  A person who conducts or participates in the preparation of an environmental or health and safety audit and who has actually observed physical events of violation may testify about those events but may not be compelled to testify about or produce documents related to the preparation of or any privileged part of an environmental or health and safety audit or any item listed in Section 1101.051.
(e)  An employee of a state agency may not request, review, or otherwise use an audit report during an agency inspection of a regulated facility or operation or an activity of a regulated facility or operation.
(f)  A party asserting the privilege created by this section has the burden of establishing the applicability of the privilege.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter C. Privilege › Section 1101.102. Nonprivileged Materials

Sec. 1101.102.  NONPRIVILEGED MATERIALS.  (a)  The privilege established by Section 1101.101 does not apply to:
(1)  a document, communication, datum, or report or other information required by a regulatory agency to be collected, developed, maintained, or reported under a federal or state environmental or health and safety law;
(2)  information obtained by observation, sampling, or monitoring by a regulatory agency; or
(3)  information obtained from a source not involved in the preparation of the audit report.
(b)  This section does not limit the right of a person to agree to conduct and disclose an audit report.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter C. Privilege › Section 1101.104. Exception: Disclosure Required by Court or Administrative Hearings Official

Sec. 1101.104.  EXCEPTION:  DISCLOSURE REQUIRED BY COURT OR ADMINISTRATIVE HEARINGS OFFICIAL.  (a)  A court or administrative hearings official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearings official determines, after an in camera review consistent with the appropriate rules of procedure, that:
(1)  the privilege is asserted for a fraudulent purpose;
(2)  the portion of the audit report is not subject to the privilege by application of Section 1101.102; or
(3)  the portion of the audit report shows evidence of noncompliance with an environmental or health and safety law and appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence after discovery of noncompliance.
(b)  A party seeking disclosure under this section has the burden of proving that Subsection (a)(1), (2), or (3) applies.
(c)  Notwithstanding Chapter 2001, Government Code, a decision of an administrative hearings official under Subsection (a)(1), (2), or (3) of this section is directly appealable to a court of competent jurisdiction without disclosure of the audit report to any person unless so ordered by the court.
(d)  A person claiming the privilege is subject to sanctions as provided by Rule 215 of the Texas Rules of Civil Procedure or to a fine not to exceed $10,000 if the court finds, consistent with fundamental due process, that the person intentionally or knowingly claimed the privilege for information that, by application of Section 1101.102, is not subject to the privilege.
(e)  A determination of a court under this section is subject to interlocutory appeal to an appropriate appellate court.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter C. Privilege › Section 1101.105. Review of Privileged Documents by Governmental Authority

Sec. 1101.105.  REVIEW OF PRIVILEGED DOCUMENTS BY GOVERNMENTAL AUTHORITY.  (a)  If an audit report is obtained, reviewed, or used in a criminal proceeding, the administrative or civil evidentiary privilege established by Section 1101.101 is not waived or eliminated for any other purpose.
(b)  Notwithstanding the privilege established by Section 1101.101, a regulatory agency may review information that is required to be available under a specific state or federal law, but that review does not waive or eliminate the administrative or civil evidentiary privilege if applicable.
(c)  If information is required to be available to the public by operation of a specific state or federal law, the governmental authority shall notify the person claiming the privilege of the potential for public disclosure before obtaining the information under Subsection (a) or (b).
(d)  If privileged information is disclosed under Subsection (b) or (c), on the motion of a party, a court or the appropriate administrative official shall suppress evidence offered in any civil or administrative proceeding that arises or is derived from review, disclosure, or use of information obtained under this section unless the review, disclosure, or use is authorized under Section 1101.102.  A party having received information under Subsection (b) or (c) has the burden of proving that the evidence offered did not arise and was not derived from the review of privileged information.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 13 - Environmental, Health, and Safety Audit Privilege Act › Chapter 1101 - Environmental, Health, and Safety Audit Privilege Act › Subchapter D. Voluntary Disclosure; Immunity › Section 1101.151. Immunity for Violation Voluntarily Disclosed

Sec. 1101.151.  IMMUNITY FOR VIOLATION VOLUNTARILY DISCLOSED.  Except as otherwise provided by this subchapter, a person who makes a voluntary disclosure of a violation of an environmental or health and safety law is immune from an administrative or civil penalty for the violation disclosed.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.