reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter G - COMPLIANCE › Section 884.55 - Monitoring Compliance with Disciplinary Orders

Current through Reg. 49, No. 28; July 12, 2024
Each member board shall coordinate with agency staff and
					 be responsible for monitoring its applicants and licensees who are ordered by
					 the Council to take or undergo certain corrective, preventative, or
					 rehabilitative steps within a disciplinary or eligibility order. The member
					 boards shall ascertain whether its applicants and licensees are performing the
					 required acts within the designated time period, and make appropriate
					 recommendations to the Council for modification of the terms of an order or for
					 further enforcement proceedings based upon noncompliance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter H - CONTESTED CASES › Section 884.60 - Witness Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A witness or
				  deponent who is not a party and who is subpoenaed or otherwise compelled to
				  attend a hearing or deposition pursuant to §
										507.206 of the
				  Occupations Code, in connection with a complaint, shall be entitled to
				  reimbursement of expenses as set forth in §
										2001.103 of the
				  Government Code.
(b) The party or
				  agency at whose request a witness appears or the deposition is taken shall be
				  responsible for payment of the expenses required by this rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter H - CONTESTED CASES › Section 884.61 - Contested Case Hearing Costs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Costs associated with a contested case hearing before SOAH shall be determined
				  according to the rules in 1 TAC §
										155.423
				  unless determined in accordance with subsection (b) of this section.
(b) On the written request by a party to a
				  case or on request of the ALJ, a written transcript of all or part of the
				  proceedings shall be prepared. The cost of the transcript is borne by the
				  requesting party. This section does not preclude the parties from agreeing to
				  share the costs associated with the preparation of a transcript. If only the
				  ALJ requests a transcript, costs will be assessed to the respondent(s) or
				  applicant(s), as appropriate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter H - CONTESTED CASES › Section 884.62 - Final Decision and Order

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  final decision or order following a contested case at SOAH shall be in writing
				  and shall be signed by the presiding officer for the Council.
(b) A party who appeals a final agency
				  decision or order must pay all costs for the preparation of the original or a
				  certified copy of the record of the agency proceeding that is required to be
				  transmitted to the reviewing court.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter H - CONTESTED CASES › Section 884.63 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  motion for rehearing is a prerequisite to appeal from a Council's final
				  decision or order in a contested case. A motion for rehearing shall be filed
				  and handled in accordance with Government Code, Chapter 2001, Subchapter
				  F.
(b) The Executive Director is
				  authorized to grant or deny requests to extend the deadline for filing a motion
				  for rehearing in accordance with Government Code, Chapter 2001, Subchapter
				  F.
(c) In the event of an
				  extension, the motion for rehearing may be overruled by operation of law in
				  accordance with Government Code, Chapter 2001, Subchapter F.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 884 - COMPLAINTS AND ENFORCEMENT › Subchapter H - CONTESTED CASES › Section 884.65 - Corrected Final Decision and Order

Current through Reg. 49, No. 28; July 12, 2024
The Executive Director may enter a corrected order to
					 correct a clerical mistake in an order of the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 885 - FEES › Section 885.1 - Executive Council Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				provisions.
(1) All fees are nonrefundable,
				nontransferable, and cannot be waived except as otherwise permitted by law. Any
				attempt to cancel, initiate a chargeback, or seek recovery of fees paid to the
				Council may result in the opening of a complaint against a licensee or
				applicant.
(2) Fees required to be
				submitted online to the Council must be paid by debit or credit card. All other
				fees paid to the Council must be in the form of a personal check, cashier's
				check, or money order.
(3) For
				applications and renewals the Council is required to collect fees to fund the
				Office of Patient Protection (OPP) in accordance with Texas Occupations Code
				§
										101.307, relating to
				the Health Professions Council.
(4)
				For applications, examinations, and renewals the Council is required to collect
				subscription or convenience fees to recover costs associated with processing
				through Texas.gov.
(5) All
				examination fees are to be paid to the Council's designee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter B - FORMAL HEARING PROCEDURES › Section 1.21 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
These rules cover the hearing procedures and practices that
					 are available to persons or parties who request formal hearings from the
					 department. The intended effect of these rules is to supplement the contested
					 case provisions of the Texas Government Code, Chapter 2001, Administrative
					 Procedure Act (APA), the hearing procedures of the State Office of
					 Administrative Hearings (Texas Government Code, Chapter 2003 and Rules of
					 Procedure, 1 Texas Administrative Code, Chapter 155), and to make the public
					 aware of these procedures and practices.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter B - FORMAL HEARING PROCEDURES › Section 1.23 - Subpoena

Current through Reg. 49, No. 28; July 12, 2024
(a) On the written
				  motion of any party or the Administrative Law Judge (ALJ), the department shall
				  issue a subpoena to the appropriate process server to require the attendance of
				  witnesses or the production of documents or other tangible evidence at the
				  hearing.
(b) There must be a
				  showing of good cause for the subpoena.
(c) Motions for the issuance of a subpoena
				  shall be submitted to the commissioner or a designee of the commissioner and
				  simultaneously filed with the Office of General Counsel. The subpoena shall be
				  issued upon a finding of good cause.
(d) A party or witness may object to the
				  subpoena or move for a protective order as provided by the Texas Rules of Civil
				  Procedure. Motions regarding objections to the subpoena or for a protective
				  order shall be filed with the ALJ, who shall rule on them in a timely
				  manner.
(e) Documents subpoenaed
				  include books, papers, records, accounts, photographs, and similar materials or
				  objects.
(f) Witnesses subpoenaed
				  shall be paid per diem and mileage in accordance with those amounts paid to
				  state employees as set out in the current State General Appropriations Act, or
				  a higher amount as set by the department. The party that requests the subpoena
				  is responsible for paying all subpoena costs and fees.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter B - FORMAL HEARING PROCEDURES › Section 1.25 - Default

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  this section, default means the failure of the respondent to appear in person
				  or by legal representative on the day and at the time set for hearing in a
				  contested case or the failure to appear by telephone in accordance with the
				  notice of hearing.
(b) Remedies
				  available upon default. The Administrative Law Judge (ALJ) shall proceed in the
				  party's absence and such failure to appear shall entitle the department to seek
				  informal disposition as provided by the Texas Government Code, Chapter 2001.
				  The ALJ shall grant any motion by the department to remove the case from the
				  contested hearing docket and allow for informal disposition by the
				  commissioner.
(c) The commissioner
				  may enter a default judgment by issuing an order against the defaulting party
				  in which the factual allegations in the notice of hearing are deemed admitted
				  as true without the requirement of submitting additional proof, upon the offer
				  of proof that proper notice was provided to the defaulting party opponent. For
				  purposes of this section, proper notice means notice sufficient to meet the
				  provisions of the Texas Government Code, Chapter 2001 and the State Office of
				  Administrative Hearings Rules of Procedure, 1 Texas Administrative Code,
				  Chapter 155.
(d) Motion to set
				  aside and reopen. A timely motion by the respondent to set aside the default
				  order and reopen the record may be granted if the respondent establishes that
				  the failure to attend the hearing was neither intentional nor the result of
				  conscious indifference, and that such failure was due to mistake, accident, or
				  circumstances beyond the respondent's control.
(1) A motion to set aside the default order
				  and reopen the record shall be filed with the commissioner prior to the time
				  that the order of the commissioner becomes final pursuant to the provisions of
				  the Texas Government Code.
(2) A
				  motion to set aside the default order and reopen the record is not a motion for
				  rehearing and is not to be considered a substitute for a motion for rehearing.
				  The filing of a motion to set aside the default order and reopen has no effect
				  on either the statutory time periods for the filing of a motion for rehearing
				  or on the time period for ruling on a motion for rehearing, as provided in the
				  Texas Government Code.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter B - FORMAL HEARING PROCEDURES › Section 1.27 - Action After the Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Proposed
				  findings of fact and conclusions of law. The ALJ may invite parties to file
				  briefs. Such briefs, if solicited, may contain proposed findings of fact and
				  conclusions of law. Findings of fact and conclusions of law submitted may be
				  adopted by the ALJ in the proposal for decision. Neither the ALJ nor the final
				  decision-maker need rule on any proposed findings of fact and conclusions of
				  law.
(b) Proposal for decision.
(1) The ALJ shall prepare the proposal for
				  decision and provide copies to all parties.
(2) Each party having the right and desire to
				  file exceptions and briefs shall file them with the ALJ and the commissioner
				  within 20 days after the date of the proposal for decision.
(3) Parties desiring to do so shall file
				  written replies and briefs to these exceptions and briefs with the ALJ and the
				  commissioner within 15 days after the date of the exceptions.
(4) All exceptions and replies to them shall
				  be succinctly stated.
(5) Failure
				  to reply or except may be construed as agreement with the proposal or
				  exceptions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter C - FAIR HEARING PROCEDURES › Section 1.41 - Medicaid Uniform Fair Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. The Texas Department of Health
				  (department) adopts by reference rules regarding Medicaid fair hearings adopted
				  by the Texas Health and Human Services Commission under 1 Texas Administrative
				  Code (TAC), Chapter 357, §§357.1, 357.3, 357.5, 357.7, 357.9, 357.11,
				  357.13, 357.15, 357.17, 357.19, 357.21, 357.23, 357.25, 357.27, and
				  357.29.
(b) Scope. These rules
				  establish fair hearing procedures which the department will follow when the
				  department is required to conduct a fair hearing for Medicaid funded
				  services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter C - FAIR HEARING PROCEDURES › Section 1.51 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Various federal and state statutes or regulations require the Texas Department
				  of Health (department) to establish procedures for conducting fair hearings in
				  connection with various programs administered by the department. These hearings
				  are not required to be conducted under the provisions of the Administrative
				  Procedure Act, Government Code, Chapter 2001 (APA). Rather, the department
				  shall conduct fair hearings in accordance with rules adopted by the Texas Board
				  of Health. Where there is a conflict between these sections and the sections of
				  a particular program, the more particular program sections will
				  control.
(b) Scope.
(1) These sections establish fair hearing
				  procedures which the department will follow when the department is required to
				  conduct a fair hearing by federal or state statutes, rules or regulations, or
				  when a statute or regulation does not specify that a contested case be heard
				  under the APA. Specifically, the sections cover the opportunity for a hearing,
				  the hearing notice, the hearing procedure and the decision-making
				  process.
(2) These procedures apply
				  to fair hearings for:
(A) the County Indigent
				  Health Care Program;
(B) the
				  Chronically Ill and Disabled Children's Services Program;
(C) the Waiver Program for Medically
				  Dependent Children;
(D) the Kidney
				  Health Care;
(E) the Lead-Based
				  Paint Certification Program;
(F)
				  participation in the Women, Infant, and Children (WIC) Program;
(G) client appeals in the medical assistance
				  program administered by the department; and
(H) any other program hearing not required to
				  be a contested case hearing under the provisions of the APA.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter C - FAIR HEARING PROCEDURES › Section 1.52 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Department
				  notice. Prior to making a final decision adverse to an affected person, the
				  appropriate department program shall give the affected person written notice of
				  an opportunity for a hearing on the proposed action. The notice shall contain:
(1) a statement of the action the department
				  intends to take;
(2) an explanation
				  of the reasons for the action the department intends to take;
(3) a reference to the statutory and
				  regulatory authority supporting the intended action;
(4) an explanation of the affected person's
				  right to request a hearing; and
(5)
				  the procedure by which an affected person may request a hearing.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter C - FAIR HEARING PROCEDURES › Section 1.53 - Preliminary Matters

Current through Reg. 49, No. 28; July 12, 2024
(a) Assignment of
				  hearing examiner. When a department program receives a timely request for a
				  hearing, the program shall within ten days after receipt, forward such request,
				  along with other pertinent documentation relating to such request, to the
				  Office of General Counsel for the purpose of docketing, assignment of a
				  representative of the program, and assignment of a hearing examiner to conduct
				  the hearing. Neither the hearing examiner nor the program representative need
				  be an attorney.
(b) Notification of
				  hearing. The hearing examiner shall, not less than ten days prior to the date
				  of the hearing, send a written notification of the hearing to the affected
				  person who has requested the hearing. The notification shall contain the basis
				  of the proposed action; the time, date, and place of the hearing; and a
				  statement that the affected person may request the fair hearing be conducted
				  based on the taking of oral testimony or written information contained in the
				  program file and any additional written information the person may wish to
				  submit, without the necessity of taking oral testimony.
(c) Discovery. The affected person shall be
				  given the opportunity to examine the case file, claim file and any other
				  documents or records the program intends to use at the fair hearing at a
				  reasonable time before and during the hearing. There shall be no other
				  discovery.
(d) Location of hearing.
				  Hearings will be held in Austin, unless the hearing examiner determines that
				  circumstances exist which justify that the hearing be held in another location.
				  A fair hearing may be conducted through telecommunications on order of the
				  hearing examiner.
(e) Privileges,
				  evidence, and procedure. Only the rules contained in this undesignated head
				  apply to fair hearings. Any party to a fair hearing is not required to disclose
				  communications between a lawyer and client, a husband and wife, a clergy-person
				  and a person seeking spiritual advice, or the name of an informant or other
				  information protected by federal or state substantive law from being divulged.
				  No decision may be based on undisclosed information.
(f) Hearing based on written information. The
				  hearing may be conducted based on the written information contained in the
				  program files and additional written information submitted to the hearing
				  examiner and the other party not less than three days prior to the hearing
				  without the necessity of taking oral testimony.
(g) Dismissal of hearing. The hearing
				  examiner shall deny or dismiss a request for a fair hearing and the proposed
				  action may be taken if the affected person withdraws the request in writing or
				  fails to appear at the scheduled hearing without good cause.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter C - FAIR HEARING PROCEDURES › Section 1.54 - Conduct of the Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Testimony. The
				  affected person shall have the opportunity to refute the basis of the proposed
				  action, to offer oral and written testimony in the person's behalf, and to
				  question any witnesses or appropriate department program representatives about
				  the proposed action. The affected person may bring witnesses.
(b) Burden of proof. The department program
				  bears the burden of proof in a fair hearing, unless otherwise specified in a
				  department rule.
(c) Recording. The
				  hearing examiner will make a record of the proceeding, either through a tape
				  recording or a court reporter. The cost of a court reporter will be borne by
				  the person who requests that a court reporter be present. The affected person
				  shall have the right to make an audio recording of the fair hearing. Any
				  witness shall have the right to make an audio recording of his or her
				  testimony.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter C - FAIR HEARING PROCEDURES › Section 1.55 - The Hearing Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Basis for
				  decision. A decision made following a fair hearing shall be based exclusively
				  on the evidence introduced at the hearing from the documents submitted by the
				  affected person and the department if no oral testimony is taken. Otherwise, a
				  decision shall be based on the record of the hearing. The hearing examiner may
				  have the delegated authority to make a final decision.
(b) Record. The record of the hearing shall
				  consist of the transcript or recording of the testimony; the exhibits,
				  documents and requests filed in the proceeding; the recommendation of the
				  hearing examiner, if applicable; and the decision.
(c) The decision.
(1) The hearing examiner may render a final
				  decision if the commissioner of health has delegated such authority.
(2) If a hearing examiner has not been
				  delegated authority from the commissioner of health to render a final decision,
				  the hearing examiner shall prepare a recommendation for decision and provide it
				  to the parties to a hearing. The parties to a hearing may provide to the
				  hearing examiner a response to the recommendation. The recommendation and any
				  responses shall be submitted to the commissioner of health or commissioner's
				  designee for final decision.
(3)
				  Each decision shall summarize the testimony and evidence, decide the facts, and
				  identify evidence and regulations supporting the decision. The decision need
				  not include separately stated findings of fact and conclusions of
				  law.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter D - LOW-THC CANNABIS FOR COMPASSIONATE USE › Section 1.61 - Incurable Neurodegenerative Diseases

Current through Reg. 49, No. 28; July 12, 2024
(a) An incurable neurodegenerative disease is
				  a condition, injury, or illness:
(1) that
				  occurs when nerve cells in the brain or peripheral nervous system lose function
				  over time; and
(2) for which there
				  is no known cure.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter D - LOW-THC CANNABIS FOR COMPASSIONATE USE › Section 1.65 - Compassionate-Use Research and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) One or more compassionate-use
				  institutional review boards (CIRBs) may be established to evaluate and approve
				  proposed research to study the medical use of low-THC cannabis, in accordance
				  with Texas Health and Safety Code § 487.253.
(b) When seeking approval from a CIRB, the
				  principal investigator of a proposed research program must clearly identify the
				  medical condition for which a patient will be treated with low-THC
				  cannabis.
(c) A principal
				  investigator shall only study the use of low-THC cannabis in treating the
				  medical condition identified in the proposed research program application
				  approved by a CIRB.
(d) The CIRB
				  shall specify an end date to any study it approves. A study may terminate
				  earlier than the date specified by the CIRB if the principal investigator
				  chooses to end the study early. However, a CIRB shall have authority to suspend
				  or terminate approval of research that is not being conducted in accordance
				  with the CIRB's requirements or that has been associated with unexpected
				  serious harm to subjects.
(e)
				  Approval of a research program by a CIRB is not transferable to another
				  research program.
(f) A medical
				  condition may be treated with low-THC cannabis as part of an approved research
				  program if:
(1) treatment is overseen by a
				  CIRB;
(2) treatment is administered
				  by a physician in accordance with Texas Occupations Code §
											169.002
				  and the physician is certified by a CIRB to participate in the
				  program;
(3) the patient is a
				  resident of Texas; and
(4) the
				  patient or, if the patient is a minor or lacks capacity to consent, a parent,
				  guardian, or conservator, signs a written informed consent form provided by the
				  approved research program.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter E - A WOMAN'S RIGHT TO KNOW › Section 1.71 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Woman's Right to Know Act, Health and Safety Code,
					 Chapter 171, states that no person may perform an abortion without the
					 voluntary and informed consent of the woman on whom the abortion is to be
					 performed, and specifies the content of informational materials that must be
					 offered to a woman to support her informed consent. Health and Safety Code,
					 §
										171.014(d),
					 requires the Department of State Health Services to adopt rules necessary for
					 considering and making changes to the informational
					 materials.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter E - A WOMAN'S RIGHT TO KNOW › Section 1.72 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Booklet--"A
				  Woman's Right to Know Information Material" that includes certain information
				  specified in Health and Safety Code, Chapter 171.
(2) Resource Directory--"A Woman's Right to
				  Know Resource Directory" that includes a listing of programs and services
				  specified in Health and Safety Code, Chapter 171.
(3) Department--Department of State Health
				  Services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter E - A WOMAN'S RIGHT TO KNOW › Section 1.73 - Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) As required by
				  Health and Safety Code, §
										171.014(d),
				  the department will review the materials annually to determine if changes to
				  the content of the booklet are necessary.
(b) The department shall update programs and
				  services listed in the resource directory as needed and post on the Woman's
				  Right to Know website in English and Spanish.
(c) If changes are necessary to the booklet,
				  the department will propose revisions in accordance with the following methods
				  and procedures.
(1) The department shall
				  propose revisions to the booklet based on current and relevant science and
				  evidence-based literature, medical professional resources, and government
				  health and medical resources.
(2)
				  The department shall make current and relevant science and evidence-based
				  literature reviewed available upon request.
(3) The department shall also review the
				  booklet to ensure that information on available assistance and services is
				  current and that it is consistent with state and federal law.
(4) The department will notify stakeholders
				  of the annual review process through a public posting on the department's
				  Woman's Right To Know website and the email distribution list. The department
				  notification will include instructions on how to be added to the email
				  distribution list.
(5) The
				  department will accept and review stakeholder input, including any suggested
				  changes to the booklet, throughout the year.
(6) The proposed revisions to the booklet
				  will be posted on the department's Woman's Right To Know website and will be
				  available for stakeholder comment for 30 days. The department will consider
				  comments provided by stakeholders that pertain to the revisions being proposed
				  by the department.
(7) Revisions to
				  the booklet will be guided by peer-reviewed scientific and medical literature,
				  resources from professional medical organizations, and government health
				  sources.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter F - LICENSURE EXEMPTIONS › Section 1.81 - Recognition of Out-of-State License of a Military Service Member and Military Spouse

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this section, the definitions in Texas Occupations Code Chapter 55
				  are hereby adopted by reference. This section establishes requirements and
				  procedures authorized or required by Texas Occupations Code Chapter 55, and
				  does not modify or alter rights that may be provided under federal
				  law.
(b) This section applies to
				  all licenses and verifications issued by the Department of State Health
				  Services (department) under authority granted by the Texas Health and Safety
				  Code or Texas Occupations Code.
(c)
				  Notwithstanding any other rule, a military service member or military spouse
				  may engage in a business or occupation as if licensed in the State of Texas
				  without obtaining the applicable license in Texas, if the military service
				  member or military spouse:
(1) is currently
				  licensed in good standing by another jurisdiction that has licensing
				  requirements substantially equivalent to the requirements of a license in this
				  state;
(2) notifies the department,
				  in writing, of the military service member's or military spouse's intent to
				  practice in this state;
(3) submits
				  proof of the military service member's or military spouse's residency in this
				  state and a copy of the military service member or military spouse's military
				  identification card; and
(4)
				  receives from the department a verification letter that:
(A) the department has verified the military
				  service member's or military spouse's license in another jurisdiction;
				  and
(B) the military service member
				  or military spouse is authorized to engage in the business or occupation in
				  accordance with the Texas statutes and rules for that business or
				  occupation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter G - ALTERNATIVE LICENSING FOR MILITARY › Section 1.91 - Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For the purposes of this section, the definitions in Texas Occupations Code
				  Chapter 55 are hereby adopted by reference. This section establishes
				  requirements and procedures authorized or required by Texas Occupations Code
				  Chapter 55 and does not modify or alter rights that may be provided under
				  federal law.
(b) This section
				  applies to all licenses issued by the Department of State Health Services
				  (department) under authority granted by the Texas Health and Safety Code or
				  Texas Occupations Code.
(c)
				  Notwithstanding any other rule, a military service member, military spouse, or
				  military veteran may apply for an occupational license offered by the
				  department if the military service member, military spouse, or military
				  veteran:
(1) is currently licensed by another
				  jurisdiction that has licensing requirements substantially equivalent to the
				  requirements of a license in this state, and the license is in good standing;
				  or
(2) held the same license in
				  Texas within the preceding five years.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter H - PUBLIC HEALTH PROMOTION › Section 1.101 - Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Texas Department of Health adopts by reference a memorandum of
				  understanding entered into between the department, the Texas Department of
				  Human Services, the Texas Rehabilitation Commission, and the Texas Department
				  of Mental Health and Mental Retardation concerning the exchange and
				  distribution of public awareness information.
(b) Copies of the memorandum of understanding
				  are filed in the Public Health Promotion Division, Texas Department of Health,
				  1100 West 49th Street, Austin, Texas 78756, and may be reviewed during regular
				  business hours.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter H - PUBLIC HEALTH PROMOTION › Section 1.104 - Signs Covering the Prohibition of the Sale or Provision of Tobacco Products to a Minor under 18 Years of Age

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Health and Safety Code, §
										161.081, requires
				  that each person who sells tobacco products at retail or by vending machine
				  shall post a sign in a location that is conspicuous to all employees and
				  customers and that is close to the place at which the tobacco products may be
				  purchased. Section 161.082 also requires the Board of Health to determine the
				  design and size of the sign. To implement this provision, the Board of Health
				  has approved a sign to be placed on vending machines and a sign to be placed
				  close to a cash register or check-out stand. The design and minimum size of
				  each sign are as follows.
(1) The minimum
				  size of the sign to be posted close to the cash register or check-out stand
				  shall be 8 1/2 by 11 inches. The sign shall be printed black on goldenrod
				  colored paper or stock. The design of the sign, including wording and minimum
				  print size, shall be as shown in the replica published as follows.
Attached
					 Graphic
(2) The
				  minimum size of the sign to be posted close to the vending machine shall be
				  three by seven inches. The sign shall be printed black on goldenrod colored
				  paper or stock. The design of the sign, including wording and minimum print
				  size, shall be as shown in the replica published as follows.
Attached
					 Graphic
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter J - SERVICES TO DISABLED PERSONS › Section 1.121 - Memorandum of Understanding on the Coordination of Services to Disabled Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Health adopts by reference a memorandum of understanding entered
				  into between the Texas Department of Human Services, the Texas Department of
				  Health, the Texas Department of Mental Health and Mental Retardation, the Texas
				  Rehabilitation Commission, the Texas Commission for the Blind, the Texas
				  Commission for the Deaf, and the Texas Education Agency, concerning the
				  coordination of each agency's financial and service responsibilities in
				  relation to delivery of services to disabled persons.
(b) Copies of the memorandum of understanding
				  are filed in the office of the Associate Commissioner for Personal Health
				  Services, Texas Department of Health, 1100 West 49th Street, Austin, Texas
				  78756, and may be reviewed during regular business hours.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter K - DEFINITION, TREATMENT, AND DISPOSITION OF SPECIAL WASTE FROM HEALTH CARE-RELATED FACILITIES › Section 1.131 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to provide a definition of
					 the term "special waste from health care-related facilities (SWFHCRF)," approve
					 methods for the treatment and disposition of the waste, identify the entities
					 that are subject to the provisions of these sections, and provide for the
					 orderly application of the sections to covered entities. Although these
					 sections provide for the methods of treatment of SWFHCRF, they do not require
					 sterilization of the waste as a measure of adequate
					 treatment.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter K - DEFINITION, TREATMENT, AND DISPOSITION OF SPECIAL WASTE FROM HEALTH CARE-RELATED FACILITIES › Section 1.132 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1) Anatomical
				  remains--The remains of a human body donated for the purposes of teaching or
				  research to a medical school, a teaching hospital, or a medical research
				  facility, after the completion of the activities for which the body was
				  donated.
(2) Animal waste--Animal
				  waste includes:
(A) carcasses of animals
				  intentionally exposed to pathogens;
(B) body parts of animals intentionally
				  exposed to pathogens;
(C) whole
				  bulk blood and blood products, serum, plasma, and other blood components from
				  animals intentionally exposed to pathogens; and
(D) bedding of animals intentionally exposed
				  to pathogens.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter K - DEFINITION, TREATMENT, AND DISPOSITION OF SPECIAL WASTE FROM HEALTH CARE-RELATED FACILITIES › Section 1.133 - Scope, Covering Exemptions and Minimum Parametric Standards for Waste Treatment Technologies Previously Approved by the Texas Department of State Health Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Exemptions.
(1) Unless an item is specifically exempted,
				  all special waste from health care-related facilities must be treated as
				  provided in these sections.
(2)
				  These sections do not apply to:
(A)
				  teeth;
(B) human fetal tissue as
				  defined in the Texas Health and Safety Code, Chapter 173, and donated in
				  accordance with that chapter, and human tissue donated for research or teaching
				  purposes, with the consent of the person authorized to consent as otherwise
				  provided by law, to an institution of higher learning, medical school, a
				  teaching hospital affiliated with a medical school, or to a research
				  institution or individual investigator subject to the jurisdiction of an
				  institutional review board required by
				  42 United
				  States Code 289;
(C) placentas designated for sale and
				  obtained from a licensed hospital or a licensed birthing center;
(D) in vitro tissue cultures that have not
				  been intentionally exposed to pathogens;
(E) any material included in the definition
				  of special waste from health care-related facilities which has been sold,
				  donated, or in any way transferred from one health care-related facility to a
				  subsequent facility(s) and other entities specified in subparagraph (B) of this
				  paragraph for research or teaching purposes until it is discarded;
(F) human tissue that is expelled or removed
				  from the human body once the person is outside of a healthcare
				  facility;
(G) the remains of an
				  unintended, intrauterine fetal death required to be released to the parent of
				  an unborn child pursuant to Texas Health and Safety Code, §
												241.010;
(H) a placenta removed from a
				  hospital or birthing center pursuant to Texas Health and Safety Code, Chapter
				  172; and
(I) embryonic and fetal
				  tissue remains subject to the Texas Health and Safety Code, Chapter
				  697.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter K - DEFINITION, TREATMENT, AND DISPOSITION OF SPECIAL WASTE FROM HEALTH CARE-RELATED FACILITIES › Section 1.134 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  does not apply to embryonic and fetal tissue remains subject to Texas Health
				  and Safety Code, Chapter 697.
(b)
				  These sections apply to special waste from health care-related facilities
				  generated by the operation of the following publicly or privately owned or
				  operated health care-related facilities, including but not limited to:
(1) ambulatory surgical centers;
(2) abortion clinics;
(3) birthing centers;
(4) blood banks and blood drawing
				  centers;
(5) clinics, including but
				  not limited to medical, dental, veterinary;
(6) clinical, diagnostic, pathological or
				  biomedical research laboratories;
(7) educational institution health
				  centers;
(8) educational
				  institution research laboratories;
(9) electrolysis facilities;
(10) emergency medical services;
(11) end stage renal dialysis
				  facilities;
(12) freestanding
				  emergency medical care facilities;
(13) funeral establishments;
(14) home and community support services
				  agencies;
(15) hospitals;
(16) long term care facilities;
(17) facilities providing mental health and
				  intellectual disability services, including but not limited to hospitals,
				  schools, and community centers;
(18) minor emergency centers;
(19) occupational health clinics and clinical
				  laboratories;
(20)
				  pharmacies;
(21) pharmaceutical
				  manufacturing plants and research laboratories;
(22) professional offices, including but not
				  limited to the offices of physicians, dentists, and acupuncturists;
(23) special residential care
				  facilities;
(24) tattoo studios;
				  and
(25) veterinary clinical and
				  research laboratories.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter K - DEFINITION, TREATMENT, AND DISPOSITION OF SPECIAL WASTE FROM HEALTH CARE-RELATED FACILITIES › Section 1.135 - Performance Standards for Commercially-Available Alternate Treatment Technologies for Special Waste from Health Care-Related Facilities

Current through Reg. 49, No. 28; July 12, 2024
All manufacturers of commercially-available alternate
					 technologies, equipment, or processes designed or intended for the treatment of
					 special waste from health care-related facilities, except those meeting the
					 standards of §
										1.133(b)
					 of this title (relating to Scope, Covering Exemptions and Minimum Parametric
					 Standards for Waste Treatment Technologies Previously Approved by the Texas
					 Department of State Health Services), shall apply to the department on forms
					 prescribed by the department for approval of said technologies, equipment, or
					 processes to ensure that established performance standards are met.
(1) Levels of microbial inactivation.
(A) All laboratory evidence submitted to the
				  department for review shall be provided by a laboratory that meets the
				  standards of either the NSF International, the American Association for
				  Laboratory Accreditation, or other accrediting agencies or organizations as
				  approved by the department.
(B) All
				  manufacturers of commercially-available alternate technologies, equipment, or
				  processes designed and intended for the treatment of special waste from health
				  care-related facilities shall provide specific laboratory evidence that
				  demonstrates:
(i) inactivation of
				  representative samples of vegetative bacteria, mycobacteria,
				  lipophilic/hydrophilic viruses, fungi, and parasites at a level of 6
				  log10 reduction or greater, as determined by the
				  department; and
(ii) inactivation
				  of Bacillus stearothermophilus endospores or Bacillus subtilis endospores at a
				  level of 4 log10 reduction or greater, as determined by
				  the department.
(C) One
				  or more representative surrogate microorganisms from each microbial group shall
				  be used in treatment efficacy evaluation. The department shall determine the
				  appropriate microorganisms to serve as representative surrogate
				  microorganisms.
(D) The department
				  shall prescribe those categories (types) and percent composition of special
				  waste from health care-related facilities that present the most challenge to
				  said treatment effectiveness under normal operating conditions of the equipment
				  or process.
(E) Protocols developed
				  for efficacy testing shall incorporate, as applicable, recognized, standard
				  procedures. The protocols shall be congruent with the treatment method under
				  review. The department shall determine the specific pieces of information to be
				  provided by the manufacturer to assure a thorough evaluation of the alternate
				  treatment technology.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter K - DEFINITION, TREATMENT, AND DISPOSITION OF SPECIAL WASTE FROM HEALTH CARE-RELATED FACILITIES › Section 1.136 - Approved Methods of Treatment and Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Introduction. The following treatment and
				  disposition methods for special waste from health care-related facilities are
				  approved by the department for the waste specified. Where a special waste from
				  a health care-related facility is also subject to the sections in Chapter 289
				  of this title (relating to Radiation Control), the sections in Chapter 289
				  shall prevail over the sections in this subchapter. Disposal of special waste
				  from health care-related facilities in sanitary landfills or otherwise is under
				  the jurisdiction of the Texas Commission on Environmental Quality and is
				  governed by its rules found in 30 TAC Chapter 326 (relating to Medical Waste
				  Management) and Chapter 330 (relating to Municipal Solid Waste).
(1) Animal waste. Animal waste shall be
				  subjected to one of the following methods of treatment and disposal.
(A) Carcasses of animals intentionally
				  exposed to pathogens shall be subjected to one of the following methods of
				  treatment and disposal:
(i) steam
				  disinfection followed by deposition in a sanitary landfill;
(ii) incineration followed by deposition of
				  the residue in a sanitary landfill;
(iii) carcasses of animals intentionally
				  exposed to pathogens which are not contagious may be buried on site under the
				  supervision of a veterinarian licensed to practice veterinary medicine in the
				  State of Texas;
(iv) carcasses of
				  animals intentionally exposed to pathogens which are not contagious may be sent
				  to a rendering plant;
(v) moist
				  heat disinfection followed by deposition in a sanitary landfill;
(vi) chlorine disinfection/maceration
				  followed by deposition in a sanitary landfill; or
(vii) an approved alternate treatment process
				  followed by deposition in a sanitary landfill.