reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 83 - PUBLIC HEALTH IMPROVEMENT GRANTS › Subchapter A - PERMANENT FUND FOR CHILDREN AND PUBLIC HEALTH › Section 83.6 - Eligibility for Grants

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  persons shall be eligible for the grants:
(1)
				  Part I grants. Any person or other entity, public or private, except the
				  department;
(2) Part II grants. Any
				  county, municipality, public health district, other political subdivision or
				  nonprofit organization in Texas; and
(3) Part III grants. Any county,
				  municipality, public health district, or other political subdivision in
				  Texas.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 83 - PUBLIC HEALTH IMPROVEMENT GRANTS › Subchapter A - PERMANENT FUND FOR CHILDREN AND PUBLIC HEALTH › Section 83.7 - Requirements for Grants

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall specify reasonable requirements for grant applications.
(b) Applicants for grants shall submit, as a
				  part of their application, a preliminary plan that identifies a public health
				  issue and outlines strategies to evaluate the effectiveness, accessibility, and
				  quality of the essential public health services that are provided under the
				  grant to address the public health issue, and to demonstrate how the project
				  will build capacity within the community to continue to address the public
				  health issue after the project has been completed. If the applicant is awarded
				  a grant, the grant recipient will work with the department to finalize the
				  preliminary plan required in this section. The plan must, at a minimum:
(1) identify the outcomes that are intended
				  to result from the use of the grant money and establish a mechanism to measure
				  those outcomes; and
(2) establish
				  performance standards for the delivery of essential public health services and
				  a mechanism to measure compliance with those standards.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 83 - PUBLIC HEALTH IMPROVEMENT GRANTS › Subchapter A - PERMANENT FUND FOR CHILDREN AND PUBLIC HEALTH › Section 83.9 - Procedures for Grant Applications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department may specify any reasonable requirements for grant applications,
				  including, but not limited to, length, format, authentication, and supporting
				  documentation.
(b) Applications
				  that are incomplete or substantially inconsistent with the requirements of this
				  subchapter may be rejected without further consideration at the discretion of
				  the department.
(c) Applications
				  received after the closing date will not be considered, unless the closing date
				  is extended by the department.
(d)
				  Applicants will be given a minimum of 60 calendar days to file applications
				  after a request for proposals is published. Applications must be received by
				  the department on or before the closing date specified in the request for
				  proposal.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 83 - PUBLIC HEALTH IMPROVEMENT GRANTS › Subchapter A - PERMANENT FUND FOR CHILDREN AND PUBLIC HEALTH › Section 83.10 - Competitive Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each application shall be reviewed by the department for completeness,
				  relevance to the published request for proposals, adherence to department
				  policies, general quality, technical merit, and budget
				  appropriateness.
(b) The department
				  may invite an advisor or advisors to provide review and make recommendations
				  concerning the grant process. Such advisor(s) may include any number of members
				  from inside or outside the department, at the discretion of the commissioner.
				  Advisor(s) from outside the department shall receive no compensation or
				  reimbursement for expenses. No such advisor(s) shall be a current applicant for
				  a grant under any part on which the advisor(s) would be making
				  recommendations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 83 - PUBLIC HEALTH IMPROVEMENT GRANTS › Subchapter A - PERMANENT FUND FOR CHILDREN AND PUBLIC HEALTH › Section 83.11 - Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) No grant shall
				  be approved unless, in the opinion of the department:
(1) the application addresses one or more
				  essential public health services;
(2) the application includes a workable plan
				  to bring about improvements in health status that are demonstrable or
				  measurable, or the application identifies specific positive outcomes;
(3) the applicant provides a plan and method
				  for evaluating the effectiveness of the activities carried out under the grant;
				  and
(4) with regard to Part II
				  grants, the application addresses disparities in morbidity, mortality, or
				  health status in minority populations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 83 - PUBLIC HEALTH IMPROVEMENT GRANTS › Subchapter A - PERMANENT FUND FOR CHILDREN AND PUBLIC HEALTH › Section 83.12 - Project Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant
				  recipients shall execute a contract with the department. The contract shall
				  detail items such as budget, reporting requirements, general provisions for
				  department grant contracts and any other specifics that might apply to the
				  award.
(b) Grant recipients shall
				  cooperate with the department in preparing reports to the Legislature as
				  required by the Government Code, §
										403.1069.
(c) Grant recipients under Part III shall
				  cooperate with the department in preparing reports to the Legislature as
				  required by the Health and Safety Code, § 121.0067.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 83 - PUBLIC HEALTH IMPROVEMENT GRANTS › Subchapter A - PERMANENT FUND FOR CHILDREN AND PUBLIC HEALTH › Section 83.13 - Continuation Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant
				  recipients may be eligible for continuation funding. The department will
				  consider the grant recipient's accomplishments, progress toward or completion
				  of stated goals and objectives, proposal to conduct additional data analysis or
				  evaluation to enhance the impact of the project, compliance with contract
				  requirements, progress toward building the capacity or development of
				  alternative funding to continue to address the public health issue within the
				  community. Applications shall be submitted in accordance with instructions of
				  the department.
(b) The department
				  will award continuation grants after a review of applications in accordance
				  with the instructions of the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 84 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT › Section 84.1 - The State Preventive Health Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The committee. An advisory committee
				shall be appointed under and governed by this section.
(1) The name of the advisory committee shall
				be the State Preventive Health Advisory Committee (committee).
(2) The committee is established under Health
				and Safety Code, §
										11.016,
				which authorizes the Executive Commissioner of the Health and Human Services
				Commission to establish advisory committees and is required by
				42 USC
				§300w-4.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 85 - HEALTH AUTHORITIES › Subchapter A - LOCAL PUBLIC HEALTH › Section 85.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms and phrases, when used in this
					 chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1)
				  Department--Department of State Health Services.
(2) Essential public health services--As
				  defined by Texas Health and Safety Code, Chapter 121.
(3) Health authority--A physician who
				  administers state and local laws relating to public health, appointed under the
				  Local Public Health Reorganization Act, Texas Health and Safety Code, Chapter
				  121, by the governing body of a city, county, or public health
				  district.
(4) Local public health
				  entity--A local health unit, local health department, or public health
				  district.
(5) Public health
				  data--Any data relating to:
(A) the health
				  status of people, living or dead;
(B) health, including data on the extent and
				  nature of the disease, illness, disability, injury, and other aspects of
				  well-being;
(C) environmental,
				  behavioral, occupational, social, and other health hazards; and
(D) determinants of health.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 85 - HEALTH AUTHORITIES › Subchapter A - LOCAL PUBLIC HEALTH › Section 85.2 - Public Health Funding and Policy Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The committee.
(1) The Public Health Funding and Policy
				  Committee (committee) shall be appointed under and governed by this
				  section.
(2) The committee is
				  established under the Health and Safety Code, Chapter 117, which requires the
				  Commissioner of the Department of State Health Services (commissioner) to
				  establish the Public Health Funding and Policy Committee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 85 - HEALTH AUTHORITIES › Subchapter A - LOCAL PUBLIC HEALTH › Section 85.3 - Health Authorities

Current through Reg. 49, No. 28; July 12, 2024
(a) A health
				  authority must be appointed in a municipality or county that has established a
				  local health department or public health district.
(1) The director of a local health department
				  or public health district, if the director is a physician, shall be the health
				  authority within the jurisdiction of the local health department or public
				  health district.
(2) If a
				  non-physician serves as the director of a local health department or public
				  health district, the director shall appoint a physician to serve as the health
				  authority within the jurisdiction of such local health department or public
				  health district, subject to the approval of the governing body of the local
				  health department or public health district. No action is required by the
				  department to further approve the appointment.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 85 - HEALTH AUTHORITIES › Subchapter A - LOCAL PUBLIC HEALTH › Section 85.4 - Public Health Data Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) For any public health data request not
				  subject to an existing agreement with the department, the local public health
				  entity submits a request to the department using procedures posted on the
				  department's website.
(b) The local
				  public health entity must provide sufficient information in its data request
				  for the department to determine if the data will be used in the provision of
				  essential public health services.
(c) The department evaluates all requests
				  timely to ensure the requests are processed as expeditiously and consistently
				  as department resources allow.
(d)
				  Requests are evaluated on the following criteria:
(1) the public health benefit and purpose of
				  the request;
(2) the privacy of the
				  individuals whose data is requested;
(3) the management of the data by the
				  requestor, including management of public health data released to the requestor
				  in previous requests; and
(4) other
				  relevant state and federal laws regarding the confidentiality of
				  data.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements the Texas Cancer Incidence
					 Reporting Act, Health and Safety Code, Chapter 82. This legislation concerns
					 the reporting of cases of cancer for the recognition, prevention, cure or
					 control of those diseases, and to facilitate participation in the national
					 program of cancer registries established by
					 42 United States Code,
					 §§280e -
					 280e-4.
					 Nothing in this subchapter shall preempt the authority of facilities or
					 individuals providing diagnostic or treatment services to patients with cancer
					 to maintain their own cancer registries.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.3 - Who Reports, Access to Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each health care facility, clinical laboratory or health care practitioner
				  shall report to the department, by methods specified in §§
										91.4-
				  91.7
				  of this title (relating to Cancer Registry), required data from each medical
				  record pertaining to a case of cancer in its custody or under its control
				  except for cases to which subsection (d) of this section would apply.
(b) A health care facility or clinical
				  laboratory providing screening, diagnostic or therapeutic services to patients
				  with cancer shall grant the department or its authorized representative access
				  to but not removal of all medical records which would identify cases of cancer,
				  establish characteristics or treatment of cancer, or determine the medical
				  status of any identified cancer patient.
(c) A health care practitioner providing
				  diagnostic or treatment services to patients with cancer shall grant the
				  department or its authorized representative access to but not removal of all
				  medical records which would identify cases of cancer, establish characteristics
				  or treatment of cancer, or determine the medical status of any identified
				  cancer patient except for cases to which subsection (d) of this section would
				  apply.
(d) The department may not
				  require a health care practitioner to furnish data or provide access to records
				  if:
(1) the data or records pertain to cases
				  reported by a health care facility providing screening, diagnostic, or
				  therapeutic services to cancer patients that involve patients referred directly
				  to or previously admitted to the facility; and
(2) the facility reported the same data the
				  practitioner would be required to report.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.4 - What to Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Reportable
				  conditions.
(1) The cases of cancer to be
				  reported to the Texas Cancer Registry are as follows:
(A) all neoplasms with a behavior code of two
				  or three in the most current edition of the International Classification on
				  Diseases for Oncology (ICD-O) of the World Health Organization with the
				  exception of those designated by the Texas Cancer Registry as non-reportable in
				  the Cancer Reporting Handbook; and
(B) all benign and borderline intracranial
				  and central nervous system neoplasms as required by the national program of
				  cancer registries.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.5 - When to Report

Current through Reg. 49, No. 28; July 12, 2024
(a) All reports
				  shall be submitted to the department within six months of the patient's
				  admission, initial diagnosis, or treatment for cancer.
(b) Data shall be submitted no less than
				  quarterly by health care facilities with annual caseloads of 400 or less.
				  Monthly submissions are required for all other health care
				  facilities.
(c) Data shall be
				  submitted no less than quarterly by health care practitioners initially
				  diagnosing a patient with cancer and performing the in-house pathological tests
				  for that patient. Otherwise, data shall be submitted within 2 months of the
				  request to a health care practitioner by the department or its authorized
				  representative for a report or subset of a report on a patient diagnosed or
				  treated elsewhere and for whom the same cancer data has not been
				  reported.
(d) Data shall be
				  submitted no less than quarterly by clinical laboratories.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.6 - How to Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Reports of
				  cancer from health care facilities, clinical laboratories and health care
				  practitioners shall be submitted to the Texas Cancer Registry electronically
				  using a secure electronic process as defined by the department. At the request
				  and with the authorization of the applicable health care facility, clinical
				  laboratory, or health care practitioner, data may be furnished to the Texas
				  Cancer Registry through a health information exchange.
(b) The Texas Cancer Registry may accept the
				  submission of paper copies of medical records from a health care facility,
				  pathology reports from a clinical laboratory and reports or subsets of reports
				  from a health care practitioner under the following conditions.
(1) The department, or its authorized
				  representative, shall determine that such paper submissions are more expedient
				  than electronic reporting.
(2) The
				  acceptance of paper submissions from a health care facility, clinical
				  laboratory or health care practitioner shall be approved by the department or
				  its authorized representative.
(3)
				  The department, or its authorized representative, may approve acceptance of
				  paper submissions from defined groups or types of health care facilities,
				  clinical laboratories or health care practitioners.
(4) All records and reports provided to the
				  Texas Cancer Registry pursuant to this subsection must be transmitted by secure
				  means at all times to protect the confidentiality of the data.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.7 - Where to Report

Current through Reg. 49, No. 28; July 12, 2024
Data reports should be submitted to the Texas Cancer
					 Registry as specified in the Cancer Reporting Handbook.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.8 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Each health
				  care facility, clinical laboratory, or health care practitioner that reports to
				  the department, by methods specified in §§
										91.4-
				  91.7
				  of this title (relating to Cancer Registry), is considered compliant.
(b) A person will be notified in writing if
				  the person has not reported in compliance with this chapter within 30 days
				  following the end of the required monthly or quarterly reporting timeframe and
				  will be given an opportunity to take corrective action within 60 days from the
				  date of the notification letter. A second notification letter will be sent 30
				  days after the date of the original notification letter if no corrective action
				  has been taken.
(c) If a person is
				  non-compliant and takes no corrective action within 60 days of the original
				  notification letter, the department or its authorized representative may access
				  the information from the health care facility, clinical laboratory or health
				  care practitioner as provided in §
										91.3
				  of this title (relating to Who Reports, Access to Records) and report it in the
				  appropriate format.
(1) The health care
				  facility, clinical laboratory or health care practitioner shall be notified at
				  least two weeks in advance before a scheduled arrival for collection of the
				  information.
(2) A health care
				  facility, clinical laboratory or health care practitioner that knowingly or in
				  bad faith fails to furnish data as required by this chapter shall reimburse the
				  department or its authorized representative for its cost to access and report
				  the information. The costs must be reasonable, based on the actual costs
				  incurred by the department or by its authorized representative in the
				  collection of the data and may include salary and travel expenses. It is
				  presumed that a health care facility, clinical laboratory or health care
				  practitioner acted knowingly or in bad faith if it failed to take corrective
				  action within 60 days of the date of the original notification
				  letter.
(3) A health care facility,
				  clinical laboratory or health care practitioner may request the department to
				  conduct a hearing under the department's fair hearing rules to determine
				  whether reimbursement to the department is appropriate.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.9 - Confidentiality and Disclosure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to the Act, Chapter 82, §82.009, all data obtained is for the
				  confidential use of the department and the persons or entities, public or
				  private, that the department determines are necessary to carry out the intent
				  of the Act.
(b) Limited release of
				  the data is allowed by the Act, §82.008(h) and §82.009(b).
(c) Any requests for confidential or
				  statistical cancer data shall be made in accordance with §
										91.11
				  or §
										91.12
				  of this title (relating to Cancer Registry).
(d) The Texas Cancer Registry is subject to
				  state law that requires compliance with portions of the federal law and
				  regulations cited in §
										91.3(e)
				  of this title (relating to Who Reports, Access to Records). The department is
				  authorized to use and disclose, for purposes described in the Act, cancer data
				  without patient consent or authorization under
				  45
				  C.F.R §
											164.512(a)
				  relating to uses and disclosures required by law, §164.512(b)(1) and (2)
				  relating to uses and disclosures for public health activities, and
				  §164.512(i) relating to uses and disclosures for research
				  purposes.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.10 - Quality Assurance

Current through Reg. 49, No. 28; July 12, 2024
The department shall cooperate and consult with persons
					 required to comply with this chapter so that such persons may provide timely,
					 complete, and accurate data. The department will provide:
(1) reporting training, technical assistance,
				  on-site case-finding studies, and reabstracting studies;
(2) quality assessment reports to ascertain
				  that the computerized data utilized for statistical information and data
				  compilation is accurate; and
(3)
				  educational information on cancer morbidity and mortality statistics available
				  from the Texas Cancer Registry and the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.11 - Requests for Statistical Cancer Data

Current through Reg. 49, No. 28; July 12, 2024
(a) Statistical cancer data previously
				  analyzed are available upon written or oral request to the Texas Cancer
				  Registry. All other requests for statistical cancer data shall be in writing
				  and directed to: CancerData@dshs.texas.gov or Texas Cancer Registry, Mail Code
				  1928, Department of State Health Services, P.O. Box 149347, Austin, Texas
				  78714-9347.
(b) To ensure that the
				  proper data are provided, the request shall include the following information:
(1) name, address, and telephone number of
				  the person requesting the information;
(2) type of data needed and for what years
				  (e.g., lung cancer incidence rates, Brewster County, 1998 - 2002);
				  and
(3) name and address of persons
				  to whom data and billings are to be submitted (if applicable).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 91 - CANCER › Subchapter A - CANCER REGISTRY › Section 91.12 - Requests and Release of Confidential Cancer Data

Current through Reg. 49, No. 28; July 12, 2024
(a) Data requests for research.
(1) Requests for confidential cancer data
				  shall be in writing and directed to: CancerData@dshs.texas.gov or Texas Cancer
				  Registry, Mail Code 1928, Department of State Health Services, P.O. Box 149347,
				  Austin, Texas 78714-9347.
(2)
				  Written requests for confidential cancer data shall meet the submission
				  requirements of the department or its designated Institutional Review Board
				  (IRB) before release.
(3) The Texas
				  Cancer Registry may release confidential cancer data to state, federal, local,
				  and other public agencies and organizations if approved by the department or
				  its designated IRB.
(4) The Texas
				  Cancer Registry may release confidential cancer data to private agencies,
				  organizations, and associations if approved by the department or its designated
				  IRB.
(5) The Texas Cancer Registry
				  may release confidential cancer data to any other individual or entities for
				  reasons deemed necessary by the department to carry out the intent of the Act
				  if approved by the department or its designated IRB.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish rules in
				  accordance with the Health and Safety Code, Chapter 442, Donation of
				  Prescription Drugs, which creates the Prescription Drug Donation Program. Under
				  this Program, individuals may donate unused unit-dose prescription drugs to
				  participating providers, who may redistribute eligible drugs to willing
				  recipients.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  must have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Adulterated Drug or
				Device--As defined in the Texas Food, Drug and Cosmetic Act, Health and Safety
				Code, §
									431.111.
(2) Controlled Substance--As
				defined in the Health and Safety Code, §
									481.002.
(3) Department--The Department of State
				Health Services.
(4) Dispense--To
				prepare, package, compound, or label in the course of professional practice, a
				prescription drug or device for delivery to an ultimate user or the user's
				agent under a practitioner's lawful order.
(5) Donor--An individual who donates unused,
				unit-dose packaged prescription drugs under Health and Safety Code, Chapter
				442, to a participating provider.
(6) Health Care Facility--A facility that
				provides health care services to patients and maintains a pharmacy in the
				facility. The term includes the following facilities if a pharmacy is
				maintained in the facility:
(A) a general or
				special hospital as defined by Health and Safety Code, Chapter 241;
(B) an ambulatory surgical center licensed
				under Health and Safety Code, Chapter 243; and
(C) an institution licensed under Health and
				Safety Code, Chapter 242.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.3 - Participating Provider Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Participation in the Prescription Drug Donation Program by a health care
				facility or pharmacy is voluntary.
(b) To be eligible for participation in the
				Program, a participating provider must be in compliance with all applicable
				federal and state laws relating to the inspection, storage, labeling, and
				dispensing of prescription drugs and shall maintain appropriate active,
				non-restricted state-issued licenses or registrations.
(c) A participating provider electing to
				participate in the Program shall complete and return a Participating Provider
				Form prescribed by the Department and available on the Program's website,
http://www.dshs.texas.gov/pharmacy/default.shtm
,
				designating a responsible contact and verifying it meets and will comply with
				the requirements of the Program.
(d) A pharmacy or health care facility may
				withdraw from participation in the Program at any time by providing written
				notice to the Department on a Participating Provider Form prescribed by the
				Department, and available on the Program's website referenced in subsection (c)
				of this section.
(e) The
				Department shall establish and maintain an electronic database that lists each
				participating provider. The Department shall post the database on Program's
				Internet website referenced in subsection (c) of this section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.4 - Standards and Procedures for Donating or Accepting Prescription Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a) Donor
				Requirements.
(1) No drugs that require
				storage temperatures other than normal room temperature as specified by the
				manufacturer or United States Pharmacopoeia (USP) shall be donated or accepted
				as part of the Prescription Drug Donation Program. Drugs that require storage
				temperatures other than normal room temperature as specified by the
				manufacturer or USP shall not be donated or accepted because of the increased
				potential for these drugs to become adulterated.
(2) Controlled substances shall not be
				donated or accepted. Pursuant to federal and state laws, a controlled substance
				cannot be returned or reused once the drug has been dispensed to a
				patient.
(3) Drugs previously
				purchased by Medicaid shall not be donated.
(4) All donated drugs must:
(A) be approved by the Food and Drug
				Administration (FDA) and not be required to have a risk evaluation or
				mitigation strategy;
(B) be
				dispensed only by prescription;
(C)
				bear the federal legend "Rx Only" or "Caution," Federal Law Prohibits
				Dispensing Without Prescription;"
(D) be packaged into unit-dose packages;
				and
(E) be intended for human
				use.
(5) The donor must
				sign a Donor Form prescribed by the Department stating that:
(A) the donor is the owner of the donated
				prescription drug;
(B) the donated
				prescription drug has been properly stored and the tamper-evident packaging has
				not been opened or tampered with;
(C) the donated prescription drug has not
				been adulterated or misbranded; and
(D) the donor is voluntarily donating the
				prescription drug.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.5 - Standards and Procedures for Inspecting and Storing Donated Prescription Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				pharmacist employed by or under contract with the participating provider shall
				inspect donated prescription drugs to determine, to the extent reasonably
				possible in the judgement of the pharmacist, that the drugs are not adulterated
				or misbranded, are safe and suitable for dispensing, and are not ineligible
				drugs.
(b) Donated drugs may not
				be stored with non-donated inventory. When donated drugs are not inspected
				immediately upon receipt, the participating provider shall quarantine the
				donated drugs separately from all dispensing stock until the donated drugs have
				been inspected and approved for dispensing.
(c) The participating provider shall destroy
				donated non-controlled substances that are not suitable for dispensing and make
				a record of such destruction.
(d)
				The pharmacist-in-charge shall develop and implement a written procedure for
				proper management of drug recalls by the manufacturer. Such procedures shall
				include, where appropriate, contacting patients to whom the recalled drug
				products have been dispensed.
(e)
				The pharmacist-in-charge shall reasonably ensure that a recalled drug has been
				removed from inventory no more than 24 hours after receipt of the recall
				notice, and quarantined until proper disposal or destruction of the
				drug.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.6 - Standards and Procedures for Dispensing Donated Prescription Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a) Donated drugs
				may be dispensed only if the drugs are prescribed by a health care professional
				for use by an eligible recipient and are dispensed by a licensed pharmacist who
				has determined that the drugs are of an acceptable integrity.
(b) The recipient must sign a Recipient Form
				prescribed by the Department stating that the recipient:
(1) understands that the drugs are donated;
(2) accepts any risk associated
				with accidental mishandling of the drugs; and
(3) acknowledges that the donor and the
				participating provider are acting in good faith and are therefore released from
				liability.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.7 - Liability

Current through Reg. 49, No. 28; July 12, 2024
Donors and participating providers in the Prescription Drug
				  Donation Program are not criminally liable and are not subject to professional
				  disciplinary action if they act in good faith in donating, accepting, storing,
				  labeling, distributing, and dispensing prescription drugs under Health and
				  Safety Code, Chapter 442. Donors and participating providers are not civilly
				  liable for damages for bodily injury, death, or property damage that arises
				  from donating, accepting, storing, labeling, distributing, or dispensing
				  prescription drugs under the Health and Safety Code, Chapter 442, unless the
				  injury, death, or damage arises from the donor or participating provider's
				  recklessness or intentional conduct.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.8 - Handling Fee

Current through Reg. 49, No. 28; July 12, 2024
The participating provider may charge a handling fee not to
				  exceed $20.00 to a recipient to cover the costs of inspecting, storing,
				  labeling, and dispensing the donated prescription drug.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 95 - PRESCRIPTION DRUG DONATION PROGRAM › Section 95.9 - Recordkeeping Requirements for Participating Providers

Current through Reg. 49, No. 28; July 12, 2024
Records required as part of this Program shall be maintained
				  pursuant to Occupations Code, Chapter 554.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise.
(1) Blood--Human blood,
				human blood components, and products made from human blood.
(2) Bloodborne pathogens--Pathogenic
				microorganisms that are present in human blood and that can cause diseases in
				humans, and include:
(A) hepatitis B virus
				(HBV);
(B) hepatitis C virus (HCV);
				and
(C) human immunodeficiency
				virus (HIV).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.201 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) These minimum
				standards apply to a governmental unit that employs employees who:
(1) provide services in a public or private
				facility providing health care-related services, including home health care
				organizations; or
(2) otherwise
				have a risk of exposure to blood or other potentially infectious material
				containing bloodborne pathogens in connection with exposure to
				sharps.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.202 - Exposure Control Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The exposure
				control plan (plan) developed by the Department of State Health Services
				(department), is adopted as a model plan to achieve the minimum standard to
				implement Health and Safety Code, §
									81.304. The
				plan is designed to minimize exposure of employees as described in §
									96.201
				of this title (relating to Applicability) and includes policies relating to
				occupational exposure to bloodborne pathogens, training and educational
				requirements for employees, measures to increase vaccination of employees, and
				increased use of personnel protective equipment by employees.
(b) Copies of the plan are available on the
				Internet at
http://www.dshs.state.tx.us/IDCU/health/infection_control/bloodborne_pathogens/Resources.doc
or from the department's regional offices.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.203 - Minimum Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				exposure control plan (plan) is provided by the Department of State Health
				Services (department) to be analogous with Title 29 Code of Federal Regulation
				§1910.1030, Occupational Safety and Health Administration (OSHA)
				Bloodborne Pathogens Standard as specified in Health and Safety Code, §
									81.304.
(b) Employers should review the plan for
				particular requirements as applicable to their specific situation. Governmental
				units may modify the plan appropriately to their respective practice settings.
				Employers will need to include provisions relevant to their particular facility
				or organization in order to develop an effective, comprehensive exposure
				control plan specific to their facility or organization.
(c) Employers will annually review their
				exposure control plan, update when necessary, and document when
				accomplished.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.301 - Safety Recommendations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The Department of State Health Services (department) recommends that
				governmental units implement needleless systems and sharps with engineered
				sharps injury protection for employees.
(b) Waivers shall not be granted. The
				provisions in the legislation which allowed the department to grant waivers,
				has expired (Chapter 1411, 76th Legislature, §26.02).
(c) The use of a prefilled syringe that is
				approved by the Federal Food and Drug Administration may not be
				prohibited.
(d) Evaluation
				committee.
(1) At least half of the members
				of an evaluation committee established by a governmental unit to implement
				subsection (b) of this section must be employees who are health care workers
				who have direct contact with patients or provide services on a regular
				basis.
(2) Whenever possible, the
				governmental entity establishing the evaluation committee shall consider using
				committees with similar duties already in existence.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.303 - Registration Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Any device
				manufacturer desiring to register a needleless system device or sharps device
				with engineered sharps injury protection shall make written application for
				registration on forms provided by the Department of State Health Services
				(department). A separate completed application is required for each device to
				be registered. Registration application forms may be obtained from the
				Department of State Health Services, 1100 West 49th Street, Austin, Texas,
				78756.
(b) The initial application
				for device registration shall include the following information:
(1) name, model, common name, and available
				sizes of the device;
(2) premarket
				notification or approval number assigned by the U.S. Food and Drug
				Administration, unless otherwise exempted;
(3) name, mailing address, and telephone
				number of the device manufacturer;
(4) name of the contact person for the device
				manufacturer;
(5) designation as
				either a needleless system device or sharps device with engineered sharps
				injury protection;
(6) if a sharps
				device with engineered sharps injury protection, a description of the physical
				attribute(s) that effectively reduces the risk of sharps injury; and
(7) name and signature of the person
				responsible for submitting the device registration application.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.304 - Registration Fees

Current through Reg. 49, No. 28; July 12, 2024
The Department of State Health Services (department) shall
				  charge a fee to register a needleless system device or sharps device with
				  engineered sharps injury protection.
(1) An initial registration fee of $2,500
				shall be required for each device registered for a two-year period.
(2) A renewal fee of $2,000 shall be required
				for renewing the registration of each device for a two-year term.
(3) Initial and renewal registration fees
				will be assessed to cover the costs associated with the review and processing
				of device registration applications and in the administration of these sections
				and are therefore nonrefundable.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.401 - Sharps Injury Log

Current through Reg. 49, No. 28; July 12, 2024
(a) The chief
				administrative officer for each facility within a governmental unit shall
				report, as required by this section, each employee, as defined in §
									96.101(7)
				of this title (relating to Definitions), who sustains a contaminated sharps
				injury, as defined in §
									96.101(5)
				of this title. The chief administrative officer of the governmental unit may
				designate an employee for each facility within the governmental unit to serve
				as the reporting officer.
(b)
				Information concerning each contaminated sharps injury shall be recorded in a
				written or electronic sharps injury log which shall be maintained by a
				governmental unit, in accordance with Health and Safety Code, Chapter 81,
				Subchapter H, and this chapter.
(c)
				The following information must be recorded in the sharps injury log:
(1) name and address of facility where injury
				occurred;
(2) name and phone number
				of the chief administrative officer or reporting officer;
(3) date and time of the injury;
(4) age and sex of the injured
				employee;
(5) type and brand of
				sharp involved;
(6) original
				intended use of the sharp;
(7)
				whether the injury occurred before, during, or after the sharp was used for its
				original intended purpose;
(8)
				whether the exposure was during or after the sharp was used;
(9) whether the device had engineered sharps
				injury protection, as defined in §
										96.101(9)(A) and
				(B) of this title (relating to Definitions),
				and if yes, was the protective mechanism activated and did the exposure
				incident occur before, during, or after activation of the protective
				mechanism;
(10) whether the injured
				person was wearing gloves at the time of the injury;
(11) whether the injured person had completed
				a hepatitis B vaccination series;
(12) whether a sharps container was readily
				available for disposal of the sharp;
(13) whether the injured person received
				training on the exposure control plan during the 12 months prior to the
				incident;
(14) the involved body
				part;
(15) the job classification
				of the injured person;
(16) the
				employment status of the injured person;
(17) the location/facility/agency and the
				work area where the sharps injury occurred; and
(18) a listing of the implemented needleless
				systems and sharps with engineered sharps injury protection for employees
				available within the governmental entity.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.402 - Confidentiality Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				information and materials obtained or compiled by the Department of State
				Health Services (department) or an agent of the department in connection with a
				report under this chapter are confidential and not subject to disclosure under
				Government Code, Chapter 552, and not subject to disclosure, discovery,
				subpoena, or other means of legal compulsion for their release by the
				department or its agents. For the purposes of these rules, all local health
				authorities are agents for the department.
(b) The department shall make available, in
				aggregate form, the information described in Health and Safety Code §
									81.305(b)
				and this chapter, provided that the name and other information identifying the
				facility is deleted and the information is provided according to public health
				regions established by the department.
(c) All information and materials obtained or
				compiled by the department or an agent of the department in connection with
				this chapter, are considered information relating to cases or suspected cases
				of diseases or health conditions, and may be released only as allowed by Health
				and Safety Code §
									81.046.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 96 - BLOODBORNE PATHOGEN CONTROL › Section 96.501 - Waiver for Rural Counties

Current through Reg. 49, No. 28; July 12, 2024
Waivers shall not be granted. The provisions in the
				  legislation which allowed the department to grant waivers, has expired (Chapter
				  1411, 76th Legislature, §26.02).