reglab/statecodes huggingface dataset:
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 1.137 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
The appropriate regulatory programs of the department shall
					 incorporate the definition and methodology contained in these provisions into
					 their respective general program rules and shall formulate and present for the
					 Executive Commissioner's consideration such additional rules as are necessary
					 for the internal collection, storage, handling, movement, and treatment of
					 special waste from health care-related facilities generated within or by the
					 following facilities or activities:
(1) abortion clinics;
(2) ambulatory surgical centers;
(3) birthing centers;
(4) emergency medical service
				  providers;
(5) end stage renal
				  disease facilities;
(6)
				  freestanding emergency medical care facilities;
(7) hospitals;
(8) special residential care facilities;
				  and
(9) tattoo studios.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter L - MEDICAL ADVISORY BOARD › Section 1.151 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this section,
					 shall have the following meanings, unless the text clearly indicates
					 otherwise:
(1) Applicant--An
				  individual referred by the Texas Department of Public Safety (DPS) to the
				  Medical Advisory Board (MAB) for medical review.
(2) Bureau--The Texas Department of Health,
				  Bureau of Emergency Management staff, responsible for administering MAB
				  activities.
(3) Commissioner--The
				  Commissioner of Health.
(4) DPS
				  -The Department of Public Safety.
(5) MAB--The Medical Advisory Board (MAB) is
				  the body of physicians and optometrists licensed by the State of Texas and
				  established under authority of the Health and Safety Code, §
										12.092,
				  from which a panel is to be convened when opinions are requested by the
				  DPS.
(6) MAB Chair--The Health Care
				  Quality & Standards medical consultant physician appointed by the
				  Commissioner of Health (commissioner) to chair the MAB, and to act in the
				  capacity of a MAB member.
(7) MAB
				  panel--A body of at least three MAB members, convened to review applicants and
				  provide opinions at the request of the DPS.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter L - MEDICAL ADVISORY BOARD › Section 1.152 - Operation of the Medical Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to establish the requirements governing the operation and administration of the
				  Medical Advisory Board (MAB).
(b)
				  Appointment and terms of office.
(1) The
				  present MAB is divided into four groups:
(A)
				  Group One's term will expire January 1 of even numbered years;
(B) Group Two's term will expire July 1 of
				  even numbered years;
(C) Group
				  Three's term will expire January 1 of odd numbered years; and
(D) Group Four's term will expire July 1 of
				  odd numbered years.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter N - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 1.171 - Historically Underutilized Business (HUB) Program

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Government Code, §
										2161.003, the
					 Department of State Health Services (department) adopts by reference the rules
					 of the Texas Building and Procurement Commission (TBPC) found at Title 1 Texas
					 Administrative Code §§ 111.11- 111.28 concerning the Historically
					 Underutilized Business (HUB) Program. For purposes of implementing the TBPC
					 rules at the department, references to "state agency" or "agency" shall be
					 considered to be a reference to the department. This rule applies to the
					 department's HUB program and to other state agencies for which the department
					 administers the HUB program.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter P - COMPLAINTS › Section 1.191 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  establishes the methods by which the public, consumers, and service recipients
				  can be notified of the mailing addresses and telephone numbers of appropriate
				  Texas Department of Health (department) divisions, programs, and offices for
				  the purpose of directing complaints to the department.
(b) The names, mailing addresses, and
				  telephone numbers of the appropriate department divisions, programs, and
				  offices to whom the public, consumers, and service recipients can direct
				  complaints will be included on a sign prominently displayed in the place of
				  business of each person or entity regulated by the department.
(c) For those regulated persons or entities
				  not having a place of business, written notification must be provided to the
				  clients of those persons and entities.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Q - INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF CHILDREN OR ELDERLY OR DISABLED PERSONS › Section 1.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to:
(1) define abuse or neglect of a child and
				  describe procedures for reporting and investigating in accordance with the
				  Family Code, Chapter 261; and
(2)
				  define abuse, neglect or exploitation of an elderly or disabled person and
				  describe procedures for reporting and investigating in accordance with the
				  Human Resources Code, Chapter 48.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Q - INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF CHILDREN OR ELDERLY OR DISABLED PERSONS › Section 1.202 - Application

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this undesignated head shall apply to the
					 Texas Department of Health's investigation of abuse or neglect of a child or
					 abuse, neglect or exploitation of an elderly or disabled person which occurs in
					 any facility licensed, certified, registered, or operated by the Texas
					 Department of Health.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Q - INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF CHILDREN OR ELDERLY OR DISABLED PERSONS › Section 1.204 - Abuse, Neglect, and Exploitation Defined

Current through Reg. 49, No. 28; July 12, 2024
(a) Abuse defined.
(1) Abuse of a child includes the following
				  acts or omissions by any person:
(A) mental
				  or emotional injury to a child that results in an observable and material
				  impairment in the child's growth, development, or psychological
				  functioning;
(B) causing or
				  permitting the child to be in a situation in which the child sustains a mental
				  or emotional injury that results in an observable and material impairment in
				  the child's growth, development, or psychological functioning;
(C) physical injury that results in
				  substantial harm to the child, or the genuine threat of substantial harm from
				  physical injury to the child, including an injury that is at variance with the
				  history or explanation given and excluding an accident (an unforeseen event
				  that causes or threatens physical injury despite prudent efforts to avoid the
				  risk of injury) or reasonable discipline (correction of behavior that does not
				  result in or risk substantial harm from physical injury) by a parent, guardian,
				  or managing or possessory conservator that does not expose the child to a
				  substantial risk of harm;
(D)
				  failure to make a reasonable effort to prevent an action (effort that an
				  ordinary and prudent person would take to stop an action from occurring) by
				  another person that results in physical injury that results in substantial harm
				  to the child;
(E) sexual conduct
				  harmful to a child's mental, emotional, or physical welfare;
(F) failure to make a reasonable effort to
				  prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to
				  engage in sexual conduct as defined by the Penal Code, §
												43.01 (This is met
				  whether the child actually engages in sexual conduct or simply faces a
				  substantial risk of doing so);
(H)
				  causing, permitting, encouraging, engaging in, or allowing the photographing,
				  filming, or depicting of the child if the person knew or should have known that
				  the resulting photograph, film, or depiction of the child is obscene (as
				  defined by the Penal Code) or pornographic (this is met whether or not the
				  child voluntarily participates);
(I) the current use by a person of a
				  controlled substance as defined by the Health and Safety Code, Chapter 481, in
				  a manner or to the extent that the use results in physical, mental, or
				  emotional injury to a child; or
(J)
				  causing, expressly permitting, or encouraging a child to use a controlled
				  substance as defined by the Health and Safety Code, Chapter 481.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Q - INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF CHILDREN OR ELDERLY OR DISABLED PERSONS › Section 1.205 - Reports and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Texas Department of Health (department) shall investigate allegations
				  received relating to the abuse or neglect of a child or the abuse, neglect, or
				  exploitation of an elderly or disabled person in a facility.
(b) The department will only investigate
				  reports when:
(1) the act is reported to have
				  occurred in a facility and the victim was a patient or client of the
				  facility;
(2) the act occurred away
				  from the facility but the facility was responsible for the supervision of the
				  patient or client who was the victim at the time the act allegedly
				  occurred;
(3) the act is reported
				  to have occurred in a facility and the alleged perpetrator was an owner,
				  operator, manager, employee, or agent of the facility; or
(4) the act occurred away from the facility
				  but the facility was responsible for the supervision of the alleged perpetrator
				  at the time the act occurred.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Q - INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF CHILDREN OR ELDERLY OR DISABLED PERSONS › Section 1.206 - Completion of Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After receiving an allegation which the Texas Department of Health (department)
				  determines is appropriate for investigation, the department's investigator
				  shall finish an investigation within:
(1) 14
				  days if the child or elderly or disabled person is in the facility at the time
				  the department receives the allegation;
(2) 60 days for all other allegations;
				  or
(3) the time period set by an
				  extension granted to the investigator by his or her supervisor.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.221 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to establish the rules
					 governing the relationship between the department and its officers and
					 employees with private donors and with private organizations which exist to
					 further the duties and purposes of the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.222 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Commissioner--The
				  commissioner of the Texas Department of Health.
(2) Department--The Texas Department of
				  Health.
(3) Donation--A
				  contribution of anything of value (financial or in-kind gifts such as goods or
				  services) given to the department for public health purposes or to a private
				  organization which exists to further the duties or functions of the department.
				  The department may not accept donations of real property (real estate) without
				  the express permission and authorization of the legislature.
(4) Employee--A regular, acting, exempt,
				  full-time or part-time employee of the department.
(5) Private donor--One or more persons or
				  private organizations which give a donation to the department for public health
				  purposes or to a private organization which exists to further the duties and
				  purposes of the department.
(6)
				  Private organization--A private organization which exists to further the
				  purposes and duties of the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.223 - Donations by Private Donors to the Texas Department of Health

Current through Reg. 49, No. 28; July 12, 2024
(a) A private donor
				  may make donations to the department to be spent for specified or unspecified
				  public health purposes, including the enforcement of public health laws. If the
				  donor specifies the public health purpose, the department must expend the
				  donation only for that purpose.
(b)
				  All donations shall be expended in accordance with the provisions of the state
				  Appropriations Act and shall be deposited in the state treasury unless exempted
				  by specific statutory authority. All donations of value of $500 or more shall
				  be accepted in accordance with Government Code, Chapter 575.
(c) All donations will be coordinated through
				  the commissioner.
(d) The
				  department may not transfer a private donation to a foundation or
				  private/public development fund without specific written permission from the
				  donor and the written approval of the commissioner or his designee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.224 - Donations by a Private Donor to a Private Organization Which Exists To Further the Purposes and Duties of the Texas Department of Health

Current through Reg. 49, No. 28; July 12, 2024
(a) A private donor may make donations to a
				  private organization which exists to further the purposes and duties of the
				  department.
(b) The private
				  organization shall administer and use the donation in accordance with the
				  provisions in the memorandum of understanding between the private organization
				  and the department, as described in §
										1.226(c)
				  of this title (relating to the Relationship between a Private Organization and
				  the Texas Department of Health).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.225 - Organizing a Private Organization Which Exists To Further the Duties and Purposes of the Texas Department of Health

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner and the membership of a
				  private organization covered by these sections may cooperatively appoint a
				  board of directors for the organization. The commissioner may be a non-voting
				  member. Department employees or their family members may hold office and vote
				  provided there is no conflict of interest in accordance with all federal and
				  state laws and department policies.
(b) As an alternative to the method described
				  in subsection (a) of this section, the private organization may decide not to
				  have its board cooperatively appointed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.226 - Relationship between a Private Organization and the Texas Department of Health

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may provide to a private organization covered by these sections:
(1) fundraising and solicitation
				  assistance;
(2) staff services to
				  coordinate activities;
(3)
				  administrative and clerical services;
(4) office and meeting space;
(5) training; and
(6) other miscellaneous services as needed to
				  further the duties and purposes of the organization in support of the
				  department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.227 - Standards of Conduct between Texas Department of Health Employees and Private Donors

Current through Reg. 49, No. 28; July 12, 2024
(a) A department
				  officer or employee shall not accept or solicit any gift, favor, or service
				  from a private donor that might reasonably tend to influence his/her official
				  conduct.
(b) An officer or employee
				  shall not accept employment or engage in any business or professional activity
				  with a private donor which the officer or employee might reasonably expect
				  would require or induce him/her to disclose confidential information acquired
				  by reason of his/her official position.
(c) An officer or employee shall not accept
				  other employment or compensation from a private donor which would reasonably be
				  expected to impair the officer's or employee's independence of judgment in the
				  performance of his/her official position.
(d) An officer or employee shall not make
				  personal investments in association with a private donor which could reasonably
				  be expected to create a substantial conflict between the officer's or
				  employee's private interest and the interest of the department.
(e) An officer or employee shall not solicit,
				  accept, or agree to accept any benefits for having exercised his/her official
				  powers on behalf of a private donor or performed his official duties in favor
				  of private donor.
(f) An officer or
				  employee who has policy direction over the department and who serves as an
				  officer or director of a private donor shall not vote on any measure, proposal,
				  or decision pending before the private donor if the department might reasonably
				  be expected to have an interest in such measure, proposal, or
				  decision.
(g) An officer or
				  employee shall not authorize a private donor to use property of the department
				  unless the property is used in accordance with a contract or memorandum of
				  understanding between the department and the private donor, or the department
				  is otherwise compensated for the use of the property.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter R - STANDARDS FOR CONDUCT GOVERNING THE RELATIONSHIP BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND PRIVATE DONORS AND PRIVATE ORGANIZATIONS › Section 1.228 - Miscellaneous

Current through Reg. 49, No. 28; July 12, 2024
The relationship between a private donor and a private
					 organization and the department, including fundraising and solicitation
					 activities, is subject to all applicable federal and state laws, rules and
					 regulations, and local ordinances governing each entity and its
					 employees.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter T - FAILURE TO PAY CHILD SUPPORT › Section 1.301 - Suspension of License for Failure to Pay Child Support

Current through Reg. 49, No. 28; July 12, 2024
(a) This section implements the provisions of
				  the Family Code, Chapter 232, Suspension of License for Failure to Pay Child
				  Support, as added by Acts 1995, 74th Legislature, Chapter 751, §85 (House
				  Bill 433). The term "order" refers only to an order issued by a court or Title
				  IV-D agency under that law.
(b)
				  This section applies to any program within the Texas Department of Health
				  (department) which issues licenses. A "license" means a license, certificate,
				  registration, permit, or other authorization issued by the department that:
(1) is subject before expiration to
				  suspension, revocation, forfeiture, or termination by the department;
				  and
(2) a person must obtain to
				  practice or engage in a particular business, occupation, or profession or to
				  engage in any other regulated activity.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter U - ASSIGNMENT AND USE OF AGENCY VEHICLE IN THE STATE VEHICLE FLEET MANAGEMENT PLAN › Section 1.401 - The Assignment and Use of Agency Vehicles in the State Vehicle Fleet Management Plan

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Health (department) adopts by
					 reference the state statute, Texas Government Code, §
										2171.1045,
					 concerning the assignment and use of agency vehicles.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter V - ADULT STEM CELLS › Section 1.451 - Purpose and Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section implements Title 12, Health and Safety Code, Chapter
				  1003.
(b) Autologous Adult Stem
				  Cells are cells taken from a person to be transplanted into that same
				  person.
(c) Autologous Adult Stem
				  Cell Bank is any facility that stores autologous adult stem cells for use in
				  treatment or research.
(d) An
				  entity should apply the following criteria when establishing or operating an
				  autologous adult stem cell bank in this state.
(e) The governing body:
(1) shall be responsible for the
				  organization, management, control, staffing, and operation of the
				  facility;
(2) shall be formally
				  organized in accordance with a written constitution and bylaws, which clearly
				  set forth the organizational structure and responsibilities; and
(3) shall adopt, be responsible for, and
				  ensure that operating and ethics policies and procedures are implemented and
				  enforced.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter V - ADULT STEM CELLS › Section 1.461 - Investigational Stem Cell Treatments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Medical conditions that may be eligible for investigational stem cell
				  treatments pursuant to the Health and Safety Code, Chapter 1003 must affect one
				  or more body system.
(b) The
				  medical condition identified by the patient's treating physician documented in
				  the patient's medical record is a medical condition that is the subject of an
				  investigational stem cell treatment approved and overseen by an institutional
				  review board that is affiliated with:
(1) a
				  medical school as defined by the Education Code, § 61.501; or
(2) a hospital licensed under the Health and
				  Safety Code, Chapter 241 that has at least 150 beds.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter V - ADULT STEM CELLS › Section 1.462 - Informed Consent for Investigational Stem Cell Treatment

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Health and Safety Code, §
										1003.054(c),
				  the Department of State Health Services adopts a written informed consent form
				  for use by physicians administering and patients receiving investigational stem
				  cell treatment under Texas Health and Safety Code, Chapter 1003, Subchapter B.
				  The informed consent form is available on the Department of State Health
				  Services website at www.dshs.texas.gov/chronic/.
(b) The physician shall obtain any additional
				  written informed consent required to comply with other laws or rules
				  established by Texas Health and Safety Code, Chapter 1003.
(c) The informed consent form must be
				  maintained in the patient's medical record.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter W - PRIVACY POLICY › Section 1.501 - Privacy of Health Information under the Health Insurance Portability and Accountability Act of 1996

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) The purpose of this section is to inform
				  individuals of the department's privacy practices and establish department
				  procedures to allow individuals to exercise their rights under the federal
				  Standards for Privacy of Individually Identifiable Health Information, 45 Code
				  of Federal Regulations (C.F.R.) Parts 160 and 164, which were promulgated to
				  implement the Health Insurance Portability and Accountability Act of 1996
				  (HIPAA).
(2) The department is a
				  hybrid entity as that term is defined in
				  45
				  C.F.R. §164.103. The department has
				  designated its health care components in accordance with
				  45 C.F.R.
				  §164.105(a)(2)(iii)(C).
				  Unless otherwise specified, this section applies only to the designated health
				  care components within the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter W - PRIVACY POLICY › Section 1.502 - Protecting the Confidentiality of Protected Health Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to all programs and offices within the department which
				  have been designated as health care components.
(b) Other laws. The department may be
				  authorized or required by certain state and federal laws to collect, use and
				  disclose PHI. Each statute or rule that authorizes or requires the department
				  to collect, use, and disclose PHI, makes this information confidential under
				  certain circumstances. The department shall comply with all applicable
				  confidentiality provisions and collect, use, and/or disclose PHI in accordance
				  with applicable state and federal law.
(c) Complaints. An individual who believes
				  the department has failed to comply with a state or federal confidentiality law
				  may file a complaint with the program or office within the department that the
				  person alleges has violated the law or with the DSHS Privacy Officer using the
				  contact information contained in §
										1.501(i)(2)(A)
				  of this title (relating to Privacy of Health Information under the Health
				  Insurance Portability and Accountability Act of 1996).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter W - PRIVACY POLICY › Section 1.503 - Individual's Right to Correction of Incorrect Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to correction. An individual who
				  believes that the information collected by and in the possession of the
				  department on a form or through electronic media is incorrect has a right to
				  have the department correct the information. The individual has no right to
				  change information that was correct when submitted, but is no longer correct.
				  An individual cannot request a change on a form that is submitted by another
				  individual, except when he or she has legal authority to act on behalf of the
				  other individual.
(b) Submittal of
				  request. The individual must submit the correction request in writing to the
				  program within the department that is in possession of the information. The
				  program may be identified by correspondence received by the individual from the
				  department, a request for public information from the individual, or the
				  program to whom the form was submitted by the individual.
(c) Requirements for correction requests. The
				  correction request must:
(1) specifically
				  identify the program where the records are located and include the document
				  name, and if known, the page and paragraph;
(2) specifically identify the information
				  which the individual believes is incorrect;
(3) provide the department with sufficient
				  information to establish that the information is incorrect and was incorrect at
				  the time it was submitted by the individual; and
(4) provide the correct
				  information.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter W - PRIVACY POLICY › Section 1.504 - Correction Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Acknowledgement. The program within the department shall provide an
				  acknowledgement of receipt of the correction request to the requesting
				  individual within 10 days from the receipt of the request.
(b) Review of request. The program with
				  custody and control of the information shall review the information identified
				  by the individual as incorrect and determine whether the information is in fact
				  incorrect in the department's record.
(1) If
				  the department determines that the information is incorrect in an electronic
				  record or form, an individual with authority to access the information shall
				  enter the correction into the record by electronic media, at or near the place
				  where the incorrect information appears with the date, reason for the
				  correction, by whom the correction was requested, and by whom the correction
				  was made.
(2) If the department
				  determines that the information is incorrect in a paper record or form, an
				  individual with authority to access the information shall insert the
				  information as submitted by the individual requesting the correction, along
				  with an entry of the date, and the name of the individual inserting the
				  correction.
(3) If the department
				  determines that the information is correct, no correction shall be made to the
				  information, and no entry of the request for correction shall be made in the
				  department's record.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter X - POSTING OF FINAL ENFORCEMENT ACTIONS › Section 1.551 - Posting Final Enforcement Action Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope of subchapter.
(1) Each final enforcement action taken by
				  the Texas Board of Health, the Commissioner of Health, or his designee, against
				  a person or facility regulated by the Texas Department of Health (department)
				  shall be published on the department Internet website in accordance with this
				  subchapter.
(2) Final enforcement
				  actions include imposition of a reprimand, period of probation, monetary
				  penalty, condition on a person's continued practice or a facility's continued
				  operation, refusal to license, refusal to renew, suspension, probation, or
				  revocation of a license.
(3) Except
				  to the extent that the information is specifically made confidential by state
				  or federal law, regulatory programs will publish the name, including any trade
				  name, of the person or facility against which an enforcement action was taken,
				  the nature of the violation that the person or facility was found to have
				  committed, or allegedly committed, and the sanction imposed.
(4) The information shall be published so
				  that a complainant cannot be identified.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter X - POSTING OF FINAL ENFORCEMENT ACTIONS › Section 1.552 - Posting Final Enforcement Actions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. In order to facilitate public access to public information, each final
				  enforcement action shall be published on the department Internet website in
				  accordance with this subchapter.
(b) Posting.
(1) All final enforcement actions shall be
				  posted within 10 working days of the date the action is final on the web page
				  of the appropriate program, in the format provided by department
				  policy.
(2) Assurances of voluntary
				  compliance or orders signed by a court arising from referrals by the department
				  regulatory programs shall be posted within 10 working days of the date of the
				  order on the web page of the appropriate program, in the format provided by
				  department policy.
(3) Final
				  enforcement actions and court orders shall continue to be posted for a minimum
				  of one year or until the end of any probationary term or period of deferment,
				  whichever is longer.
(4) Final
				  enforcement actions and court orders must be updated at least quarterly with
				  the most current information.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter X - POSTING OF FINAL ENFORCEMENT ACTIONS › Section 1.553 - Annual Analysis and Trends

Current through Reg. 49, No. 28; July 12, 2024
(a) Analysis.
(1) Each program shall publish an annual
				  analysis of its final enforcement actions based on the information from the
				  previous state fiscal year. The analysis shall be posted on the program's
				  website by November 1 of each year.
(2) The analysis shall, at a minimum,
				  encompass each profession, industry, or type of facility regulated by that
				  program.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Y - ADVERSE LICENSING, LISTING, OR REGISTRATION DECISIONS › Section 1.601 - Decisions Based on Interagency Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope of subchapter. In accordance with
				  Health and Safety Code, Chapter 531, this subchapter applies to the final
				  licensing or registration decisions of the Department of State Health Services
				  (department) that resulted in a final order that was not reversed on appeal,
				  for the following persons or entities regulated under the Health and Safety
				  Code:
(1) a youth camp licensed under Chapter
				  141;
(2) a hospital licensed under
				  Chapter 241;
(3) a special care
				  facility licensed under Chapter 248;
(4) a chemical dependency treatment facility
				  licensed under Chapter 464; and
(5)
				  a mental hospital or mental health facility licensed under Chapter
				  577.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Z - VACCINE PREVENTABLE DISEASE POLICY › Section 1.701 - 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) Covered
				  individual--
(A) an employee of the health
				  care facility;
(B) an individual
				  providing direct patient care under a contract with a health care facility;
				  or
(C) an individual to whom a
				  health care facility has granted privileges to provide direct patient
				  care.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Z - VACCINE PREVENTABLE DISEASE POLICY › Section 1.702 - Vaccine Preventable Diseases Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) Each health care facility shall develop,
				  implement, and enforce a policy and procedures to protect its patients from
				  vaccine preventable diseases.
(b)
				  The policy must:
(1) require covered
				  individuals to receive vaccines for the vaccine preventable diseases specified
				  by the facility based on the level of risk the individual presents to patients
				  by the individual's routine and direct exposure to patients;
(2) specify the vaccines a covered individual
				  is required to receive based on the level of risk the individual presents to
				  patients by the individual's routine and direct exposure to patients;
(3) include procedures for verifying whether
				  a covered individual has complied with the policy;
(4) include procedures for a covered
				  individual to be exempt from the required vaccines for the medical conditions
				  identified as contraindications or precautions by the federal Centers for
				  Disease Control and Prevention;
(5)
				  for a covered individual who is exempt from the required vaccines, include
				  procedures the individual must follow to protect facility patients from
				  exposure to disease, such as the use of protective medical equipment, such as
				  gloves and masks, based on the level of risk the individual presents to
				  patients by the individual's routine and direct exposure to patients;
(6) prohibit discrimination or retaliatory
				  action against a covered individual who is exempt from the required vaccines
				  for the medical conditions identified as contraindications or precautions by
				  the federal Centers for Disease Control and Prevention, except that required
				  use of protective medical equipment, such as gloves and masks, may not be
				  considered retaliatory action for purposes of this section;
(7) require the health care facility to
				  maintain a written or electronic record of each covered individual's compliance
				  with or exemption from the policy; and
(8) include disciplinary actions the health
				  care facility is authorized to take against a covered individual who fails to
				  comply with the policy.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Z - VACCINE PREVENTABLE DISEASE POLICY › Section 1.703 - Disaster Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				  section, "public health disaster" has the meaning assigned by the Health and
				  Safety Code, §
										81.003.
(b) During a public health disaster, a health
				  care facility may prohibit a covered individual who is exempt from the vaccines
				  required in the policy developed by the facility under §
										1.702
				  of this title (relating to Vaccine Preventable Diseases Policy) from having
				  contact with facility patients.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Z - VACCINE PREVENTABLE DISEASE POLICY › Section 1.704 - Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
A health care facility that violates this subchapter is
					 subject to enforcement action by the department, including but not limited to
					 imposition of administrative penalties, in the same manner, to the same extent,
					 and pursuant to the same procedures, as if the health care facility had
					 violated a provision of the applicable chapter of the Health and Safety Code or
					 department rules as follows:
(1) for
				  hospitals, Health and Safety Code, Chapter 241, and 25 Texas Administrative
				  Code (TAC), Chapter 133;
(2) for
				  ambulatory surgical centers, Health and Safety Code, Chapter 243, and 25 TAC,
				  Chapter 135;
(3) for birthing
				  centers, Health and Safety Code, Chapter 244, and 25 TAC, Chapter
				  137;
(4) for abortion facilities,
				  Health and Safety Code, Chapter 245, and 25 TAC, Chapter 139;
(5) for special care facilities, Health and
				  Safety Code, Chapter 248, and 25 TAC, Chapter 125;
(6) for end stage renal disease facilities,
				  Health and Safety Code, Chapter 251, and 25 TAC, Chapter 117; and
(7) for freestanding emergency medical care
				  facilities, Health and Safety Code, Chapter 254, and 25 TAC, Chapter
				  131.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 2 - EMERGENCY PREPAREDNESS › Section 2.1 - Preparedness Coordinating Council

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The Preparedness Coordinating Council (PCC).
(1) The PCC shall be appointed under and
				governed by this section.
(2) The
				PCC is established under the Health and Safety Code, §
										11.016,
				which authorizes the Health and Human Services Commission (commission) to
				establish advisory committees and Title
				42 United States Code
				§247d -
				3a(b) which
				requires an advisory committee (or similar mechanism) to obtain input on
				preparedness planning.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 3 - MEMORANDUMS OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 3.31 - Memorandum of Understanding between the Texas Department of Criminal Justice, Texas Commission for the Blind, Texas Commission for the Deaf and Hard of Hearing, Texas Rehabilitation Commission, Texas Department of Human Services, and the Texas Department of Health

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Health
				(department) adopts by reference a memorandum of understanding (MOU) between
				the Texas Department of Criminal Justice, Texas Commission for the Blind, Texas
				Commission for the Deaf and Hard of Hearing, Texas Rehabilitation Commission,
				and Texas Department of Human Services. The MOU contains the agreement required
				by Texas Health and Safety Code, Chapter 614, §614.015, to establish the
				respective responsibilities of these agencies to institute a continuity of care
				and service program for offenders in the criminal justice system who are
				physically disabled, terminally ill, or significantly ill.
(b) The MOU is adopted by rule in 37 Texas
				Administrative Code §159.5(a).
(c) The effective date of the MOU, with
				respect to the department, is the same as the effective date of this
				section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 3 - MEMORANDUMS OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 3.41 - Memorandum of Understanding Concerning Special Education Services to Students with Disabilities in Residential Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Health
				(department) adopts by reference a memorandum of understanding (MOU) between
				the Texas Education Agency, Texas Department of Mental Health and Mental
				Retardation, Texas Department of Health, Texas Department of Protective and
				Regulatory Services, Texas Commission on Alcohol and Drug Abuse, Texas Juvenile
				Probation Commission, Texas Youth Commission, Interagency Council on Early
				Childhood Intervention, and the Texas Department of Human Services. The MOU
				contains the agreement required by Texas Education Code, Chapter 29,
				§29.012, to establish the respective responsibilities of these agencies
				for the provision of a free appropriate public education for children with
				disabilities who reside in facilities operated or regulated by the
				agencies.
(b) The MOU is adopted by
				rule in 19 Texas Administrative Code, §89.1115.
(c) The effective date of the MOU, with
				respect to the department, is the same as the effective date of this
				section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter A - PROTEST PROCEDURES FOR CERTAIN DSHS PURCHASES › Section 4.1 - Contract Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) A potential
				  contractor may protest a purchase award under the following circumstances:
(1) the purchase award was made under a
				  competitive procurement method and the protestant submitted a bid or proposal
				  that was not selected for the award; or
(2) the purchase or award was a sole source
				  or emergency procurement and the protestant was not awarded the sole source or
				  emergency procurement.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.11 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs negotiation and mediation of
					 certain contract claims against the Department of State Health Services
					 (department), pursuant to Government Code, Chapter 2260.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.12 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to the Department of State Health Services (department).
(b) This subchapter does not apply to an
				  action of the department for which a contractor is entitled to a specific
				  remedy pursuant to state or federal constitution or statute.
(c) This subchapter does not apply to a
				  contract action proposed or taken by the department for which a contractor
				  receiving Medicaid funds under that contract is entitled by state statute or
				  rule to a hearing conducted in accordance with Government Code, Chapter
				  2001.
(d) This subchapter does not
				  apply to contracts:
(1) between the department
				  and the federal government or its agencies, another state, or another
				  nation;
(2) between the department
				  and one or more units of state government;
(3) within the exclusive jurisdiction of
				  state or local regulatory bodies; or
(4) within the exclusive jurisdiction of
				  federal courts or regulatory bodies.