ADMINISTRATION

(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 permitt…

(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…

(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 ti…

(a) The allegation and the reports, records, communications and working papers used or developed in the investigative process, including the resulting final report regarding abuse, neglect, or exploitation, are confidential and may be disclosed only as provided in the Family Code…

These rules cover the hearing procedures and practices that are available to persons or parties who request formal hearings from the department. The intended effect of these rules is to supplement the contested case provisions of the Texas Government Code, Chapter 2001, Administr…

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. Notes 25 Tex. Admin. Code …

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 con…

(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 purpo…

(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 …

(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 prov…

(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 miscel…

(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 act…

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. Not…

(a) On the written motion of any party or the Administrative Law Judge (ALJ), the department shall issue a subpoena to the appropriate process server to require the attendance of witnesses or the production of documents or other tangible evidence at the hearing. (b) There must be…

(a) For purposes of this section, default means the failure of the respondent to appear in person or by legal representative on the day and at the time set for hearing in a contested case or the failure to appear by telephone in accordance with the notice of hearing. (b) Remedies…

(a) The department requires that all public information requests be in writing, to include fax and e-mail, unless there are special circumstances. Program staff may determine whether a verbal request may be accepted. (b) The program handling the request for public information wil…

(a) Proposed findings of fact and conclusions of law. The ALJ may invite parties to file briefs. Such briefs, if solicited, may contain proposed findings of fact and conclusions of law. Findings of fact and conclusions of law submitted may be adopted by the ALJ in the proposal fo…

(a) A patient is eligible to access and use an investigational drug, biological product, or device, consistent with Texas Health and Safety Code § 490.001 , if: (1) the patient's treating physician confirms, in writing, the patient has a diagnosis of a severe chronic disease; and…

(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…

(a) Pursuant to Texas Health and Safety Code § 490.052(b) , the department adopts a written informed consent form for use by physicians and patients receiving an investigational drug, biological product, or device. A physician may use a different informed consent form if it conta…

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. Notes 25 Tex. Admin. Code § 1.401 The provisions of this §1.401 adopted to be effective August 5, 2001, 26…

(a) Authority. The Texas Department of Health (department) adopts by reference rules regarding Medicaid fair hearings adopted by the Texas Health and Human Services Commission under 1 Texas Administrative Code (TAC), Chapter 357, §§357.1, 357.3, 357.5, 357.7, 357.9, 357.11, 357.1…

(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 …

(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 medi…

(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 …

(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, 4…

(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 st…

(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 infor…

(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…

(a) Purpose. Various federal and state statutes or regulations require the Texas Department of Health (department) to establish procedures for conducting fair hearings in connection with various programs administered by the department. These hearings are not required to be conduc…

(a) Department notice. Prior to making a final decision adverse to an affected person, the appropriate department program shall give the affected person written notice of an opportunity for a hearing on the proposed action. The notice shall contain: (1) a statement of the action …

(a) Assignment of hearing examiner. When a department program receives a timely request for a hearing, the program shall within ten days after receipt, forward such request, along with other pertinent documentation relating to such request, to the Office of General Counsel for th…

(a) Testimony. The affected person shall have the opportunity to refute the basis of the proposed action, to offer oral and written testimony in the person's behalf, and to question any witnesses or appropriate department program representatives about the proposed action. The aff…

(a) Basis for decision. A decision made following a fair hearing shall be based exclusively on the evidence introduced at the hearing from the documents submitted by the affected person and the department if no oral testimony is taken. Otherwise, a decision shall be based on the …

(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 …

(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 o…

(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, e…

(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 th…

(a) One or more compassionate-use institutional review boards (CIRBs) may be established to evaluate and approve proposed research to study the medical use of low-THC cannabis, in accordance with Texas Health and Safety Code § 487.253 . (b) When seeking approval from a CIRB, the …

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 w…

(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 fa…

(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 f…

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 facilit…

The objective of these sections is to obtain a just, fair, and equitable determination of any matter within the jurisdiction of the board, the commissioner or the fire marshal. To the end that this objective may be attained with the greatest expedition and at the least expense as…

Records of hearings shall be made by shorthand, mechanical, or electronic recordings at the discretion of the presiding officer, board, the commissioner, or the fire marshal. Notes 28 Tex. Admin. Code § 1.10 The provisions of this §1.10 adopted to be effective January 1, 1976; am…

(a) With the exception enumerated in this section, each certificate or evidence of coverage and each insurance policy or contract or application that is delivered or issued for delivery in this state on or after January 1, 1990, and that is not covered by an insurance guaranty fu…

Unless the order of presentation at a hearing is otherwise directed by the presiding officer, the agency, party, or person who initiated the proceedings or its duly authorized representative shall briefly state the nature of the matter to be heard and proceed with the introductio…

(a) An actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the department may file a written protest. The protest must be addressed to the department's chief financial officer a…

(a) Upon receipt of a timely protest that conforms with this subchapter, the chief financial officer will review the protest. The chief financial officer may request written responses to the protest from any department staff and may request from department staff any and all docum…

(a) A protesting party or any other interested party who is not satisfied with the determination of the chief financial officer may appeal the determination to the commissioner. The appeal must be submitted in writing to the commissioner and received in the office of the commissi…