Texas Administrative Code

(a) This subchapter applies to a responsible person, as defined in Texas Health and Safety Code, § 361.121(a)(3) , holding or applying for a Class B sewage sludge permit under § 312.11 of this title (relating to Permits). (b) This subchapter does not apply to state or federal gov…

(a) Definitions for terms that appear throughout this subchapter are defined in Subchapter A of this chapter (relating to General Financial Assurance Requirements), § 312.8 of this title (relating to General Definitions), and Solid Waste Disposal Act, §361.121 (relating to Land A…

(a) A responsible person subject to this subchapter shall obtain and maintain a commercial liability insurance policy that must: (1) reflect the responsible person as the insured; (2) reflect total coverage of not less than $3 million per occurrence with an annual aggregate of no…

(a) A responsible person subject to this subchapter shall obtain and maintain an environmental impairment insurance policy that must: (1) reflect the responsible person as the insured; (2) reflect total coverage of not less than $3 million per occurrence with a policy limit of no…

Definitions for terms that appear throughout this subchapter may be found in Subchapter A of this chapter (relating to General Financial Assurance Requirements), as well as Chapters 328, 330, 332, and 335 of this title (relating to Waste Minimization and Recycling; Municipal Soli…

(a) As part of a Class B sewage sludge land application permit application, a responsible person subject to this subchapter must submit: (1) either a Certificate of Insurance for Commercial Liability or Endorsement for Commercial Liability as evidence of commercial liability insu…

The executive director shall determine the acceptability of the mechanisms submitted. Notes 30 Tex. Admin. Code § 37.9115 The provisions of this §37.9115 adopted to be effective October 20, 2005, 30 TexReg 6734

(a) A responsible person must notify the executive director by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming the responsible person, within ten business days after the commencement of the procee…

(a) An owner or operator may satisfy the requirements of financial assurance by obtaining a surety bond that conforms to the requirements of this subchapter and by submitting an originally signed surety bond to the executive director. (b) The surety company issuing the bond must,…

A surety bond guaranteeing payment for reclamation or restoration, as specified in § 37.9195 of this title (relating to Surety Bond Guaranteeing Payment Requirements), must be worded as specified in the Payment Bond in this section, except that the instructions in parenthesis are…

(a) An owner or operator may satisfy the requirements of financial assurance by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subchapter and submit an originally signed irrevocable standby letter of credit to the executive director. (…

(a) In addition to the requirements of this subchapter, owners and operators of recycling facilities required to demonstrate financial assurance for closure must comply with Subchapters A - D of this chapter (relating to General Financial Assurance Requirements; Financial Assuran…

(a) Newborn screening is composed of screening performed on blood specimens ("blood spot-based newborn screening") as well as that performed at the point-of-care ("point-of-care newborn screening"). This subchapter covers blood spot-based newborn screening, with two exceptions: (…

(a) A newborn hearing screening performed by a birthing facility and any related diagnostic follow-up care, provided in accordance with Texas Health and Safety Code Chapter 47 and the requirements of this subchapter, for a newborn who receives medical assistance or who is Medicai…

The purpose of these rules is to establish procedures for the administration of contracts between the Texas Department of Health and providers of early childhood intervention services which are executed under authority of the Human Resources Code, § 73.018. The Texas Department o…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise: (1) Agency--The Texas Education Agency and/or the Texas Department of Mental Health and Mental Retardation. (2) Department--The Texas Dep…

The purpose of this subchapter is to implement Texas Health and Safety Code, Chapter 37, concerning the detection of abnormal spinal curvature in children. Notes 25 Tex. Admin. Code § 37.141 The provisions of this §37.141 adopted to be effective March 21, 1986, 11 TexReg 1145; am…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Abnormal spinal curvature--An anatomic, structural deviation from the normal spinal curve, such as scoliosis or kyphosis. (2) Certif…

(a) Spinal screening is required, for all children who attend public and private schools, to detect abnormal spinal curvature. Spinal screening, conducted under this subchapter by a person who is not a licensed professional, as the term is defined in this subchapter, must be cond…

(a) The department shall reimburse the county in which an infant dies for the cost of an autopsy performed as required by Health and Safety Code, § 673.002 , only if the primary cause of death is SIDS. (b) Reimbursement by the department of all costs associated with an autopsy pe…

(a) The Texas Department of Health adopts by reference a memorandum of understanding entered into between the department and the Texas Department of Human Services, concerning a coordinated statewide family planning program in Texas. (b) Copies of the memorandum of understanding …

(a) The Texas Department of Health adopts by reference a memorandum of understanding (MOU) concerning community interagency staffing of services for multiproblem children and youth. The MOU is entered into between the Texas Department of Health, the Texas Department of Human Serv…

(a) The Texas Department of Health adopts by reference a memorandum of understanding (MOU) covering the delivery of services to persons who are deaf. The MOU is entered into between the Texas Department of Health and the Texas Commission for the Deaf. (b) Copies of the MOU are fi…

The Texas Department of Health adopts by reference 42 Code of Federal Regulations Chapter 1, Part 51a, (Grants for Maternal and Child Health and Crippled Children's Services). Notes 25 Tex. Admin. Code § 37.2 The provisions of this §37.2 adopted to be effective January 1, 1976.

The purpose of these sections is to establish the procedures and standards for the implementation of a statewide system for perinatal health care that fosters: (1) safe, quality, risk-appropriate perinatal care for women and for their infants; (2) continuity and comprehensiveness…

(a) The department, recognizing the sensitive and confidential nature of information collected regarding birth defects and their possible causes, expects all staff to carry out all duties in a professional, compassionate, and culturally sensitive manner. (b) The department shall …

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Birth defect--A physical or mental functional deficit or impairment in a human embryo, fetus, or newborn resulting from one or more g…

(a) Reports, records, and other information collected by, or provided to the department relating to persons known to have, or suspected of having a birth defect are confidential records and not public information and may not be released except as described in subsection (b) of th…

(a) The central registry shall use a birth defects coding scheme used by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service in their birth defects monitoring programs. (b) In order for information related to a child to be included in t…

(a) An application for access to any confidential data elements for individual patients identified as part of the operation of the central registry must contain a protocol and be submitted to the program manager. The protocol shall explain the applicant's "valid scientific intere…

The purpose of these sections is to implement the provisions of Texas Health and Safety Code, Chapter 88 which provides the Executive Commissioner of the Health and Human Services Commission with the authority to adopt rules relating to the reporting of child blood lead levels an…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Certified lead risk assessor--A person certified by the department to conduct lead risk assessments, inspections, and lead-hazard scr…

(a) To be eligible for an environmental lead investigation, the child's elevated blood lead level(s) must meet the most recent criteria for environmental investigation issued by the Centers for Disease Control and Prevention of the United States Public Health Service. (b) The req…

(a) Eligibility Criteria for Environmental Lead Investigation. (1) The eligibility criteria for an environmental lead investigation shall be as stated on the department's Form Pb-101, Request for Environmental Lead Investigation or equivalent. (2) A city, health district, or loca…

(a) The committee. The Maternal Mortality and Morbidity Review Committee (MMMRC) is appointed under and governed by this subchapter. The MMMRC is established under Texas Health and Safety Code (THSC) §§34.001 - 34.018. (b) Purpose. The MMMRC studies cases of pregnancy-related dea…

(a) The committee. The State Child Fatality Review Team Committee (committee) is appointed under and governed by this section. The committee is established under Texas Family Code, §§ 264.501 - 264.515 . (b) Purpose. The purpose of the committee is to reduce the number of prevent…

The purpose of this subchapter is to describe the newborn hearing screening process administered by the Department of State Health Services pursuant to Texas Health and Safety Code Chapter 47 to ensure all babies born in Texas receive a hearing screening, proper intervention, and…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Birthing facility: (A) a hospital licensed under Texas Health and Safety Code Chapter 241 that offers obstetrical services; (B) a bi…

(a) The birthing facility shall inform the parents during admission that: (1) the facility is required by law to screen a newborn or infant for hearing loss; and (2) the parents may decline the screening. (b) The birthing facility is responsible for obtaining and documenting, dur…

(a) A screening test for CCHD using pulse oximetry must be performed at a birthing facility that provides care to newborn patients except as described in § 37.77 of this title (relating to Exemption from Screen). If another U.S. Federal Drug Administration approved instrument is …

The newborn screening test for CCHD referenced in § 37.78 of this title (relating to Test Procedures and Standards) is not required for a newborn under the following conditions: (1) the parent declines the screening; (2) the newborn is transferred to another facility before the s…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Birthing facility--An inpatient or ambulatory health care facility that offers obstetrical or newborn care services. The term includ…

This subchapter implements Texas Health and Safety Code, Chapter 33, administered by the Department of State Health Services (department), associated with conducting point-of-care newborn screening for critical congenital heart disease (CCHD). Newborns delivered in the state must…

The scope of matters on which the Newborn Screening Advisory Committee may legally submit recommendations to the department is as follows: (1) potential additional newborn screening tests under Texas Health and Safety Code, § 33.011(a-1) for other disorders or conditions listed u…

(a) The department shall: (1) maintain the TEHDI MIS; (2) certify newborn hearing screening programs, as described by program protocol at https://www.dshs.texas.gov/tehdi/FacilityCertRequire.aspx ; and (3) make available standardized educational resources. (b) The department may …

(a) To be considered for program benefits described in § 37.60 of this title (relating to Newborn Screening Program Benefits), a complete application must be filed annually (according to the deadlines provided by the department) with the program by mailing to the following addres…

(a) A follow-up screening provider shall: (1) perform a follow-up screening no later than 30 days after birth; (2) provide screening results to the applicable healthcare providers; (3) provide screening results and educational materials to the parents; and (4) report results in a…