Texas Administrative Code

In cooperation with the individual's physician or other health care practitioner and within the limits of funds budgeted by the department for this purpose, the program will provide benefits such as dietary supplements, medications, vitamins, low-protein foods, and follow-up care…

(a) Except as otherwise provided for in this subchapter, to be eligible to receive the benefits from the program referenced in § 37.60 of this title (relating to Newborn Screening Program Benefits), an individual must: (1) have an abnormal screening result (pending confirmation o…

(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…

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) A physician, health care practitioner, health authority, birthing facility, or other individual who has the information of a confirmed case of a disorder for which a screening test is required, shall report a confirmed case to the department. (b) Confirmed case information mu…

(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) 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…

These sections implement the provisions of Health and Safety Code, Chapter 87, that provides the authority to adopt rules relating to the surveillance and control of birth defects. The legislation directs the Texas Department of Health to develop a statewide surveillance program.…

(a) The Texas Department of Health adopts by reference U.S. Department of Health, Education and Welfare regulations on intrauterine contraceptive devices published in 21 Code of Federal Regulations, Chapter I, Part 310, §310.502, "Intrauterine devices for human use for the purpos…

(a) The department or its designee(s) shall request inpatient facilities to report to the department their self-designations as basic, specialty, or subspecialty perinatal care facilities. Designations shall be self-reported by facilities based upon the standards and guidelines i…

(a) Annually the department shall provide each perinatal resource coordinating group (PRCG) with: (1) information pertaining to the population of women of child-bearing age and infants within its perinatal planning area (PPA), including: (A) neonatal mortality rate, postneonatal …

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…

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.

(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…

(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 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 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) 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…

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…

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 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 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…

(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 mechanisms submitted for compliance with this chapter must be worded as they appear in Subchapter D or G of this chapter (relating to Wording of the Mechanisms for Closure, Post Closure, and Corrective Action or Wording of the Mechanisms for Liability). The executive director…

A corporate guarantee for reclamation or restoration, as specified in § 37.9235 of this title (relating to Corporate Guarantee Requirements), must be worded as specified in the Corporate Guarantee in this section, except that the instructions in parenthesis are to be replaced wit…

(a) An owner or operator may satisfy the requirements of financial assurance for reclamation or restoration by obtaining a written guarantee, hereafter referred to as "corporate guarantee," which conforms to the requirements of this subchapter. (b) The guarantor shall be the dire…

A letter from the chief financial officer for restoration or reclamation, as specified in § 37.9225 of this title (relating to Financial Test Requirements), must be worded as specified in the Financial Test in this section, except that the instructions in parenthesis are to be re…

(a) An owner or operator may satisfy the requirements of financial assurance by establishing a financial test that conforms to the requirements of this subchapter. (b) To pass this test, the owner or operator must meet the criteria of either paragraph (1) or (2) of this subsectio…

A certificate of insurance for reclamation or restoration, as specified in § 37.9215 of this title (relating to Insurance Requirements), must be worded as specified in the Certificate of Insurance in this section, except that the instructions in parenthesis are to be replaced wit…

An irrevocable standby letter of credit for reclamation or restoration, as specified in § 37.9205 of this title (relating to Irrevocable Standby Letter of Credit Requirements), must be worded as specified in the Irrevocable Standby Letter of Credit in this section, except that th…

(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) 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 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 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 certificate of insurance for commercial liability, as specified in § 37.9100 of this title (relating to Commercial Liability Insurance), must be worded as specified in the Certificate of Insurance for Commercial Liability in this section, except that the instructions in parenth…

Upon written request of the responsible person, the executive director shall provide written consent to termination of the insurance coverages described in this subchapter when: (1) a responsible person substitutes and receives approval from the executive director for alternate i…

The responsible person required by this subchapter to provide financial assurance for environmental impairment and commercial liability insurance coverage shall maintain continuous financial assurance coverage for the duration of the permit or, if corrective action is required, a…

The executive director may make a written demand for performance under the environmental impairment policy when a responsible person who is required to comply with this subchapter has failed to perform corrective action when required. Notes 30 Tex. Admin. Code § 37.9130 The provi…

When a transfer of ownership or operational control occurs, the responsible person transferring ownership or operational control shall comply with the requirements of this subchapter, until the executive director determines that the responsible person assuming the ownership or op…

This subchapter applies to all owners or operators required to provide financial assurance under Chapter 330, Subchapter Y of this title (relating to Medical Waste Management). This subchapter establishes requirements and mechanisms for demonstrating financial assurance for autom…

(a) Owners or operators required to demonstrate financial assurance for liability must comply with Subchapters A, E, F, and G of this chapter (relating to General Financial Assurance Requirements; Financial Assurance Requirements for Liability Coverage; Financial Assurance Mechan…

An endorsement to the insurance policy for closure, post closure, or corrective action, as specified in § 37.9050 (f) of this title (relating to Financial Assurance Mechanisms), must be worded as specified in the Endorsement in this section, except that the instructions in parent…

(a) An owner or operator may satisfy the requirements of a fully funded trust or standby trust fund as provided in § 37.201 of this title (relating to Trust Fund), except within 60 days following the executive director's final review and approval of closure or post closure expend…

An owner or operator required by this subchapter to provide financial assurance for closure, post closure, corrective action, and liability coverage must submit originally signed and effective financial assurance mechanisms to the executive director 60 days prior to the initial r…

Definitions for terms that appear throughout this subchapter may be found in Subchapter A of this chapter (relating to General Financial Assurance Requirements), § 336.2 of this title (relating to Definitions), and § 336.702 of this title (relating to Definitions), except the fol…

(a) Reporting. An owner or operator must submit the appropriate forms listed in § 37.875 (b) of this title (relating to Financial Assurance Recordkeeping) documenting current proof of financial assurance to the executive director: (1) within 30 days after the owner or operator id…