Part I.
Texas Department of Health
Chapter 1.
Texas Board of Health
Subchapter S. Requests for Providing Public Information
The Texas Department of Health (department) proposes the repeal of
§§1.251-1.255 and new §1.251, concerning procedures for handling
requests for public information. Specifically the new section describes how
the department will handle requests for public information under the Public
Information Act, Government Code, Chapter 552 (Act). The repeal is necessary
because some of the existing language will be replaced by or clarified in
new §1.251 and other existing language will be moved into the department's
written policy on charges for records under the Act. Until September 1, 1997,
§552.2611 of the Act required that charges for public records by a State
agency be specified in rules. That section was repealed by Acts 1997, 75th
Legislature (House Bill 951); therefore, the department's rules on charges
are no longer required and charges may be addressed adequately through department
policy.
John Burlinson, Acting Chief, Bureau of Support Services, has determined
that for the first five-year period the proposed section is in effect there
will be no fiscal implications to state or local government as a result of
enforcing or administering the section as proposed.
Mr. John Burlinson has determined that for each year of the first five
years the proposed section is in effect, the public benefit will be that
staff will be able to handle public information requests more expediently;
and that the policy and procedures will be clearly stated so the public can
readily understand the time frame and the materials needed to comply with
their public information requests. There is no anticipated cost to persons
or small businesses, who may be required to comply with the section. There
will be no effect on local employment.
Comments on the proposal may be submitted to John Burlinson, Acting Chief,
Bureau of Support Services, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756, (512) 458-7720. Comments will be accepted for 30 days
following the date of publication of this proposal in the
Texas Register
.
25 TAC §§1.251-1.255
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Public Information
Act, Government Code, §552.230 which authorizes a state agency to promulgate
reasonable rules of procedure under which public information may be inspected
and copied efficiently, safely, and without delay; and Health and Safety Code,
§12.001, which provides the Board of Health with authority to adopt rules
for the performance of every duty imposed by law on the Texas Board of Health,
the Texas Department of Health, and the Commissioner of Health.
The repeal affects the Government Code, Chapter 552.
§1.251. Definitions.
§1.252. Charges for Providing Copies of Public Information.
§1.253. Access to Information Where Copies are Not Requested.
§1.254. Format for Copies of Public Information.
§1.255. Estimates and Waivers of Public Information Charges.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on April
20, 1998.
TRD-9805468
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 31, 1998
For further information, please call: (512) 458-7236
25 TAC §1.251
The new section is proposed under the Public Information Act,
Government Code, §552.230 which authorizes a state agency to promulgate
reasonable rules of procedure under which public information may be inspected
and copied efficiently, safely, and without delay; and Health and Safety
Code, §12.001, which provides the Board of Health with authority to
adopt rules for the performance of every duty imposed by law on the Texas
Board of Health, the Texas Department of Health, and the Commissioner of
Health.
The new section affects the Government Code, Chapter 552.
§1.251. Procedures for Handling Requests for Public Information.
(a)
The department requires that all public information requests
be in writing 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
will review the request and determine what records are requested; who is
requesting the records; whether inspection or actual copies of the records
are requested; and whether the requested records are open, confidential,
or partially open and partially confidential. The Office of General Counsel
is available to provide assistance in making these determinations.
(c)
To the extent possible the department will attempt to
accommodate a requestor by providing information in the format requested.
For example, if a requestor asks that information be provided on a diskette
and the requested information is electronically stored, the department should
provide the information on diskette. The department is not required to acquire
software, hardware, or programming capabilities that it does not already possess
to accommodate a particular kind of request except in accordance with the
Public Information Act (Act), §552.231.
(d)
Provision of a copy of public information in the requested
medium must not violate the terms of any copyright agreement between the department
and a third party.
(e)
The program handling the request for public information
must have the records ready for inspection or copies duplicated within 10
business days after the date the department received the request. If the program
cannot produce the public information for inspection or duplication within
10 business days after the date the department received the request, the program
will certify that fact in writing to the requestor and set a date and hour
within a reasonable time when the information will be available for inspection
or duplication.
(1)
Prior to the end of the 10 business days or the set date
and hour, if applicable, the program will notify the requestor of the estimated
costs if the costs will be over $100.
(2)
The program may require a cash deposit on requests
for copies of public information which are estimated to exceed $100. The
breakdown on deposit requirements are outlined in the department's operating
procedures relating to charges for records under the Act.
(3)
All efforts should be made to process requests as
efficiently as possible so that requested information will be provided at
the lowest possible charge.
(4)
Full disclosure must be made to the requesting party
as to how the charges were calculated.
(5)
All charges for public information in an amount of
$100 or more must be paid to the department before the public information
is actually provided to the requestor by inspection or duplication. On orders
under $100, the program staff have the option to require prepayment before
providing the information or they have the option to provide the information
to the requestor along with a specially encoded remittance envelope for return
of their payment.
(6)
If a request for information requires programming
or manipulation of data pursuant to the Act, §552.231 and the department's
policy established under that section, the time frame in this subsection
will not apply until the requestor files the written statement described
in the Act, §552.231 (d)(1) or (2). Once the written statement is filed,
the program handling the request shall comply with this subsection.
(7)
When payment is required in advance of providing
the public information, failure of the requestor to pay the costs of the
copies within 30 days of notification of the estimated costs, or a longer
period of time, if granted by the program, will be considered a withdrawal
of the request for information.
(f)
The program, at its discretion, may provide public information
without charge or at a reduced charge if the waiver or reduction of the charge
is in the public interest, because providing the copies primarily benefits
the general public, or if the cost for the collection of a charge will exceed
the amount of the charge.
(g)
The department may set the price for publications it publishes
for public dissemination or it may disseminate them free of charge. This rule
and department policy do not limit the costs of departmental publications.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April
20, 1998.
TRD-9805469
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 31, 1998
For further information, please call: (512) 458-7236
25 TAC §§103.1-103.4, 103.7, 103.8
The Texas Department of Health (department) proposes amendments
to §§103.1 - 103.4, 103.7 - 103.8, concerning the reporting and
control of traumatic brain injuries. Specifically, these amendments implement
Chapter 893 of the 75th Legislature, including traumatic brain injuries as
reportable injuries to the department. The amended sections cover purpose;
definitions; list of reportable conditions; reporting requirements; confidential
nature of case reporting; and investigations.
Specifically, the amendment to §103.1 adds traumatic brain injuries
on the list of reportable conditions. The amendment to §103.2 adds three
new definitions (health care entity, state trauma registry, and traumatic
brain injury) and amends one other (spinal cord injury). The amendment to
§103.3 adds traumatic brain injuries to the list of reportable conditions
and specifies what the reports of injuries may include. The amendment to
§103.4 clarifies the reporting requirements by specifying how submersion,
spinal cord and brain injuries are to be reported, by whom, and how often;
adds rehabilitation facilities as sentinels for spinal cord and brain injuries;
adds language requiring hospitals to report admitted cases of spinal cord
and brain injuries to the State Trauma Registry; adds language regarding
the department to provide summary data to local and regional health departments;
and adds language allowing the department to contact hospitals and rehabilitation
facilities regarding suspected cases of reportable injuries. The amendment
to §103.7 strengthens the confidential nature of case reporting to include
all information and records
related to injuries. The amendment to §103.8 adds language that provides
for joint investigations of spinal cord injuries and/or brain injuries with
the Texas Rehabilitation Commission and Texas Traumatic Brain Injury Advisory
Board.
David Zane, M.S., Director, Injury Prevention and Control Program, has
determined that for the first five year period that the sections are in effect
that there will be no fiscal implications to state or local government as
a result of enforcing and administering the sections as proposed.
David Zane has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing the sections as proposed will be improved knowledge of the prevalence
of injuries and an expanded ability to identify common causes of injuries
in Texas. There is no anticipated effect on small businesses. The economic
costs to persons who are required to comply with the sections as proposed
will be the staff time to complete reporting requirements which is approximately
15 minutes per case (estimated $2.75 per case). There will be no impact on
local employment.
Comments on the proposal may be submitted to David Zane, M.S., Director,
Injury Prevention and Control Program, Bureau of Epidemiology, Texas Department
of Health, 1100 West 49th Street, Austin, Texas 78756-3180, (512) 458-7269.
Comments will be accepted for 30 days following the date of publication of
the proposed rules in the
Texas Register
.
The amendments are proposed under the Health and Safety Code,
§92.002, which requires the Texas Board of Health (board) to adopt rules
necessary to implement the reporting of injuries; and §12.001 which
allows the board to adopt rules for the performance of every duty imposed
by law on the board, the department, and the commissioner of health.
The amendments will affect the Health and Safety Code, Chapter 92.
§103.1. Purpose.
These sections implement the Texas Injury Prevention and Control Act,
Health and Safety Code, Chapter 92,
[
§103.2. Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Board--The Texas Board of Health.
(2)
Case--A person in whom an injury is diagnosed
by a physician, medical examiner, or justice of the peace, based upon clinical
evaluation, interpretation of laboratory and/or roentgenographic findings,
and an appropriate exposure history.
(3)
Commissioner--The commissioner of the
Texas Department of Health.
(4)
Department--The Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756-3180.
(5)
Director--The director of the Texas Department
of Health, who is the commissioner.
(6)
Health authority--A physician designated
to administer state and local laws relating to public health under the Local
Public Health Reorganization Act, Health and Safety Code, Chapter 121. The
health authority, for purposes of these sections, may be the chief administrative
officer of a public health district or a local health department, or the physician
who is to administer state and local laws relating to public health.
(7)
Health care entity -
A health care entity that is capable of treating an injured person. Health
care entities include, but are not limited to, emergency medical service
providers, hospitals, and rehabilitation facilities.
(8)
Injury--Damage to the body that results
from intentional or unintentional acute exposure to thermal, mechanical,
electrical, or chemical energy, or from the absence of essentials such as
heat or oxygen.
(9)
Reportable injury--Any injury or condition
required to be reported under this chapter.
(10)
Report of an injury--The notification
to the appropriate health authority of the occurrence of a specific injury
in a human, including all information required by the rules and forms promulgated
by the Board of Health.
(11)
Spinal cord--That portion of the central
nervous system which extends from the foramen magnum to the cauda equina.
All nerve roots within the spinal canal are included.
(12)
Spinal cord injury - An acute, traumatic
lesion of the neural elements in the spinal canal, resulting in any degree
of sensory deficit, motor deficits, or bladder/bowel dysfunction. The neurologic
deficit or dysfunction can be temporary or permanent.
The following
International Classification of Diseases 9th Revision Clinical Modification
(ICD-9-CM) diagnostic codes are to be used to identify cases of spinal cord
injury: 806.0-806.9 and 952.0-953.9.
(13)
State Trauma Registry
- A statewide database which documents and integrates medical and system
information related to the provision of trauma care by health care entities.
(14)
Submersion injury--A drowning (a death
resulting from suffocation within 24 hours of submersion in water) or near-drowning
(survival for at least 24 hours after suffocation from submersion in water).
(15)
Suspected case--A case in which an injury
is suspected, but the final diagnosis is not yet made.
(16)
Traumatic brain injury
- An acquired injury to the brain, including brain injuries caused by anoxia
due to near drowning. The term does not include brain dysfunction caused by
congenital or degenerative disorders or birth trauma. The following International
Classification of Diseases 9th Revision Clinical Modification (ICD-9-CM) diagnostic
codes are to be used to identify cases of traumatic brain injury: 800.0-801.9,
803.0-804.9 and 850.0-854.1. The ICD-9-CM diagnostic code to be used to identify
traumatic brain injury caused by anoxia due to near drowning is 348.1.
§103.3. List of Reportable Injuries or Conditions.
Spinal cord injuries,
traumatic brain injuries
and submersion
injuries are reportable injuries. Reports of these injuries shall include,
but not be limited to: patient's name, address, age, gender, race/ethnicity,
name of health care facility, and name of attending physician,
and may
include patient's occupation and employer.
§103.4. Reporting Requirements.
(a)
The following persons or their designees shall report
in writing within
ten
[
(1)
a physician who diagnoses or treats a reportable injury
or a suspected case of a reportable injury; [
(2)-(3)
(No change.)
(b)
The reporting physician, medical examiner, or justice
of the peace shall make the
submersion
report in writing on a
form or forms prescribed by the Texas Department of Health (department).
(c)
A local health authority or regional health authority
shall transmit any reports of
submersion
[
(d)
Transmission of
submersion
[
(1)-(2)
(No change.)
(e)
The following entities or
their designees shall report all newly diagnosed cases or suspected cases
of spinal cord injuries and traumatic brain injuries to the department:
(1)
a physician who diagnoses or treats a spinal
cord injury or a traumatic brain injury or a suspected case of a spinal cord
injury or a traumatic brain injury;
(2)
a medical examiner;
(3)
justice of the peace;
(4)
a hospital that admits a patient with
a spinal cord injury or a traumatic brain injury or a suspected case of a
spinal cord injury or a traumatic brain injury; or
(5)
a rehabilitation facility that admits
or treats a patient with a spinal cord injury or a traumatic brain injury
or a suspected case of a spinal cord injury or a traumatic brain injury.
(f)
The reporting physician, medical
examiner, justice of the peace, or rehabilitation facility shall make the
spinal cord injury report or the traumatic brain injury report (excluding
reports of traumatic brain injuries caused by anoxia due to near drowning)
in writing on a form or forms prescribed by the department within ten working
days. A physician shall be exempt from reporting if a hospital admitted the
patient and fulfilled the reporting requirements as stated in subsection (g)
of this section.
(g)
The reporting hospital shall
report the spinal cord injury or the traumatic brain injury (excluding traumatic
brain injuries caused by anoxia due to near drowning) through electronic
transmission via modem to the department's State Trauma Registry on at least
a quarterly basis as described in Chapter 773 of the Health and Safety Code.
(h)
All entities listed in subsection
(e)(1)-(5) of this section shall report a traumatic brain injury caused by
anoxia due to near drowning as a submersion injury in the manner described
in subsections (a)-(d) of this section.
(i)
The department shall provide
annual summary data to the local and regional health authorities.
(j)
[
§103.7. Confidential Nature of Case Reporting.
(a)
All
information and records relating to injuries
[
(b)
Information or records relating to any personal injury
may not be released or made public on subpoena or otherwise, except that release
may be made:
(1)
for statistical purposes, but only if a person
and/or
health care entity
is not identified;
(2)
with the consent of each person
and health care
entity
identified in the information released; or
(3)
(No change.)
(c)
(No change.)
§103.8. Investigations.
(a)-(d)
(No change.)
(e)
When the department investigates
spinal cord injuries and traumatic brain injuries, the Texas Rehabilitation
Commission shall be informed at the earliest opportunity.
(f)
When the department investigates
traumatic brain injuries, the Texas Traumatic Brain Injury Advisory Board
shall be informed at the earliest opportunity.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April
20, 1998.
TRD-9805464
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 31, 1998
For further information, please call: (512) 458-7236
Subchapter C. Training of Animal Shelter Personnel
25 TAC §§169.61-169.65
The Texas Department of Health (department) proposes amendments
to §§169.61-169.65, concerning the training of animal shelter personnel.
Specifically, the sections cover the purpose of the sections, definitions,
types of courses, prerequisites for course attendance, and course content.
The amendments define the terms "satisfactory completion," and "animal control
officer (ACO) course," delete definitions either for clarification or because
they were already provided in the associated statute, describe the basic,
advanced, and administrative ACO courses, modify the prerequisites for course
attendance, and list the content of courses.
James H. Wright, D.V.M., M.P.V.M., Director, Zoonosis Control Division,
has determined that for each year of the first five-year period the sections
are in effect, there will be an estimated cost to state government of approximately
$400 per year as a result of copying and mailing materials for additional
administrative courses. The impact on local government would be an anticipated
savings of $2,000 per year as a result of being able to send animal shelter/control
personnel to a department administrative course, developed specifically for
those occupations, instead of a generalized administrative training course
provided by a commercial company.
James H. Wright also has determined that for each year of the first five
years that the sections will be in effect, the public health benefit as a
result of enforcing or administrating the sections would be decreases in human
exposures to rabies, animal rabies cases, animal bites, pet overpopulation,
and free-roaming animals, plus an increase in the humane treatment of animals,
by increasing the accessibility of advanced and administrative training courses
for animal shelter/control personnel through less restrictive course prerequisites.
There will be no costs to small businesses or persons required to comply with
these sections as proposed and no effect on local employment.
Written comments may be submitted to James H. Wright, D.V.M., M.P.V.M.,
Director, Zoonosis Control Division, 1100 West 49th Street, Austin, Texas
78756. Comment on the proposed rule will be accepted for 30 days following
publication in the
Texas Register
.
The amendments are proposed under the Texas Health and Safety
Code, Chapter 823, "Animal Shelters," §823.004, which provides the Texas
Board of Health (board) with the authority to prescribe standards for training
animal shelter personnel in animal health and disease control, humane care
and treatment of animals, control of animals in an animal shelter, and transportation
of animals; and §12.001, which provides the board with the authority
to adopt rules for the performance of every duty imposed by law on the board,
the department, and the commissioner of health.
The amendments affect Texas Health and Safety Code, §823.004.
§169.61. Purpose.
The purpose of these sections is to set standards and charge fees for
the training of animal shelter
and animal control
personnel as
to animal health and disease control, humane care and treatment, transportation
of animals, and the control of animals in an animal shelter.
§169.62. Definitions.
The following words and terms, when used in this
subchapter
[
[
- Any person enforcing local ordinances and/or Texas Department of Health
rules.]
[
- An entity
that legally collects, transports, keeps, or impounds stray, homeless, abandoned,
or unwanted animals.]
[
- Any person, excluding veterinarians, working in an animal shelter.]
(1)
Animal Control Officer (ACO) course
[
(2)
Department - The Texas Department of Health
[
(3)
Satisfactory completion
- In order to satisfactorily complete an ACO course, an individual must attend
all sessions and attain a passing score as set by the department on all post-course
tests and/or practical exercises.
Courses
[
(a)
The basic
ACO course
[
(b)
The advanced
ACO course
[
(c)
The administrative
ACO course
[
§169.64. Prerequisites for Course Attendance.
(a)
Basic, advanced, or administrative. A person must[
(b)
Advanced. A person must
have
:
(1)
[
(2)
provided a recommendation from the individual's
supervisor to include a statement that the person meets prerequisites for
course attendance
[
(c)
Administrative. A person must
provide a recommendation
from the individual's supervisor to include a statement that the person meets
one of the following prerequisites for course attendance
:
(1)
[
(2)
worked in an administrative
position for two years; or
(3)
[
§169.65. Course Content.
(a)
The basic and advanced courses will include
technical
coverage of topics deemed pertinent to animal shelter/
animal control
personnel by the department's Zoonosis Control Division
(ZCD) including, but not limited to,
animal health and disease control,
humane care and treatment of animals, control of animals in an animal shelter,
and the transportation of animals
[
(b)
There is no cost for attending
a course. However, the Animal Control Officer Training Manual, which can
be purchased from the department, is an essential reference.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April
17, 1998.
TRD-9805447
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 31, 1998
For further information, please call: (512) 458-7236
Subchapter A. Miscellaneous Provisions
25 TAC §181.8, §181.9
The Texas Department of Health (department) proposes amendments
to §181.8 and §181.9, concerning supplemental birth certificates
and access to files. These sections revise and eliminate the word legitimation
since the statutes no longer use this word and updates rule language concerning
creation of a supplemental certificate of birth based on paternity determination.
In addition, the rule directs the Bureau of Vital Statistics to notify the
Office of the Attorney General, the Title IV-D agency for the State of Texas,
of any supplemental birth records based on paternity.
Richard B. Bays, Chief, Bureau of Vital Statistics has determined that
for the first five-year period the sections are in effect, there will be no
fiscal implications to state government as a result of administering or enforcing
the sections as proposed. There will be no fiscal implications for local government.
Mr. Bays has also determined that for each year of the first five years
the sections are in effect, the public benefit will be the updating and improvement
of rule language. There will be no effect on small business. There are no
anticipated economic costs to persons who are required to comply with the
sections as proposed. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Richard B. Bays, State Registrar,
Bureau of Vital Statistics, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756-3191, (512) 458-7692. Comments will be accepted
for 30 days following publication of this proposal in the
Texas Register
.
The amendments are proposed under the Health and Safety Code,
§191.003, which provides the Board of Health (board) with the authority
to adopt necessary rules for collecting, recording, transcribing, compiling,
and preserving vital statistics; §192.006 which provides that supplemental
birth certificates shall be prepared and filed in accordance with board rules;
and §12.001 which provides the board with the authority to adopt rules
for the performance of every duty imposed by law on the board, the department,
and the commissioner of health.
The amendments affect the Health and Safety Code, Chapter 192.
Supplemental Birth Certificates
[
(a)
When
a supplemental
[
(b)
Wherever possible, the local registration official shall
[
(c)
(No change.)
(d)
Where application is made for the filing of
a supplemental
[
§181.9. Access to [
(a)
After the
supplemental
[
(b)
The Bureau of Vital Statistics
shall notify the Office of the Attorney General, the Title IV-D agency for
the State of Texas, in a manner agreed by both agencies of any supplemental
birth records based upon paternity.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April
17, 1998.
TRD-9805439
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 31, 1998
For further information, please call: (512) 458-7236
25 TAC §181.30
The Texas Department of Health (department) proposes new
§181.30, concerning instructions and requirements for filing amendments
to medical certification of certificate of death with a local registrar before
submission to the department.
Richard B. Bays, Chief, Bureau of Vital Statistics has determined that
for the first five-year period the section is in effect, there will be no
fiscal implications to state or local government as a result of administering
or enforcing the section as proposed.
Mr. Bays has also determined that for each year of the first five years
the section is in effect, the benefits to the public, state, and local government
will be beneficial and will aid the department in getting the medical amendment
filed timely. There will be no effect on small business. There are no anticipated
economic costs to persons who are required to comply with the section as proposed.
There is no anticipated impact on local employment. The decedent's family
members and funeral homes will be able to purchase amended certified copies
of death certificates used in the application for insurance benefits, settlement
of pension claims, and transfer of title of real and personal property.
Comments on the proposed rule may be submitted to Richard B. Bays, State
Registrar, Bureau of Vital Statistics, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756-3191, (512) 458-7692. Public comments will
be accepted for 30 days after publication in the
Texas Register
.
The new section is proposed under authority of the Health and
Safety Code, §191.003, which provides the Board of Health (board) with
authority to adopt necessary rules for collecting, recording, transcribing,
compiling, and preserving vital statistics, and §191.028 which provides
for filing amendments to certificates; and §12.001 which provides the
board with the authority to adopt rules for the performance of every duty
imposed by law on the board, the department, and the commissioner of health.
The new section affects Health and Safety Code, Chapter 193.
§181.30. Instructions and Requirements for Filing of Amendments to Medical Certification of Certificate of Death with a Local Registrar.
(a)
An amending certificate (medical amendment) may be filed
with the appropriate local registrar to complete or correct medical certification
information on a certificate of death that is incomplete or inaccurate. The
medical amendment must be on a form prescribed by the department.
(b)
A certificate described in subsection (a) of this section
shall only be filed upon completion by the individual responsible for the
certification of the original death certificate. If the original was signed
by a physician, and a justice of the peace (JP) or medical examiner's office
(ME) has subsequently conducted an inquest as authorized by the Code of Criminal
Procedure, Chapter 49, the medical amendment may be filed by the JP or ME
that conducted the inquest.
(c)
The local registrar shall carefully examine each medical
amendment when presented for registration to determine if it is complete as
required by the state registrar's instructions.
(d)
If the medical amendment is incomplete or unsatisfactory,
the local registrar shall call attention to the defects in the return.
(e)
The local registrar shall number the medical amendment
with the same file number assigned to the original death certificate. The
local registrar shall sign each medical amendment to attest to the date the
amendment is filed in the local registrar's office. The signature may be either
handwritten or a facsimile stamp, and must be written or stamped with permanent
black or blue ink. The medical amendment shall be attached to and become a
part of the legal record of the death if the amendment is accepted for filing.
(f)
The local registrar shall make a photographic duplication
of the medical amendment as authorized by the Local Government Code, Chapters
201 or 204. The copy shall be permanently preserved in the local registrar's
office as the local record, in the manner directed by the state registrar.
(g)
The local registrar shall forward the original, properly
filed medical amendment to the state registrar within ten days of filing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April
17, 1998.
TRD-9805440
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 31, 1998
For further information, please call: (512) 458-7236
Subchapter E. Registration Regulations
Chapter 103.
Injury Prevention and Control
House Bill 343, 73rd Legislature,
1993,
] which authorizes the Texas Board of Health to adopt rules concerning
the reporting and control of injuries.
These sections also implement
Chapter 893, 75th Legislature, 1997, which amends the Texas Injury Prevention
and Control Act to include traumatic brain injuries as reportable injuries.
Nothing in the rules shall be construed to preempt or impede the authority
of a health authority, a local health department, a public health district,
a municipality, or a county to conduct the same activities within its jurisdiction.
10
] working days all newly diagnosed
cases or suspected cases of
submersion injuries
[
reportable
injuries
] to the local health authority, or where there is no local
health authority, the regional health authority:
and
]
reportable
]
injuries to the Bureau of Epidemiology, Texas Department of Health, 1100
West 49th Street, Austin, Texas 78756-3180, on a weekly basis.
injury
]
reports shall be made by mail, courier, or electronic transfer.
(e)
] The department may contact
a medical examiner, justice of the peace, [
or
] physician,
hospital, or rehabilitation facility
attending a person with a case
or suspected case of a reportable injury.
individual injury case reports
] received by the local health
authority or the Texas Department of Health (department), including
information electronically submitted to the State Trauma Registry and
information from injury investigations, are confidential records and not
public records. These records shall be held in a secure place and accessed
only by authorized [
health care
] personnel.
Chapter 169.
Zoonosis Control
undesignated head
], shall have the following meanings, unless
the context clearly indicates otherwise.
Animal control officer (ACO)
Animal shelter
Animal shelter personnel
Course
] - An appropriate training session administered
by the Texas Department of Health
(department). There are three types
of training:
[
for
] basic [
animal control officers
],
advanced [
animal control officers
],
and
[
or
]
administrative [
animal control officers
].
(TDH)
]
Levels of Proficiency
].
level
]
gives introductory instruction in the topics listed in §169.65(a) of
this title (relating to course content)
[
encompasses the minimum
proficiency required to do an acceptable job as an ACO
].
level
]
covers the same topics as the basic course, but at a higher level and with
emphasis on verbal communication skills
[
encompasses the proficiency
necessary for the optimum performance of duties as an ACO
].
level
]
includes
instruction in
[
the
] supervisory and management
skills necessary to
implement and direct application of the concepts
taught in the basic and advanced courses
[
direct an animal shelter
operation
].
:
]
have applied
[
apply
] for attendance with the
department's Regional Zoonosis Control Program conducting the
ACO
course. Course enrollment will be based on space availability policies
set by the region hosting the course
.
have
] satisfactorily completed a basic
ACO
course and, subsequently,
worked or volunteered
[
have been employed
] in animal shelter/
animal control activities
[
work
] at least
2,000 hours
[
one year
];
and
provide proof of high school graduation or
equivalency
].
have
] satisfactorily completed an advanced
ACO
course; [
and
]
(2)
] [
have
]
completed
60
[
30
] hours of college credit [
(each
year of full-time employment as a supervisor or administrator in animal control
may be substituted for five hours of college credit)
].
animal capture, restraint,
impoundment and disposition; animal health, including zoonotic diseases;
animal identification; sanitation and disease control; record keeping; shelter
safety and occupational hazards; public relations; and animal laws and regulations
relating to these topics
]. The administrative course will include
instruction in
[
coverage of
] supervisory and management
skills
necessary to implement and support the concepts taught in the
basic and advanced courses
.
Chapter 181.
Vital Statistics
Adoptions, Legitimations, and Paternity Determinations
].
an amended
]
certificate of birth is prepared and filed based on adoption [
,legitimation,
] or paternity determination, a copy of the new certificate shall be
forwarded to each local registration official in whose office is recorded
the
original
[
natural
] birth record of such child.
,unless otherwise requested by the adoption parents,
] remove
from his
or her
files the
original
[
natural
]
birth record and forward it to the State Bureau of Vital Statistics. Where
it is not possible to remove the
original
[
natural
]
birth record, the local registration official shall cancel such record in
such manner as to preclude the disclosure of any information contained therein.
In its place he
or she
shall substitute the
supplemental
[
amended
] certificate of birth.
an amended
] certificate based on
paternity
[
a marriage of the parents subsequent to the birth
], the applicant shall
submit to the State Bureau of Vital Statistics a certified copy of the certificate
of marriage
indicating the subsequent marriage of the parents
,
an acknowledgment of
paternity
[
parentage
] prepared
on a form prescribed by the
Texas
[
State
] Department
of Health
,or a certified copy of the court decree if the information
concerning the court decree is not already in the bureau files
.
Sealed Legitimation and ] Paternity [ Determination ] Files.
supplementary
] certificate of birth based on [
legitimation or
] paternity
[
determination
] is filed, any information disclosed from the record
shall be made from the
supplemental
[
supplementary
]
certificate, and access to the original certificate of birth and to the documents
filed upon which the
supplemental
[
supplementary
] certificate
is based shall not be authorized except upon order of a court of competent
jurisdiction.
Subchapter B. Vital Records
Chapter 289.
Radiation Control