Part I.
Texas Department of Health
Chapter 1.
Texas Board of Health
Subchapter I. Reimbursement Programs
25 TAC §1.111
(Editor's note: The text of the following section proposed for
repeal will not be published. The section 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 Texas Department of Health (department) proposes
the repeal of §1.111 because the law authorizing the State Legalization
Impact Assistance Grant has been repealed and the grant is no longer funded.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.111 has been
reviewed and the department has determined that the reasons for adopting the
section no longer exist.
The Administrative Procedure Act, §2001.004(1), requires each state
agency to adopt rules of practice stating the nature and requirements of all
available formal and informal procedures. Section 2001.003(6)(B), defines
the term "rule" to include the repeal of a prior rule. Section 1.111 fits
within that definition. The department published a notice of intention to
review this rule as required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were
received by the department on this section.
Susan K. Steeg, General Counsel, has determined that for each year of the
first five years the section will be repealed, there will be no fiscal implications
to state or local government as a result of administering the section as proposed.
Ms. Steeg has determined that for each year of the first five years as
a result of a repeal of this section, the public benefits anticipated will
be the addition of health or allied health professionals to the list of professionals
with whom the department may issue a grant or with whom the department may
contract or otherwise engage. The method of selection of these health professionals
or individuals who practice allied health professions will be beneficial in
the quality of service or the cost of the service. There will be no effect
on small businesses. There are no anticipated economic cost to persons because
the repeal requires no compliance, and there is no anticipated impact on local
employment.
Comments on the proposal may be submitted to Susan K. Steeg, General Counsel,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, 512/458-7236.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The repeal is proposed under the Administrative Procedure Act,
§2001.004, which requires state agencies to adopt rules of practice stating
the nature and requirements of all available formal and informal procedures,
§2001.003(6)(B) which provides that the repeal of a prior rule is a "rule",
and the Health and Safety Code, §12.001, which provides the Texas Board
of Health (board) with the authority to adopt rules for its procedures and
for the performance of each duty imposed by law on the board, the department,
and the commissioner of health.
The repeal affects the Health and Safety Code, Chapter 12, and the General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
Legislature.
§1.111.State Legalization Impact Assistance Grant (SLIAG).
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 January
14, 1999.
TRD-9900209
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 458-7236
25 TAC §1.171
(Editor's note: The text of the following section proposed for
repeal will not be published. The section 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 Texas Department of Health (department) proposes
a repeal of §1.171 concerning personnel policies & procedures for
sick leave pooling for the department.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.171 has been
reviewed and the department has determined that the reasons for adopting the
section do not continue to exist. This rule is currently in a department policy
manual utilized by the Bureau of Human Resources.
The department published a Notice of Intention to Review the section as
required by Rider 167 in the
Texas Register
(23 TR 9077) on September 4, 1998. No comments were received by the department
on this section.
Sharon Brewer, Bureau Chief, has determined that for each year of the first
five years the section is repealed, there will be no fiscal implications to
state or local government as a result of repealing the section as proposed.
Ms. Brewer has determined that for each year of the first five years the
section is repealed, there will be no impact on the public or on department
employees, no effect on small businesses, no anticipated economic costs to
persons who are required to comply with the section as repealed and no anticipated
impact on local employment as a result of repealing the section as proposed.
Sick leave pooling is addressed in the department's personnel manual and that
policy is easily accessible to the public and to department employees by request
to the department's Human Resources Offices, by review of the department's
personnel manual and/or by accessing the department's web site.
Comments on the proposal may be submitted to Sharon Brewer, Bureau Chief,
Bureau of Human Resources, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756, 512/458-7302. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
.
The repeal is proposed under the Health and Safety Code, §12.001
which provides the board with the authority to adopt rules for its procedures
and the performance of each duty imposed by law on the board, the department,
and the commissioner of health.
The repeal affects the Health and Safety Code, Chapter 12; and the General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
Legislature.
§1.171.Sick Leave Pooling.
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 January
14, 1999.
TRD-9900206
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 458-7236
25 TAC §1.181
The Texas Department of Health (department) proposes an amendment
to §1.181 concerning grants and contracts for professional services.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.181 has been
reviewed and the department has determined that the reasons for adopting the
section continue to exist.
The Health and Safety Code, §12.0121 authorizes the department to
award a grant or enter into a contract or otherwise engage an individual or
group or association of individuals to perform professional health or allied
health services. The department may make the award through one of two methods:
(1) competition or (2) demonstrated competence and qualifications for the
type of professional services to be performed when those services are related
to the practice of a health or allied health profession and when the fees
for the professional services are fair, reasonable, consistent with and not
higher than usual and customary fees for the services.
The department published a notice of intention to review the section as
required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were received by the department
on this section.
Susan K. Steeg, General Counsel, has determined that for each year of the
first five years the section is in effect there will be no fiscal implications
to state or local government as a result of administering the section as proposed.
Ms. Steeg has determined that for each year of the first five years the
section is in effect, the public benefits anticipated as a result of enforcing
or administering this section will be the addition of health or allied health
professionals to the list of professionals with whom the department may issue
a grant or with whom the department may contract or otherwise engage. The
method of selection of these health professionals or individuals who practice
allied health professions will be beneficial in the quality of service or
the cost of the service. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Susan K. Steeg, General Counsel,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, 512/458-7236.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendment is proposed under Health and Safety Code, §12.0121
authorizing the department to contract for professional services, and the
Health and Safety Code, §12.001, which provides the Board with the authority
to adopt rules for its procedures and the performance of each duty imposed
by law on the board, the department, and the commissioner of health.
The amendment affects the Health and Safety Code, Chapter 12 and the General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
Legislature.
§1.181.Grants and Contracts for Professional Services.
(a)-(b)
(No change.)
(c)
Categories of providers. This subsection covers the categories
of licensed, certified, registered, or otherwise authorized providers under
state law to whom the department may award a grant for professional services
or with whom the department may contract or otherwise engage to perform professional
services. The categories of providers, as described by the scope of their
practice, are listed as follows:
(1)-(2)
(No change.)
(3)
chemical dependency counseling;
(4)
[
(5)
contact lens dispensing;
(6)
[
(7)
marriage and family therapy;
(8)
[
(9)
medical radiologic technology;
(10)
[
(11)
[
(12)
[
(13)
[
(14)
orthotist;
(15)
perfusionist;
(16)
[
(17)
[
(18)
podiatry;
(19)
[
(20)
professional medical
physics;
(21)
prosthetics;
(22)
[
(23)
physician assistant;
[
radiographic technology;]
(24)
[
(25)
sex offender treatment;
(26)
[
(27)
spectacle dispensing;
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
any other category for
which an individual is licensed, certified, registered or otherwise authorized
by the state and who is acting within the scope of the individual's license,
certification, registration, or other authorization in the practice of a health
or allied health profession.
(d)-(e)
(No change.)
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 January
14, 1999.
TRD-9900207
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 458-7236
25 TAC §§1.203-1.205, 1.207
The Texas Department of Health proposes amendments to §§1.203-1.205
and 1.207 concerning investigations of abuse, neglect, or exploitation of
children or elderly or disabled persons.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires that each state agency review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Sections 1.201, 1.202,
and 1.206 have been reviewed and the department has determined that reasons
for readopting these sections continue to exist.
The department published a notice of intention to review the rules as required
by Rider 167 in the
Texas Register
(23 TexReg
9075) on September 4, 1998. No comments were received.
The proposed amendments implement Senate Bill 359 passed by the 75th Legislature,
1997, amending the Human Resources Code, Chapter 48, and the Family Code,
Chapter 261, which authorizes the department to conduct investigations of
abuse, neglect, or exploitation of children or elderly or disabled persons
and to adopt rules relating to such investigations.
Specifically, the amended sections cover definitions; abuse, neglect, and
exploitation defined; reports and investigations; and confidentiality of the
investigative process and reports.
Section 1.203 defines words and terms used throughout the rules. The definitions
are numbered in compliance with
Texas Register
format requirements (1 TAC §91.1, effective February 17, 1998). The definition
of "facility" was amended to add youth camps to the list of facilities and
to update the description of the hospitals operated by the department. The
definition of "sexual abuse" was amended to correct the spelling of "nonconsensual."
Section 1.204 defines abuse, neglect and exploitation. A minor editorial
change was made to subsection (a)(1)(H) to comply with
Texas Register
form and style requirements. New language was added
to subsection (a)(1)(I) and (J) and subsection (a)(2)(A) and (B) to conform
to changes to the Human Resources Code, Chapter 48 in accordance with Senate
Bill 359.
Section 1.205 covers reports and investigations. New subsection (o) and
new language in subsection (i)(1) were added to conform to changes to the
Family Code, Chapter 261 in accordance with Senate Bill 359.
Section 1.207 covers confidentiality of investigative process and report.
New subsections (h)-(j) were added to conform to changes to the Family Code,
Chapter 261 in accordance with Senate Bill 359.
Susan K. Steeg, General Counsel has determined that for each year of the
first five years the amendments are in effect, there will be no fiscal implications
to state or local government as a result of enforcing or administering the
amendments as proposed.
Ms. Steeg also has determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
enforcing or administering the amendments will be to ensure uniformity in
investigations of abuse, neglect, or exploitation performed by the department
and compliance with the laws relating to such investigations. There will be
no effect on small businesses. There is no anticipated economic costs to persons
who are required to comply with the amendments as proposed. There will be
no impact on local employment.
Comments on the proposal may be submitted in writing to Susan K. Steeg,
General Counsel, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756-3199, 512/458-7236. Comments will be accepted for 30 days from
the date of publication of the proposal in the
Texas
Register
.
The amendments are proposed under the Health and Safety Code,
§12.001 which provides the Texas Board of Health (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 Family Code, §261.401
which requires rules relating to the investigation of abuse or neglect of
a child; and the Human Resources Code, §48.083 which requires rules relating
to the investigation of abuse, neglect, or exploitation of an elderly or disabled
person.
The amendments affect the Health and Safety Code, Chapter 12; the Human
Resources Code, Chapter 48; the Family Code, Chapter 261; and the General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
Legislature.
§1.203.Definitions.
The following words and terms, when used in this
subchapter
[
(1)
Agent--An individual not employed by a facility
but working under the auspices of the facility, such as a volunteer, student,
or consultant.
(2)
Allegation--A report by a person believing
or having knowledge that a child has been or may be abused or neglected in
a facility or that an elderly or disabled person has been or may be abused,
neglected or exploited in a facility.
(3)
Caretaker--An owner, operator, manager,
employee, or agent of a facility in which a patient or client is located.
(4)
Child--A person under 18 years of age
who is not and has not been married or who has not had the disabilities of
minority removed for general purposes.
(5)
Client--A child, disabled person or elderly
person receiving services in a facility.
(6)
Clinical issues--Issues relating to unsafe
practice by a licensed health care professional or a violation of a state
law or rule relating to the licensure or practice of a licensed health care
professional.
(7)
Confirmed--A finding that an allegation
of abuse, neglect, or exploitation is supported by the preponderance of the
evidence.
(8)
Department--The Texas Department of Health.
(9)
Disabled person--A person with a mental,
physical, or developmental disability that substantially impairs the person's
ability to provide adequately for the person's care or protection and who
is either 18 years of age or older or who is under 18 years of age and has
the disabilities of minority removed.
(10)
Elderly person--A person 65 years of
age or older.
(11)
Facility--A facility providing health
care services which is operated, licensed, certified, or registered by the
department. Such facilities include licensed general or special hospitals,
licensed private psychiatric hospitals, licensed special care facilities,
licensed abortion facilities, licensed ambulatory surgical centers, licensed
birthing centers, licensed end stage renal disease facilities, the two [
(12)
Guardian--Anyone named as "guardian of
the person" of a child, elderly person, or disabled person by a probate court
order.
(13)
Inconclusive--A finding that an allegation
of abuse, neglect, or exploitation leads to no conclusion or definite result
due to a lack of witnesses or other relevant evidence.
(14)
Nonserious physical injury--Any injury
determined not to be serious by the examining physician. Examples of nonserious
injury may include superficial laceration, contusion, or abrasion.
(15)
Observable and material impairment--Discernable
and substantial damage or deterioration.
(16)
Patient--A child, disabled person, or
elderly person receiving health care services in a facility.
(17)
Perpetrator--The person who has committed
an act of abuse or neglect of a child or abuse, neglect, or exploitation of
an elderly or disabled person.
(18)
Perpetrator unknown--The term used to
describe an incidence in which abuse, neglect, or exploitation is confirmed
but positive identification of the responsible person can not be made and
in which self injury has been eliminated as the cause.
(19)
Preponderance of evidence--The greater
weight of evidence or evidence which is more credible and convincing to the
mind.
(20)
Reporter--The person filing a report
of abuse, neglect, or exploitation, either the:
(A)
victim of alleged abuse, neglect, or exploitation;
(B)
a third party filing a report on behalf of the alleged
victim; or
(C)
both.
(21)
Serious physical injury--An injury
determined to be serious by the examining physician. Examples of serious injury
may include fracture; dislocation of any joint; internal injury; any contusion
larger than two and one-half inches in diameter; concussion; second or third
degree burns; first degree scald burns greater than the percentage of the
body involved or involving hands, feet, face or genitals; or multiple lacerations,
contusions or abrasions.
(22)
Sexual abuse--Any sexual activity, including
any involuntary or
nonconsensual
[
(23)
Substantial harm--Real and significant
physical injury or damage to a child that includes, but is not limited to,
bruises, cuts, welts, skull or other bone fractures, brain damage, subdural
hematoma, internal injuries, burns, scalds, wounds, poisoning, human bites,
concussions, and dislocations and sprains.
(24)
Substantial risk--Real and significant
possibility or likelihood.
(25)
Unconfirmed--A finding that an allegation
of abuse, neglect or exploitation is not supported by the preponderance of
the evidence.
(26)
Unfounded--A finding that an allegation
of abuse, neglect, or exploitation is spurious or patently without factual
basis.
§1.204.Abuse, Neglect, and Exploitation Defined.
(a)
Abuse defined.
(1)
Abuse of a child includes the following acts or omissions
by any person:
(A)-(F)
(No change.)
(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
[
(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.
(2)
Abuse of an elderly or disabled person means:
(A)
the negligent or wilful infliction of injury, unreasonable
confinement, intimidation, or cruel punishment with resulting physical or
emotional harm or pain
by the person's caretaker, family member, or other
individual who has an ongoing relationship with the person
[
(B)
sexual abuse
by the persons, caretaker, family member,
or other individual who has an ongoing relationship with the person
.
(3)
(No change.)
(b)-(c)
(No change.)
§1.205.Reports and Investigations.
(a)-(h)
(No change.)
(i)
An investigation shall include:
(1)
an interview with the alleged victim, if appropriate
. An interview with a child alleged to be a victim of physical abuse or sexual
abuse shall be audiotaped or videotaped unless the department determines that
good cause exists for not audiotaping or videotaping the interview. Good cause
may include, but is not limited to, such considerations as the age of the
child and the nature and seriousness of the allegations under investigation.
Nothing in this paragraph shall be construed as prohibiting the department
from audiotaping or videotaping an interview of a child on any case for which
such audiotaping or videotaping is not required under this paragraph. The
fact that the department failed to audiotape or videotape an interview is
admissible at the trial of the offense that is the subject of the interview
;
(2)-(3)
(No change.)
(j)-(n)
(No change.)
(o)
The department shall make a
reasonable effort to notify each parent and legal guardian, if one has been
appointed, of the nature of the allegation, that the interview or examination
was conducted, and of the disposition of the investigation.
(1)
When during an investigation of a report of
suspected child abuse or neglect a representative of the department conducts
an interview with or an examination of a child, the department shall make
a reasonable effort before 24 hours after the time of the interview or examination
to notify each parent of the child and the child's legal guardian of the nature
of the allegation and of the fact that the interview or examination was conducted.
(2)
If a report of suspected child abuse or
neglect is administratively closed by the department as a result of a preliminary
investigation that did not include an interview or examination of the child,
the department shall make a reasonable effort before the expiration of 24
hours after the time the investigation is closed to notify each parent and
legal guardian of the disposition of the investigation.
(3)
The notice required by paragraphs (1) and
(2) of this subsection is not required if the department determines that the
notice is likely to endanger the safety of the child who is the subject of
the report, the person who made the report, or any other person who participates
in the investigation of the report.
(4)
The notice required by paragraphs (1) and
(2) of this subsection may be delayed at the request of a law enforcement
agency if notification during the required time would interfere with an ongoing
criminal investigation.
§1.207.Confidentiality of Investigative Process and Report.
(a)-(g)
(No change.)
(h)
The completed investigative
report regarding abuse, neglect, or exploitation of an elderly or disabled
person shall be released to the subject of a report of abuse, neglect, or
exploitation or to that person's legal representative upon request. Any information
relating to the reporter's identity or any other individual whose safety or
welfare may be endangered by the disclosure shall be blacked out or deidentified.
(i)
At the conclusion of an investigation
in which the department determines that the person alleged to have abused
or neglected a child did not commit abuse or neglect, the department shall
notify the person of the person's right to request the department to remove
information about the person's alleged role in the abuse or neglect report
from the department's records.
(j)
On request under subsection
(i) of this section by a person whom the department has determined did not
commit abuse or neglect, the department shall remove information from the
department's records concerning the person's alleged role in the abuse or
neglect report.
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 January
14, 1999.
TRD-9900242
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 458-7236
25 TAC §3.41
(Editor's note: The text of the following section proposed for
repeal will not be published. The section 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 Texas Department of Health (department) proposes
the repeal of §3.41 concerning the contract with the Texas Health Care
Information Council (council). Specifically, the section defined terms commonly
used in working with the council, specified contracting requirements between
the department and the council, set forth parameters for data submission and
collection by the department and the council, and established the authority
of the department to inspect records of data sources and to levy penalties
for nonreporting.
The Texas Legislature created the council through passage of its enabling
legislation, Chapter 108 of the Health and Safety Code, in 1995. Section 108.008
(b)(2), as originally enacted, required the department to provide assistance
to the council "in accordance with rules adopted by the board (Board of Health)
after consulting with the council and set out in the contract with the council."
Senate Bill 788, 75th Legislature, 1997, removed the wording from the law
requiring the board to adopt rules. The department and the council currently
have a memorandum of understanding in place as required by Senate Bill 788.
The department and council will continue to have a contract although it will
no longer be adopted by board rule.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 3.41 has been reviewed
and the department has determined that the reasons for adopting the section
no longer exist.
The department published a notice of intention to review the section proposed
for repeal as required by Rider 167 in the
Texas
Register
(23 TexReg 9077) on September 4, 1998. No comments were received
by the department on these sections.
Ann Henry, Bureau of State Health Data and Policy Analysis, has determined
that for each year of the first five years the repeal is in effect, there
will be no fiscal implications for state or local governments as a result
of the repeal.
Ms. Henry has also determined that for each year of the first five years
the repeal is in effect, the public benefits anticipated are compliance with
Senate Bill 788, 75th Legislature, 1997, and continuation of activities between
the department and the council. Amendments to the current contract will be
finalized more expeditiously since a corresponding rule change will not be
required. There will be no effect on small businesses. There are no anticipated
economic costs to persons as a result of this repeal. There is no anticipated
impact on local employment.
Comments on the proposal may be submitted to Ann Henry, Bureau of State
Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756, 512/458-7261. Comments will be accepted for 30
days following publication of the proposal in the
Texas Register
.
The repeal is proposed under the Health and Safety Code, §12.001
which provides the Texas Board of Health (board) with the authority to adopt
rules for its procedures and for the performance of each duty imposed by law
on the board, the department, and the commissioner of health.
The repeal affects the Health and Safety Code, Chapter 108; and the General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
Legislature.
§3.41.Contract with the Texas Health Care Information Council.
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 January
14, 1999.
TRD-9900204
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 458-7236
Subchapter R. School Health Advisory Commission
25 TAC §37.350
The Texas Department of Health (department) proposes new
§37.350 concerning the School Health Advisory Committee (committee).
The committee provides assistance to the Texas Board of Health (board) and
the department to establish a leadership role for the department in the support
for and delivery of school health services.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules to establish advisory committees. The rules must state the purpose of
each committee, state the composition of the committee, describe the tasks
of the committee, describe the manner in which the committee will report to
the agency, and establish a date on which the committee will be automatically
abolished unless the governing body of the agency affirmatively votes to continue
the committee in existence.
The new section establishes the committee and provides procedures for its
operation. Specifically, the section includes language to describe the purpose
and tasks of the committee; to establish a review date of June 1, 2003, for
the committee; to define the composition; and to establish requirements and
procedures relating to terms of members, officers, meetings, attendance, staff
support, parliamentary procedures, subcommittees, statements by members, reports
to the board and reimbursement for expenses.
Kathleen Hamilton, Acting Chief, Bureau of Children's Health, has determined
that for each year of the first five years the proposed section is in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering this section.
Ms. Hamilton also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be better information and advice provided to the board and
the department on the issues addressed by the advisory committee and clarification
of the role and procedures of the committee. There will be no effect on small
businesses. There are no economic costs to persons who are required to comply
with the section as proposed. There will be no effect on local employment.
Comments may be submitted to Mary Jackson, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, 512/458-7700, mary.jackson@tdh.state.tx.us.
Comments on the proposed section will be accepted for 30 days following publication
in the
Texas Register
.
The new section is proposed under the Health and Safety Code,
§11.016, which allows the board to establish advisory committees; the
Government Code, Chapter 2110, which sets standards for the establishment
of advisory committees by the agencies for which they function; and the Health
and Safety Code, §12.001, which provides the board with authority to
adopt rules for the performance of every duty imposed by law upon the board,
the department, and the commissioner of health.
The new section affects the Health and Safety Code, Chapter 11, and the
Government Code, Chapter 2110.
§37.350.School Health Advisory Committee.
(a)
The committee. The School Health Advisory Committee (committee)
shall be appointed under and governed by this section. The committee is established
under the Health and Safety Code, §11.016, which allows the Board of
Health (board) to establish advisory committees.
(b)
Applicable law. The committee is subject to the Government
Code, Chapter 2110, concerning state agency advisory committees.
(c)
Purpose. The purpose of the committee is to provide assistance
to the board to establish a leadership role for the Texas Department of Health
(department) in the support for and delivery of school health services.
(d)
Tasks.
(1)
The committee shall advise the board concerning:
(A)
the development of a data collection model to compile basic
information about school health services in the state; and
(B)
relevant issues based on the data collected to coordinate
and improve school health services including health promotion.
(2)
The committee shall carry out any other tasks
given to the committee by the board.
(e)
Review and duration. By June 1, 2003, the board will initiate
and complete a review of the committee to determine whether the committee
should be continued, consolidated with another committee, or abolished. If
the committee is not continued or consolidated, the committee shall be abolished
on that date.
(f)
Composition. The committee shall be composed of 16 members
appointed by the board as follows:
(1)
two physicians providing health services to school aged
children;
(2)
two registered nurses or physician assistants providing
school health services;
(3)
six consumer members including parents of school aged
children and at least one parent of a special needs child;
(4)
two school administrators; and
(5)
four members representing organizations and/or agencies
involved with the health of school children.
(g)
Terms of office. The term of office of each member shall
be six years. Members shall serve after expiration of their term until a replacement
is appointed.
(1)
Members shall be appointed for staggered terms so that
the terms of a substantially equivalent number of members will expire on June
1 of each odd-numbered year beginning in 2001.
(2)
If a vacancy occurs, an individual shall be appointed
to serve the unexpired portion of that term.
(h)
Officers. The chairman of the board shall appoint a presiding
officer and an assistant presiding officer to begin serving on June 1 of each
odd-numbered year.
(1)
Each officer shall serve until May 31 of each odd-numbered
year. Each officer may holdover until his or her replacement is appointed
by the chairman of the board.
(2)
The presiding officer shall preside at all committee
meetings at which he or she is in attendance, call meetings in accordance
with this section, appoint subcommittees of the committee as necessary, and
cause proper reports to be made to the board. The presiding officer may serve
as an ex-officio member of any subcommittee of the committee.
(3)
The assistant presiding officer shall perform the
duties of the presiding officer in case of the absence or disability of the
presiding officer. If the office of the presiding officer becomes vacant,
the assistant presiding officer will serve until a successor is appointed
to complete the unexpired portion of the term of the office of presiding officer.
(4)
If the office of assistant presiding officer becomes
vacant, it may be filled temporarily by vote of the committee until a successor
is appointed by the chairman of the board.
(5)
A member shall serve no more than two consecutive
terms as presiding officer and/or assistant presiding officer.
(6)
The committee may reference its officers by other
terms, such as chairperson and vice-chairperson.
(i)
Meetings. The committee shall meet only as necessary to
conduct committee business.
(1)
A meeting may be called by agreement of Texas Department
of Health (department) staff and either the presiding officer or at least
three members of the committee.
(2)
Department staff shall make meeting arrangements and
shall contact committee members to determine availability for a meeting date
and place.
(3)
The committee is not a "governmental body" as defined
in the Open Meetings Act. However, in order to promote public participation,
each meeting of the committee shall be announced and conducted in accordance
with the Open Meetings Act, Texas Government Code, Chapter 551, with the exception
that the provisions allowing executive sessions shall not apply.
(4)
Each member of the committee shall be informed of
a committee meeting at least five working days before the meeting.
(5)
Nine members of the committee shall constitute a quorum
for the purpose of transacting official business.
(6)
The committee is authorized to transact official business
only when in a legally constituted meeting with a quorum present.
(7)
The agenda for each committee meeting shall include
an item entitled public comment under which any person will be allowed to
address the committee on matters relating to committee business. The presiding
officer may establish procedures for public comment, including a time limit
on each comment.
(j)
Attendance. Members shall attend committee meetings as
scheduled. Members shall attend meetings of subcommittees to which the member
is assigned.
(1)
A member shall notify the presiding officer or appropriate
department staff if he or she is unable to attend a scheduled meeting.
(2)
It is grounds for removal from the committee if a
member cannot discharge the member's duties for a substantial part of the
term for which the member is appointed because of illness or disability, is
absent for more than half of the committee and subcommittee meetings during
a calendar year, or is absent from at least three consecutive committee meetings.
(3)
The validity of an action of the committee is not
affected by the fact that it is taken when a ground for removal of a member
exists.
(k)
Staff. Department staff shall provide administrative support
for the committee.
(l)
Procedures. Roberts Rules of Order, Newly Revised, shall
be the basis of parliamentary decisions except where otherwise provided by
law or rule.
(1)
Any committee action must be approved with a quorum present
and by a majority vote of the members present.
(2)
Each member shall have one vote.
(3)
A member may not authorize another individual to represent
the member by proxy.
(4)
The committee shall make decisions in the discharge
of its duties without discrimination based on any person's race, creed, gender,
religion, national origin, age, physical condition, or economic status.
(5)
Minutes of each committee meeting shall be taken by
department staff.
(A)
A draft of the minutes approved by the presiding officer
shall be provided to the board and each member of the committee within 30
days of each meeting.
(B)
After approval by the committee, the minutes shall be signed
by the presiding officer.
(m)
Subcommittees. The committee may establish subcommittees
as necessary to assist the committee in carrying out its duties.
(1)
The presiding officer shall appoint members of the committee
to serve on subcommittees and to act as subcommittee chairpersons. The presiding
officer may also appoint nonmembers of the committee to serve on subcommittees.
(2)
Subcommittees shall meet when called by the subcommittee
chairperson or when so directed by the committee.
(3)
A subcommittee chairperson shall make regular reports
to the committee at each of its meetings or in interim written reports as
needed. The reports shall include an executive summary or minutes of each
subcommittee meeting.
(n)
Statement by members.
(1)
The board, the department, and the committee shall not
be bound in any way by any statement or action on the part of any committee
member except when a statement or action is in pursuit of specific instructions
from the board, department, or committee.
(2)
The committee and its members may not participate
in legislative activity in the name of the board, the department, or the committee
except with approval through the department's legislative process. Committee
members are not prohibited from representing themselves or other entities
in the legislative process.
(o)
Reports to board. The committee shall file an annual written
report with the board.
(1)
The report shall list the meeting dates of the committee
and any subcommittees, the attendance records of its members, a brief description
of actions taken by the committee, a description of how the committee has
accomplished the tasks given to the committee by the board, the status of
any rules which were recommended by the committee to the board, and anticipated
activities of the committee for the next year.
(2)
The report shall identify the costs related to the
committee's existence, including the cost of agency staff time spent in support
of the committee's activities.
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board each
June. It shall be signed by the presiding officer and appropriate department
staff.
(p)
Reimbursement for expenses. In accordance with the requirements
set forth in the Government Code, Chapter 2110, a committee member may receive
reimbursement for the member's expenses incurred for each day the member engages
in official committee business if authorized by the General Appropriations
Act or budget execution process.
(1)
No compensatory per diem shall be paid to committee members
unless required by law.
(2)
A committee member who is an employee of a state agency,
other than the department, may not receive reimbursement for expenses from
the department.
(3)
A nonmember of the committee who is appointed to serve
on a subcommittee may not receive reimbursement for expenses from the department.
(4)
Each member who is to be reimbursed for expenses shall
submit to staff the member's receipts for expenses and any required official
forms not later than 14 days after each committee meeting.
(5)
Requests for reimbursement of expenses shall be made
on official state vouchers prepared by department staff.
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 January
14, 1999.
TRD-9900208
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 458-7236
Subchapter B. Immunization Requirements in Texas Elementary and Secondary Schools and Institutions of Higher Education
25 TAC §§97.63, 97.65, 97.67, 97.74
The Texas Department of Health (department) proposes amendments
to §§97.63, 97.65, 97.67, and 97.74 concerning immunization requirements
for children and students in Texas child-care facilities, elementary and secondary
schools and institutions of higher education. These amendments implement departmental
initiatives to enhance childhood protection against hepatitis A, hepatitis
B, and varicella (chickenpox) and incorporate recent recommendations of the
Advisory Committee on Immunization Practices (ACIP) for the vaccination of
health care workers by requiring varicella vaccination for higher education
students in the health professions whose work involves direct patient contact.
Hepatitis A vaccination will be required in 32 border counties for children
and students 2 years old and older who were born on or after September 2,
1993. The existing requirement for hepatitis B vaccination throughout the
state will be expanded to include a cohort of adolescents. A new requirement
for varicella vaccine for children entering kindergarten in Fall, 1999, and
all younger children attending child-care; for 12 year-olds without a reliable
history of varicella disease; and for higher education students without a
reliable history of varicella disease, who are pursuing health professions
degrees.
Robert D. Crider, M.S., M.P.A., Director, Immunization Division, has determined
that for the first five-year period that the sections will be in effect there
will be fiscal implications to state and local government as a result of enforcing
and administering the sections as proposed.
The total cost to state government of providing hepatitis A vaccine to
the children and students in the 32 border-county region should approach $3.2
million. Federal funds (from the Vaccine for Children program and the 317
Grant program) administered by state government are expected to supply $2.9
million of the needed funding. Funds allocated from the state general revenue
fund are expected to cover the remaining $300,000 in costs. The cost to state
government of providing hepatitis B vaccine to the students affected by the
hepatitis B requirement is expected to be $8.2 million per year. Federal funds
administered by state government (from the Vaccine for Children program and
the 317 Grant program) will cover approximately $7.6 million of the needed
funding. The remaining cost, estimated to be $600,000, is expected to be paid
out of state general revenues. The total cost to state government of immunizing
the children and students affected by the varicella vaccination requirement
will be approximately $19.5 million per year. Federal monies (from the Vaccine
for Children program and the 317 Grant program) administered by state government
are expected to provide roughly $18 million of the needed funding. State funds
in the amount of $1.5 million are expected to pay for the remaining costs.
There will be increased costs to local health departments, primarily in
increased operating expenses, e.g., labor and overhead, required to serve
a larger number of children than the number currently receiving hepatitis
A, hepatitis B, and varicella vaccines according to the recommended immunization
schedule. These costs are estimated to be $9.3 million and may be partly offset
by the collection of (sliding scale) clinic fees. Additional savings to local
health departments are anticipated as the amount of indigent care provided
for these diseases declines. Much of the cost of immunizing children against
hepatitis A in the 32 border counties is already being expended in voluntary
local vaccination programs. Similarly, many schools and local health departments
have already implemented adolescent hepatitis B catch-up programs in their
communities. In these areas, expenditures resulting from these new requirements
will be smaller. Additional costs estimated at $847,000 will be incurred by
child-care facilities, school districts, and private schools, which will be
required to monitor their populations for compliance with the new requirements.
Increased efforts made by these entities in monitoring compliance with these
requirements should be offset by eliminating the expense of disease reporting,
exclusions from attendance during periods of communicability, and (for public
schools) the loss of federal funds based on average daily attendance.
Mr. Crider has also determined that for each year of the first five years
that the sections are in effect the public benefits anticipated as a result
of enforcing and administering the sections as proposed will emerge as fewer
outbreaks of hepatitis A occur, fewer people develop chronic hepatitis B infection
following acute infection, and parents and guardians experience less work
disruption due to their children's varicella illness. These amendments are
designed to enhance understanding of the requirements, which should simplify
the work performed by the above entities as they monitor compliance. Health
benefit plans will be affected by these proposed rules, which increase the
number of vaccines and vaccinations for which they are required to provide
first-dollar coverage. Health-care providers who administer uncompensated
vaccination and private-pay parents will experience increased costs for vaccines
and vaccine and administration. These visits are estimated to cost $90 on
average. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Mr. Robert D. Crider, M.S.,
M.P.A., Director, Immunization Division, Texas Department of Health, 1100
West 49th Street, Austin, Texas 78756, (512) 458-7284, or (800) 252-9152.
Comments will be accepted for 60 days following publication of this proposal
in the
Texas Register
.
These amendments are proposed under Health and Safety Code §§81.023,
which requires the Board of Health (board) to develop immunization requirements
for children; Education Code §38.001, which allows the board to develop
immunization requirements for admission to any elementary or secondary school;
Education Code §51.933, which allows the board to develop immunization
requirements for students at any institution of higher education who are pursuing
a course of study in a health profession; Texas Human Resources Code, §42.043,
which requires the department to make rules regarding the immunization of
children admitted to day-care facilities; and Health and Safety Code §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.
These sections affect Health and Safety Code §81.023; Texas Education
Code, §38.001, §51.933; and Texas Human Resource Code §42.043.
§97.63.Required Immunizations.
(a)-(b)
(No change.)
(c)
The following immunizations are required in the respective
age groupings. A child or student must meet all the immunization requirements
specific to an age group upon first entering the age group.
(1)
Children less than five years of age: polio vaccine; diphtheria-tetanus-
pertussis (DTP) or diphtheria-tetanus-acellular pertussis (DTaP) vaccine;
measles, mumps, and rubella vaccine (MMR); [
(A)-(D)
(No change.)
(E)
Children 12 months of age, but not yet 15 months of age
(12 months through 14 months of age):
(i)-(ii)
(No change.)
(iii)
one dose of MMR vaccine is required. Only doses received
on or after the first birthday will meet this requirement. Serologic confirmation
of measles, mumps, or rubella immunity or serologic evidence of infection
is acceptable in lieu of vaccination for that disease only. For further information
see §97.67 of this title (relating to Verification of Immunity to Measles,
Rubella, Mumps, [
(iv)
(No change.).
(v)
one dose of varicella vaccine
is required. This vaccine must have been received on or after the first birthday.
A parent- or physician- validated history of varicella illness (chickenpox)
or serologic confirmation of varicella immunity is acceptable in lieu of vaccine.
For further information, see §97.67 of this title.
(F)
Children 15 months of age, but not yet 5 years of age (15
months through four years of age):
(i)-(iv)
(No change.)
(v)
one dose of varicella vaccine
is required. This vaccine must have been received on or after the first birthday.
A parent- or physician- validated history of varicella illness (chickenpox)
or serologic confirmation of varicella immunity is acceptable in lieu of vaccine.
For further information, see §97.67 of this title; and
(vi)
children subject to these
requirements as described in §97.61 (relating to Children and Students
Included in Requirements) must comply with the following requirement for hepatitis
A vaccine if the facility, school or institution attended is located in any
of the following counties: Brewster, Brooks, Cameron, Crockett, Culberson,
Dimmitt, Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim
Hogg, Kenedy, Kinney, La Salle, Maverick, McMullen, Pecos, Presidio, Real,
Reeves, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata,
and Zavala. Serologic confirmation of immunity to hepatitis A or serologic
evidence of infection is acceptable in lieu of vaccine. For further information,
see §97.67 of this title. Doses of hepatitis A vaccine are required as
follows:
(I)
children 2 years of age but not yet 3 years
of age are required to show proof by 30 days past their second birthday of
one dose of hepatitis A vaccine administered on or after their second birthday;
and
(II)
children 3 years of age but not yet 5 years
of age are required to have received two doses of hepatitis A vaccine administered
on or after their second birthday.
(2)
Children and students five years of
age or older.
(A)-(E)
(No change.)
(F)
Hepatitis B.
(i)
Effective August 1, 1998, children born on
or after September 2, 1992, will be required to show proof of either:
(I)
[
(II)
[
(ii)
Effective August 1, 1999,
children born on or after September 2, 1987, but before September 2, 1992
will be required to show at the time of their 12th birthday, proof of either:
(I)
three doses of hepatitis B vaccine; or
(II)
serologic confirmation of immunity to hepatitis
B or serologic evidence of infection. For further information see §97.67
of this title.
(G)
Varicella.
(i)
Effective August 1, 1999, children born on or
after September 2, 1993, will be required to show proof of either:
(I)
one dose of varicella vaccine received on or
after the first birthday; or
(II)
a parent- or physician-validated history of
varicella illness (chickenpox) or serologic confirmation of varicella immunity.
For further information, see §97.67 of this title.
(ii)
Effective August 1, 1999, children born on
or after September 2, 1987, but before September 2, 1993, will be required
to show at the time of their 12th birthday, proof of either:
(I)
one dose of varicella vaccine received on or
after the first birthday; or
(II)
a parent- or physician-validated history of
varicella illness (chickenpox) or serologic confirmation of varicella immunity.
For further information, see §97.67 of this title.
(H)
Hepatitis A. Effective August
1, 1999, children subject to these requirements as described in §97.61
of this title must comply with the following requirement for hepatitis A vaccine
if the facility, school or institution attended is located in any of the following
counties: Brewster, Brooks, Cameron, Crockett, Culberson, Dimmitt, Duval,
Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Kenedy, Kinney,
La Salle, Maverick, McMullen, Pecos, Presidio, Real, Reeves, Starr, Sutton,
Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala. Serologic confirmation
of immunity to hepatitis A or serologic evidence of infection is acceptable
in lieu of vaccine. For further information, see §97.67 of this title.
Children and students born on or after September 2, 1992, will be required
to have received two doses of hepatitis A vaccine administered on or after
their second birthday.
(3)
Students in institutions of higher education
(colleges, universities, and other teaching facilities above the high school
level).
(A)-(I)
(No change.)
(J)
Varicella. Beginning August
1, 1999, varicella vaccine is required of medical interns, residents, fellows,
and students enrolled in health-related courses as defined in subparagraph
(A) of this paragraph. One dose of vaccine is required for students who received
this vaccine prior to 13 years of age; two doses are required for students
who were not vaccinated before their thirteenth birthday. All doses of this
vaccine must have been received on or after the first birthday. A history
of varicella illness (chickenpox) validated by the student, the student's
parent or the student's physician or serologic confirmation of varicella immunity
is acceptable in lieu of vaccine. For further information, see §97.67
of this title.
§97.65.Pregnancy.
Requirements for polio, measles, rubella, [
§97.67.Verification of Immunity to Measles, Rubella, Mumps, [
Section 97.63 of this title (relating to Required Immunizations) states
that serologic confirmation of immunity to measles, rubella, mumps,
hepatitis A,
or hepatitis B are acceptable in lieu of vaccine against
the serologically confirmed disease. If a child or student is unable to submit
serological proof of immunity or serologic evidence of infection, then measles,
rubella, mumps, or hepatitis B vaccine is required. Evidence of measles, rubella,
mumps, or hepatitis B illnesses must consist of a laboratory report indicating
confirmation of immunity or confirmation of infection. A copy of the report
must be attached to the child's or student's immunization record, and the
original should be returned to the child/student or the child's/student's
parent or guardian.
All histories of varicella illness must be supported
by a written statement from a physician or the child's/student's parent or
guardian containing wording such as: "This is to verify that (name of student)
had varicella disease (chickenpox) on or about (date) and does not need varicella
vaccine." or by serologic confirmation of varicella immunity. A copy of the
statement or laboratory report must be attached to the child's/student's school
immunization record and the original should be returned to the child/student
or the child's/student's parent, or guardian. If a child or student is unable
to submit such a statement or serologic evidence, varicella vaccine is required.
§97.74.Transfer of Records.
When a student transfers from one school or district to another, a
copy of the immunization record, [
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 January
14, 1999.
TRD-9900203
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 28, 1999
For further information, please call: (512) 458-7236
Subchapter X. Regulations to Set Standards for the Formulation, Sale and Distribution of Dietary Supplements Containing Ephedrine from Natural Ephedra Alkaloids and to Restrict the Sale and Distribution of Certain Drug Products Containing Ephedrine
Subchapter N. Personnel Policies and Procedures
Subchapter O. Procurement of Professional Services
(3)
] chiropractic services;
(4)
] dentistry;
(5)
] massage therapy;
(6)
] medicine;
(7)
] nursing;
(8)
] nutrition;
(9)
] optometry;
(10)
] pharmacy;
(11)
] physical therapy;
(12)
] professional counseling;
(13)
] psychology;
(14)
(15)
] respiratory therapy;
(16)
] social work;
(17)
] speech-language pathology;
(18)
] emergency medical services;
(19)
] veterinary services;
(20)
] professional sanitarian
services;
(21)
] hearing aid dispensers;
[
and
]
(22)
] occupational therapy
; and
[
.
]
Subchapter Q. Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or Disabled Persons
undesignated head
], shall have the following meanings, unless
the context clearly indicates otherwise.
state chest
] hospitals operated by the department,
youth camps,
and public health clinics operated by the department. This term includes
any owner, operator, manager, employee, or agent of a facility.
nonconsenual
] sexual
conduct that would constitute an offense under the Penal Code, §21.08
(indecent exposure) or Chapter 22 (assaulting offenses), involving a facility
and a patient or client. Sexual activity includes but is not limited to kissing,
hugging, stroking, or fondling with sexual intent; oral sex or sexual intercourse;
and request, suggestion or encouragement for the performance of sex.
or
]
. (This
] is met whether or not the child voluntarily participates[
.
])
;
or
mental anguish
]; or
Chapter 3.
Memorandums of Understanding with Other State Agencies
Chapter 37.
Maternal and Child Health Services
Chapter 97.
Communicable Diseases
and
]
Haemophilus influenzae
type b conjugate vaccine (HibCV)
, hepatitis
A, and varicella vaccine
.
or
]
Hepatitis A,
Hepatitis B[
.
]
, or Varicella
; and
(i)
] three doses of hepatitis B
vaccine; or
(ii)
] serologic confirmation of
immunity to hepatitis B or serologic evidence of infection. For further information
see §97.67 of this title.
and
] mumps
, and varicella
vaccines are waived during pregnancy. Pregnancy is not
a medical contraindication for administration of tetanus/diphtheria toxoids.
or ] Hepatitis A, Hepatitis B[ . ] , or Varicella.
any measles or mumps illness statements
from physicians,
]
any laboratory reports or statement of prior
illness accepted in lieu of vaccination as described in §97.67 of this
title (relating to Verification of Immunity to Measles, Rubella, Mumps, Hepatitis
A, Hepatitis B, or Varicella),
any affidavits or statements of medical
contraindications, any statements for religious exemption, and laboratory
reports of immunity should be sent within 30 days to the receiving school.
A record received from school officials of another district or state may be
considered a validated record. Each school or institution of higher education
shall cooperate in transferring students' immunization records between other
schools and institutions of higher education. Specific approval from students,
parents, or guardians is not required prior to making such record transfers.
Chapter 229.
Food and Drug