Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 1.
TEXAS BOARD OF HEALTH
Subchapter U. ASSIGNMENT AND USE OF AGENCY VEHICLES IN THE STATE VEHICLE FLEET MANAGEMENT PLAN
25 TAC §1.401
The Texas Department of Health (department) proposes new §1.401
concerning the assignment and use of agency vehicles in the State Vehicle
Fleet Management Plan.
The rule proposes to adopt by reference Texas Government Code, Chapter
2171, Travel and Vehicle Fleet Services, §2171.1045 concerning the assignment
and use of agency vehicles in order to comply with §2171.1045, which
requires each agency to adopt rules consistent with the management plan adopted
under Texas Government Code, §2171.104 relating to the assignment and
use of agency vehicles. The rules must require that each agency vehicle, with
the exception of a vehicle assigned to a field employee, be assigned to the
agency motor pool and be available for checkout. Furthermore an agency may
assign a vehicle to an individual administrative or executive employee on
a regular or everyday basis only if the agency makes a written documented
finding that the assignment is critical to the needs and mission of the agency.
The department, according to the rules and in accordance with the vehicle
fleet policies and procedures, will maintain the requirements.
Gabriel Piña, Manager, Bureau of Resource Management, 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 enforcing
or administering the section as proposed.
Mr. Piña has also determined that for each of the first five years
the proposed section is in effect, the public benefit anticipated as a result
of enforcing and administrating the proposed section will be to ensure compliance
of the state vehicle fleet management plan in Texas Government Code, §2171.104.
There will be no costs to small businesses or micro-businesses resulting from
compliance with this section, as the section deals only with internal agency
policies and procedures and does not affect any private sector enterprise.
There are no anticipated economic costs to persons who are required to comply
with the section proposed. There is no anticipated impact on local employment.
Comments on the proposed section may be submitted to Gabriel Piña,
Manager, Bureau of Resource Management, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756, Telephone (512) 458-7111, extension 3642.
Comments will be accepted for 30 days following publication of this proposal
in the
Texas Register
.
The new section is proposed under 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; and Texas Government Code, Chapter 2171, which mandates the adoption
of these rules.
The proposed new section affects the Texas Government Code, Chapter 2171.
§1.401.Assignment and Use of Agency Vehicles in the State Vehicle Fleet Management Plan.
The Texas Department of Health (department) proposes to adopt by reference
the state statute, Texas Government Code, §2171.1045, concerning the
assignment and use of agency vehicles.
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 6, 2001.
TRD-200102010
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 458-7236
Subchapter A. CONTROL OF COMMUNICABLE DISEASES
25 TAC §§97.1 - 97.4, 97.6
The Texas Department of Health (department) proposes amendments
to §§97.1-97.4 and 97.6 concerning the diseases in animals that
are notifiable by veterinarians. The proposed sections will enable veterinarians
to more clearly identify the conditions and diseases that must be reported,
define the minimal reportable information on these conditions and diseases,
and describe the procedures for reporting to the department.
Specifically, the amendments to §97.1 add the term "animal" to the
definition of "case" and "contact," and add definitions for "research facility"
and "veterinarian." Minor changes in §97.2 define the term patient to
mean person or animal. Amendments to §97.3 add to the list of reportable
conditions the following clinically diagnosed or laboratory-confirmed animal
cases: anthrax, arboviral encephalitis,
Mycobacterium
tuberculosis
infection in animals other than those housed in research
facilities, plague, and psittacosis. It also adds a requirement that all non-negative
rabies tests performed on animals from Texas at laboratories located outside
of Texas be reported; all non-negative rabies tests performed in Texas be
reported by the laboratory conducting the testing; and, in addition to individual
case reports, any outbreak, exotic disease, or unusual group expression of
disease which may be of public health concern should be reported by the most
expeditious means. Amendments to §97.3 also define the minimal information
that shall be reported for each disease as species and number of animal(s)
affected, disease or condition, and the veterinarian's name and phone number.
Minor corrections were made in §97.3 and §97.4 by italicizing the
genus and species names for bacteria. Amendments to §97.4 and §97.6
outline the procedures for reporting a notifiable condition in animals.
Jane C. Mahlow, DVM, MS, Director of the Zoonosis Control Division, has
determined that for each year of the first five years, because the language
merely clarifies the diseases that are reportable by veterinarians, there
will be no fiscal implications for state and local government as a result
of enforcing or administering the sections.
Dr. Mahlow 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 amending
the sections will be improved reporting of these diseases, leading to early
detection and subsequent prevention of human disease. The proposed changes
do not involve major adaptation from current practice; therefore, there is
no anticipated additional cost to small businesses or microbusinesses nor
to persons who may be required to comply with the sections as proposed. There
is no anticipated effect on local employment.
Comments on the proposal may be submitted to Jane C. Mahlow, DVM, MS, Texas
Department of Health, Zoonosis Control Division, 1100 West 49th Street, Austin,
Texas, 78756, (512) 458-7454, jane.mahlow@tdh.state.tx.us. Comments will be
accepted for 30 days after publication in the
Texas
Register
.
The amendments are proposed under the Communicable Disease Prevention
and Control Act, Health and Safety Code, §81.004, which provides the
Board of Health with the authority to adopt rules concerning communicable
diseases; §81.041 which requires the board to identify reportable diseases; §81.044
which requires the board to prescribe the form and method of reporting communicable
diseases; and §12.001, which provides the Texas Board of Health with
the 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 amendments affect Health and Safety Code Chapter 81.
§97.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1) - (3)
(No change.)
(4)
Case--As distinct from a carrier, the term "case" is used
to mean a person
or animal
in whose tissues the etiological agent
of a communicable disease is lodged and which usually produces signs or symptoms
of disease. Evidence of the presence of a communicable disease may also be
revealed by laboratory findings.
(5) - (6)
(No change.)
(7)
Contact--A person or animal that has been in such association
with an infected person
or animal
or a contaminated environment
so as to have had opportunity to acquire the infection.
(8) - (22)
(No change.)
(23)
Research facility--A facility that is
licensed by the United States Department of Agriculture to use vertebrate
animals for research purposes and is in compliance with the federal Animal
Welfare Act (7 U.S.C., Chapter 54).
(24)
[
(25)
[
(A)
nature of the risk (how the disease is transmitted);
(B)
duration of the risk (how long an infected person may be
infectious);
(C)
severity of the risk (what is the potential harm to others);
and
(D)
probability the disease will be transmitted and will cause
varying degrees of harm.
(26)
[
(27)
[
(28)
[
(29)
Veterinarian--A person licensed by the
Texas State Board of Veterinary Medical Examiners to practice veterinary medicine
in Texas.
§97.2.Who Shall Report.
(a)
A physician, dentist, veterinarian, chiropractor, advanced
practice nurse, physician assistant, or person permitted by law to attend
a pregnant woman during gestation or at the delivery of an infant shall report,
as required by these sections, each patient
(person
or animal
)
he or she shall examine and who has or is suspected of having any
notifiable condition, and shall report any outbreak, exotic disease, or unusual
group expression of illness of any kind whether or not the disease is known
to be communicable or reportable. An employee from the clinic or office staff
may be designated to serve as the reporting officer. A physician, dentist,
veterinarian, or chiropractor who can assure that a designated or appointed
person from the clinic or office is regularly reporting every occurrence of
these diseases or health conditions in their clinic or office does not have
to submit a duplicate report.
(b) - (d)
(No change.)
(e)
Any person having knowledge that a person
or animal
is suspected of having a notifiable condition should notify the local
health authority or the department and provide all information known to them
concerning the illness and physical condition of such person or persons.
(f) - (g)
(No change.)
§97.3.What Condition To Report and What Isolates To Report or Submit.
(a)
Humans.
(1)
Identification of notifiable conditions.
(A)
[
(B)
[
(2)
[
(A)
[
(B)
[
(C)
[
(3)
[
(A)
[
(B)
[
(C)
[
(D)
[
(E)
[
(F)
[
(4)
[
(b)
Animals.
(1)
Clinically diagnosed or laboratory-confirmed animal cases
of the following diseases are reportable: anthrax, arboviral encephalitis,
(2)
The minimal information that shall be reported for each
disease includes species and number of animals affected, disease or condition,
and the veterinarian's name and phone number.
§97.4.When To Report a Condition or Isolate; When To Submit an Isolate ; Where to Report a Condition or Isolate.
(a)
Humans.
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(b)
Animals.
(1)
Reportable conditions affecting animals shall be reported
within one working day following the diagnosis.
(2)
Reportable conditions in animals shall be reported to either
the appropriate Texas Department of Health regional zoonosis control office
or the Zoonosis Control Division office in Austin.
(3)
Conditions in animals that are reportable to both the Texas
Department of Health and the Texas Animal Health Commission can be reported
to either one of the agencies which will forward the information to the other
agency.
§97.6.Reporting and Other Duties of Local Health Authorities and Regional Directors.
(a)
(No change.)
(b)
Those notifiable conditions identified as public health
emergencies in §97.4 (a) of this title (relating to When to Report a
Condition or Isolate; When to Submit an Isolate
; Where to Report a Condition
or Isolate
) shall be reported immediately to the department by telephone.
(c) - (h)
(No change.)
(i)
Persons reporting notifiable conditions
in animals shall be referred to the central office or the appropriate regional
office of the department's Zoonosis Control Division.
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 9, 2001.
TRD-200102020
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 458-7236
The Texas Department of Health (department) proposes amendments to §§181.1
- 181.11, 181.13, 181.14, 181.21, 181.23 - 181.32, and 181.41 - 181.47; repeal
of §§181.22, 181.48 and 181.49; and new §181.22 for administrative
procedures, issuance of vital records events and statistical information,
and the Central Adoption Registry of the Bureau of Vital Statistics.
Specifically, the amendments cover the following: Subchapter A clarifies
key vital statistics words and terms; provides instructions and requirements
for the preservation, transportation, and final disposition of dead bodies;
set requirements regarding access, confidentiality and filing of supplemental
birth certificates, fetal death certificates, and requests for personal data;
and defines the form and content of birth, death, and fetal death certificates.
Subchapter B provides instructions, sets requirements, and fees for issuance
of certified copies, and registration of birth and death records; defines
who can prescribe the form and context of the marriage application form; sets
minimum requirements for adoption reporting and index access; and establishes
notification, maintenance, and preservation requirements for out-of-business
child-placing agencies' records. Subchapter C establishes rules for notifying
adoptive parents about the Central/Voluntary Adoption Registry; defines the
duties, responsibilities and fees associated with the voluntary adoption registries;
and provides guidelines pertaining to the confidentiality, notification and
the release of information. The repeals cover Confidentiality of Records Maintained
by Each Registry and Fee Requirement for the Central Adoption Registry. The
new section proposed covers Fees Charged for Vital Records Services.
The Government Code §2001.039 requires state agencies to review all
rules that became final prior to September 1, 1997, pursuant to the Government
Code, Chapter 2001 (Administrative Procedures Act). Title 25 Texas Administrative
Code (TAC), Chapter 181, Rules §§181.1 - 181.11, 181.13, 181.14,
181.21 - 181.32, and 181.41 - 181.49 has been reviewed in its entirety, and
the department has determined that the rules should continue to exist.
A Notice of Intention to Review for §§181.1 - 181.11, 181.13,
181.14, 181.21 - 181.32, and 181.41 - 181.49 was published in the November
17, 2000, issue of the
Texas Register
(25
TexReg 11528). No comments were received as a result of the publication of
this notice.
As a result of the review, the department is amending its existing rules
located at Title 25, Chapter 181 to satisfy the requirements of Government
Code §2001.039; to clarify existing language; to consolidate similar
requirements, i.e., fees charged; to add formal hearing requirements; and
to delete language that is no longer necessary.
Debra F. Owens, Chief and State Registrar, Bureau of Vital Statistics has
determined that for each year of the first five years, there will be no fiscal
implications to state or local government as a result of administering the
sections as proposed. There will no adverse economic effect on micro-businesses,
small businesses or to persons who are required to comply the sections as
proposed. This was determined by interpretation of the rules, which address
only access of individual persons rather than micro-businesses or small businesses
to vital records, and which afford applicants for hearings the practical options
of obtaining less costly legal services than might be required in a contested
case hearing before the State Office of Administrative Hearings, or electing
to proceed without counsel. Furthermore, the proposed sections require no
actions for compliance by micro-businesses or small businesses.
Ms. Owens has also determined that for each year of the first five years
the sections are in effect, the public benefits anticipated as a result of
administering the section as proposed will be an increased protection of vital
records events and statistical information. There will be no fiscal implications
to local employment as a result of administering the sections as proposed.
Comments on the proposed rules may be submitted to Debra F. Owens, Chief
and State Registrar, Bureau of Vital Statistics, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756-3191, (512) 458-7366. Public comments
will be accepted for 60 days after publication in the
Texas Register
.
Subchapter A. MISCELLANEOUS PROVISIONS
25 TAC §§181.1 - 181.11, 181.13, 181.14
The amendments are proposed under authority of the Health
and Safety Code, §191.003, which provides the Board of Health with authority
to adopt necessary rules for collecting, recording, transcribing, compiling,
and preserving vital statistics; 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, department and the Commissioner of Health.
The proposed sections affect Health and Safety Code, §191.003.
§181.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Applicant--
A person who requests a service pertaining
to a record of birth or death, verification of marriage or divorce, or release
of personal data. (Also, see
[
(2)
(No change.)
(3)
Bureau of Vital Statistics
(Bureau)
--The office
within the Texas Department of Health charged with the implementation of the
Texas Vital Statistics
Act
[
(4)
Certification--A certified statement, form, or letter,
of the facts stated on the form or document as filed in the Bureau of Vital
Statistics, certified by the state registrar or [
(5)
Certified copy--An
abstract or
[
(6)
Dead body--A lifeless human body or such parts of the human
body or the bones thereof from the state of which it may be reasonably concluded
that death [
(7)-(11)
(No change.)
(12)
Identification of applicant--Each applicant
must present a current form of photo identification along with his or her
application. If the applicant is unable to present a current form of photo
identification, two valid supporting forms of identification may be presented,
one of which bears the applicant's signature.
[(12)
Identification required of applicant--A
picture ID such as drivers license, state/city/county ID card, student ID,
employment badge or card, or military ID; or two documents, without a picture,
one of which must bear the signature of the applicant in place prior to submission.]
(13)
(No change.)
(14)
Indexes--An index to or listing of birth records, death
records, applications for marriage licenses, and reports of divorce or annulment
of marriage.
(A)
Consolidated indexes--These indexes are
vital records consisting of more than one event year. Consolidated indexes
may be prepared for any vital event at the discretion of the State Registrar
in the form prescribed.
(B)
General birth and death indexes--These
indexes are maintained or established by the bureau of vital statistics or
a local registration official which shall be prepared by event year, in alphabetical
order by surname of the registrant, followed by any given names or initials,
the date of the event, the county of occurrence, the state or local file number,
the name of the father, the maiden name of the mother, and sex of the registrant.
(C)
Summary birth and death index--These indexes
are maintained or established by the bureau of vital statistics or a local
registration official which shall be prepared by event year, in alphabetical
order by surname of the registrant, followed by any given names or initials,
the date of the event, the county of occurrence, and sex of the registrant.
(15)-(17)
(No change.)
(18)
Non-institutional Birth--A birth occurring
outside a hospital or birthing center licensed by the Texas Department of
Health.
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
Supplemental Birth Certificate--A new
birth certificate prepared and filed by the Bureau of Vital Statistics, which
is based upon a paternity determination, or adoption. This new birth certificate
replaces the original certificate of birth.
(27)
[
(28)
[
(29)
[
§181.2.Disposition of Bodies.
(a)
The funeral director, or person acting as such, who first
assumes custody of a dead body or fetus shall within 24 hours either mail
or otherwise transmit a report of death to the local registrar of the district
in which the death occurred or in which the body was found. The report of
death form shall be prescribed and furnished by the [
(b)
If a dead body or fetus is to be removed from this state,
transported by common carrier within this state, or cremated, the funeral
director, or person acting as such, shall obtain a burial-transit permit from
the local registrar of the district in which the death occurred or in which
the body was found. The local registrar shall not issue a burial-transit permit
until a certificate of death, completed in so far as possible, has been
presented (See §181.6)
[
(c)
The funeral director, or person acting as such, shall furnish
the sexton or other person in charge of a cemetery with the information required
for the cemetery records. Note: The report for death form shall be prescribed
and furnished by the [
§181.3.Transportation of Dead Bodies.
(a)
Bodies shipped by common carrier.
(1)-(2)
(No change.)
(3)
Shipping containers and requirements for the shipping of
dead bodies must meet or exceed any requirement imposed by the shipping company,
the receiving state[
(4)
(No change.)
(b)-(c)
(No change.)
§181.4.Preservations of Bodies.
No human body may be held in any place or be in transit more than 24
hours after death and pending final disposition unless either maintained at
a temperature within the range of 34 degrees -40 degrees Fahrenheit, or is
embalmed by a licensed embalmer in a manner approved by the Texas Funeral
Service Commission, or by an embalmer licensed to practice in the state where
death occurred[
§181.5.Embalming and Standards of the Funeral Industry.
(a)
The department adopts by reference the rules of the Texas
Funeral Service Commission in 22 TAC §203.13
,
covering minimum
standards for embalming.
(b)
(No change.)
§181.6.Disinterment.
(a)-(e)
(No change.)
(f)
The disinterment permit issued by the state registrar shall
serve as the authority to disinter, transport
by means other than a common
carrier
, and reinter a body
within this State. (See §181.2
of this title relating to Disposition of Bodies)
.
(g)-(h)
(No change.)
(i)
The licensed funeral director or embalmer
requesting a disinterment permit shall be responsible for obtaining the written
consent of the cemetery, the owner of the plot, and the deceased's next-of-kin.
(j)
The licensed funeral director or embalmer
requesting a disinterment permit shall be responsible for obtaining a written
consent order from the county judge to disinter a body from a grave when the
cemetery, plot owner, and the deceased's next-of-kin are unknown.
Fetal Death (Stillbirth)
[
(a)
A certificate of
fetal death
[
(b)
A certificate of
fetal death
[
(1)
(No change.)
(2)
when the certificate has been presented for filing to the
local registrar of the registration district in which the
fetal
death
(stillbirth)
occurred or the
fetus
[
§181.8.Supplemental Birth Certificates.
(a)
When a supplemental certificate of birth is prepared and
filed based on adoption or paternity determination, a copy of the
supplemental
birth
[
(b)
Wherever possible, the local registration official shall
remove from his or her files the original birth record and forward it to the
bureau
[
(c)
A certificate of adoption for a child born outside the
State of Texas shall, when received by the
bureau
[
(d)
Where application is made for the filing
of a supplemental certificate based on paternity, the applicant shall submit
to the bureau an Application for Amended Birth Certificate Based on Paternity
(VS-166) signed by both parents in the presence of a Notary Public, and :
(1)
a certified copy of the certificate of marriage indicating
the subsequent marriage of the parents; or
(2)
an Acknowledgment of Paternity (VS-159.1) if an Acknowledgment
of Paternity is not already in the bureau files; or
(3)
a certified copy of the court decree establishing paternity
if the information concerning the court decree is not already in the bureau
files. If a court decree is in the bureau files, the Application for Amended
Birth Certificate Based on Paternity only has to be signed by one of the parents
in the presence of a Notary Public.
(e)
Voluntary Paternity must have a written
consent of both parents.
[(d)
Where application is made for the filing
of a supplemental certificate based on paternity, 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 prepared on a form prescribed by the Texas 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.]
§181.9.Access to Paternity Files.
(a)
After the
supplemental
[
(b)
The
bureau
[
Availability of Birth Records to
Ensure Confidentiality of Adoption Placement
[
[
This section establishes requirements governing
the control of public accessibility to birth records and [
(1)
[
(A)
[
(B)
[
(2)
[
(A)
[
(B)
[
(C)
[
(D)
[
§181.11.Requests for Personal Data.
(a)
Purpose. The purpose of this section is to describe:
(1)
the criteria that the Committee on Requests for Personal
Data will use in reviewing and recommending disposition when an application
for personal data is received;
(2)
The Commissioner and/or his designee shall
appoint a Committee on Requests for Personal Data (Committee) that serves
in an advisory capacity. The committee reviews and makes recommendations regarding
requests for personal data to be used for research purposes or for the official
use of governmental agencies.
[(2)
the requirement for a standard application
and its general content.]
[(b)
Definitions. The following words and
terms, when used in this section, shall have the following meaning, unless
the context clearly indicates otherwise.]
[(1)
Applicant-Any person, organization, firm, or governmental
agency requesting access to personal data.]
[(2)
Application-A standard form prepared by the committee
which must be completed by each applicant. A copy of the standard form may
be obtained from the Bureau of Vital Statistics.]
[(3)
Bureau of Vital Statistics-The office, within the Texas
Department of Health, charged with the implementation of the Texas Vital Statistics
Law, Texas Civil Statutes, Article 4477.]
[(4)
Committee-Committee on Requests for Personal Data. The
committee serves in an advisory capacity to the commissioner of health or
his designee. The committee reviews and makes recommendations regarding requests
for personal data to be used for research purposes or for the use of governmental
agencies.]
[(5)
Follow back-Contacting any person, institution, or agency
identified on the record.]
[(6)
Personal data-Any data that permits the identification
of a particular individual.]
[(7)
Vital record research copy-A copy of any record of birth,
death, or fetal death filed in the Bureau of Vital Statistics.]
(b)
[
(1)
If the department receives a request for personal data,
the release of which has been determined to be legally discretionary, and
there is a question as to whether the data should be released, the request
shall be referred to the committee for its review and recommendation. The
committee will review the request and make a recommendation regarding release
to the commissioner or his designee.
(2)
The committee will require each applicant for personal
data to complete the application form
as prescribed by the committee
[
(3)
If the personal data is released, a copy of the final project
report, any publication, or presentation must be furnished to the committee.
The
Department
[
(4)
It is department policy to disapprove applications involving
contact with any person, institution, or agency identified on the record
[
(5)
It is department policy to disapprove
applications involving research that does not serve a valid scientific or
public health purpose.
(6)
[
§181.13.Birth Certificate Form and Content.
(a)
The [
(b)
The department shall prescribe two versions of the Certificate
of Birth. One version (VS-111) shall contain all information required to be
collected as determined by the
State Registrar.
[
(c)
(No change.)
(d)
The bureau may discontinue the hospital's
or licensed birthing center's authorization to use the alternate form (VS-111.1)
for failure to transmit information within the time limit as described in
subsection (c)(3) of this section.
§181.14.Death and Fetal Death Certificate Form and Content.
(a)
(No change.)
(b)
Funeral
[
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 9, 2001.
TRD-200102024
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 458-7236
Chapter 97.
COMMUNICABLE DISEASES
(23)
] School Administrator --The
city or county superintendent of schools or the principal of any school not
under the jurisdiction of a city or county board of education.
(24)
] Significant risk--A determination
relating to a human exposure to an etiologic agent for a particular disease,
based on reasonable medical judgments given the state of medical knowledge,
relating to the following:
(25)
] Specimen Submission Form
G-1--A multipurpose laboratory specimen submission form available from the
Texas Department of Health, Bureau of Laboratories, 1100 West 49th Street,
Austin, Texas, 78756-3199.
(26)
] Vancomycin resistant
(27)
] Vancomycin resistant
(1)
] The most current edition of
the Texas Department of Health's (department) publication titled "Identification,
Confirmation, and Reporting of Notifiable Conditions" [
should
]
shall be reported under these sections based on a specific diagnosis, test
procedure, and/or confirmatory test. Copies are available upon request to
the Materials Acquisition and Management Division, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Copies are filed in the Infectious
Disease Epidemiology and Surveillance Division, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756 and are available for public inspection
during regular working hours.
(2)
] Repetitive test results from
the same patient do not need to be reported except those for mycobacterial
infections.
(b)
] Notifiable conditions or isolates.
(1)
] Confirmed and suspected human
cases of the following diseases/infections are reportable: acquired immune
deficiency syndrome (AIDS); amebiasis; anthrax; botulism-adult and infant;
brucellosis; campylobacteriosis; chancroid; chickenpox (varicella);
in man
]; relapsing fever; rubella
(including congenital); salmonellosis, including typhoid fever; shigellosis;
smallpox; spotted fever group rickettsioses (such as Rocky Mountain spotted
fever); streptococcal disease, invasive (group A or B); syphilis; tetanus;
trichinosis; tuberculosis; tularemia; typhus;
Vibrio
infection, including cholera (specify species); viral hemorrhagic
fevers; yellow fever; and yersiniosis.
(2)
] In addition to individual
case reports, any outbreak, exotic disease, or unusual group expression of
disease which may be of public health concern should be reported by the most
expeditious means.
(3)
] The following organisms shall
be reported:
Enterococcus
[
Enterococcus
] species; vancomycin resistant
Enterococcus
[
Enterococcus
] species; vancomycin resistant
type-name="italic">Staphylococcus aureus
[
Staphylococcus
aureus
]; vancomycin resistant coagulase negative
Staphylococcus
[
Staphylococcus
] species;
type-name="italic">Streptococcus pneumoniae
[
Streptococcus
pneumoniae
]; and penicillin-resistant
Streptococcus pneumoniae
[
Streptococcus pneumoniae
].
(c)
] Minimal reportable information
requirements. The minimal information that shall be reported for each disease
is as follows:
(1)
] AIDS, chancroid,
Chlamydia trachomatis
infection, gonorrhea, HIV infection, and syphilis
shall be reported in accordance with §§97.132-97.135 of this title
(relating to Sexually Transmitted Diseases, including AIDS and HIV infection);
(2)
] for tuberculosis - name, present
address, present telephone number, age, date of birth, sex, race and ethnicity,
physician, disease, type of diagnosis, date of onset, antibiotic susceptibility
results, initial antibiotic therapy, and any change in antibiotic therapy;
(3)
] for hepatitis B, (chronic
and acute) identified prenatally or at delivery - name, present address, present
telephone number, age, date of birth, sex, race and ethnicity, estimated delivery
date (for prenatal diagnoses), name of baby and location of delivery (for
diagnoses made at delivery), physician or other person in attendance, disease,
type of diagnosis, date of onset, address, telephone number;
(4)
] for all other notifiable conditions
listed in subsection (b)(1) of this section - name, present address, present
telephone number, age, date of birth, sex, race and ethnicity, physician,
disease, type of diagnosis, date of onset, address, and telephone number;
(5)
] for all isolates of
(6)
] for vancomycin resistant
(d)
] Diseases requiring submission of cultures.
For all
Neisseria meningitides
[
Neisseria
meningitides
] from normally sterile sites, all vancomycin resistant
type-name="italic">Staphylococcus aureus
[
Staphylococcus
aureus
], and vancomycin resistant coagulase negative
Staphylococcus
[
Staphylococcus
] species-pure cultures
shall be submitted accompanied by a Specimen Submission Form G-1.
(a)
] The following notifiable conditions
are public health emergencies and suspect cases shall be reported immediately
by phone to the local health authority or the regional director of the Texas
Department of Health (department): anthrax; botulism, foodborne; diphtheria;
in man
]; smallpox; viral hemorrhagic
fevers; yellow fever. Vancomycin resistant
Staphylococcus
aureus
and vancomycin resistant coagulase negative
Staphylococcus
species shall be reported immediately by phone to the
Infectious Disease Epidemiology and Surveillance Division, Texas Department
of Health, Austin at (800) 252-8239.
(b)
] The following notifiable conditions
shall be reported within one working day of identification as a suspected
case: brucellosis, hepatitis A (acute), Q fever, rubella (including congenital),
tularemia, tuberculosis, and
Vibrio
infection
(including cholera).
(c)
] AIDS, chancroid,
type-name="italic">Chlamydia trachomatis
[
Chlamydia trachomatis
] infection, gonorrhea, HIV infection, and syphilis shall be reported
in accordance with §§97.132 - 97.135 of this title (relating to
Sexually
Transmitted
[
transmitted
] Diseases including
AIDS and HIV infection);
(d)
] Tuberculosis antibiotic susceptibility
results should be reported by laboratories no later than one week after they
first become available.
(e)
] For all other notifiable conditions
not listed in subsections (a)-(c) of this section, reports of disease shall
be made no later than one week after a case or suspected case is identified.
(f)
] For
Enterococcus
species; vancomycin resistant
Enterococcus
species;
Streptococcus pneumoniae
; and penicillin-resistant
Streptococcus pneumoniae
- reports shall be made no later than the last working day of March,
June, September, and December.
(g)
] All
Neisseria meningitides
[
Neisseria meningitides
] from normally
sterile sites, all vancomycin resistant
Staphylococcus
aureus
[
Staphylococcus aureus
], and all vancomycin
resistant coagulase negative
Staphylococcus
[
Staphylococcus
] species shall be submitted as pure
cultures to the Texas Department of Health, Bureau of Laboratories, 1100 West
49th Street, Austin, Texas 78756-3199 as they become available.
Chapter 181.
VITAL STATISTICS
See
] definition for properly
qualified applicant
)
[
See
].
Law
].
his
] duly appointed
designee, over
the
[
his
] respective signature and
may bear
[
bearing
] the seal of the Bureau of Vital Statistics.
exact
]
photocopy of the original record issued [
on a special form and paper
] as filed with the Bureau of Vital Statistics,
and issued on a
designated form or security paper which shall bear
[
bearing
]
the seal of the State of Texas, the Texas Department of Health
-Bureau
of Vital Statistics or the seal of their office
, and the facsimile signature
of the state registrar
or the local registration official
.
recently
] occurred.
(18)
] Person in charge of interment--Any
person who places or causes to be placed a
fetus,
[
stillborn
child or
] dead body or the ashes, after cremation, in a grave, vault,
urn, or other receptacle, or otherwise disposes thereof.
(19)
] Properly qualified applicant
(qualified applicant)--The registrant, or immediate family member either by
blood or marriage, his or her guardian, or his or her legal agent or representative.
Local, state and federal law enforcement or governmental agencies and other
persons may be designated as properly qualified applicants by demonstrating
a direct and tangible interest in the record when the information in the record
is necessary to implement a statutory provision or to protect a personal legal
property right. A properly qualified applicant may also be
a
[
any
] person who has submitted an application for a request to release
personal information and has been approved as outlined in §181.11 of
this title (relating to Requests for Personal Data).
(20)
] Registrant--The individual
named on the certificate of birth, death, or fetal death; application for
marriage license; or report of divorce or annulment of marriage.
(21)
] Research copy--A plain paper
noncertified reproduction of the complete original document or a portion of
the original document.
This is only available through the Bureau's Committee
on Requests for Personal Data (See §181.11).
(22)
] Search--The act of examining
the files and/or indexes maintained by the Bureau of Vital Statistics for
a specific record or information as identified by a qualified applicant or
his/her agent.
(23)
] Signature--The name of a
person written with his or her own hand;
or by an electronic process
approved by the State Registrar
[
the act of signing one's own name
].
(24)
] State
Registrar
[
registrar
]--The Chief
,
[
of the
] Bureau of
Vital Statistics, Texas Department of Health.
(25)
] Verification--A noncertified
statement only of facts and information stated on the document filed with
the Bureau of Vital Statistics.
(26)
] Vital statistics--The registration,
preparation, transcription, collection, compilation,
distribution
and preservation of data pertaining to births, adoptions,
paternity determinations
[
legitimations
], deaths, fetal deaths,
suits affecting
parent child relationship, court of continuing jurisdiction,
marital
status, and
such other data as deemed necessary by the department
[
data incidental thereto
].
(27)
] Vital Statistics Act--The
Health and Safety Code, Title 3.
State
] Department
[
of Health,
] and a copy of such report shall serve as authority
to transport or bury the body or fetus within this state.
filed
].
State
] Department [
of Health, 1100 West
49th Street, Austin, Texas 78756
].
,
] or foreign country.
,
] or is encased in a container which insures against
seepage of fluid and the escape of offensive odors.
Stillbirths
]
stillbirth
(fetal death)
] shall be filed for any
fetal death
[
stillbirth (fetal death)
] if the period of gestation is 20 completed
weeks or more.
death or
of stillbirth (fetal death)
] shall be considered properly filed:
body
] was found. A certificate of
fetal death (stillbirth)
[
death or of stillbirth (fetal death)
] shall be filed with the local
registrar within five days after the date of
fetal death (stillbirth)
[
death or stillbirth (fetal death)
].
new
] certificate shall be forwarded to each local
registration official in whose office is recorded the original birth record
of such child.
State Bureau of Vital Statistics
]. Where it is not
possible to remove the original 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 certificate of birth.
State Bureau
of Vital Statistics,
] be forwarded to the proper registration official
of the state or territory in which such birth occurred.
(For foreign
adoptions, see §181.29 of this title relating to Foreign Adoptions).
supplementary
]
certificate of birth based on paternity is filed, any information disclosed
from the record shall be made from the supplemental certificate, and access
to the original certificate of birth
and related documents
[
and to the documents filed upon which the supplemental certificate is based
] shall not be authorized except upon order of a court of competent
jurisdiction.
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
acknowledgement of
paternity.
Confidentiality of
Birth Records Covering Adoption Placement
].
(a)
]
covering adoption
placements and
] indexes of such records in order to
ensure
[
insure
] the confidentiality of adoption placements.
(b)
] Availability of birth records
generally.
(1)
] Copies of birth records are
available to the public for searching or inspection on or after the 50th anniversary
of the date of birth as shown on the record filed with the bureau [
of
vital statistics
] or the local registration official. Original birth
records shall not be made available to the public in the interest of preservation
of the records.
(2)
] The local registration official,
upon receipt of a record of birth based on adoption must either forward the
birth
[
original
] record filed at the time of the event to
the state registrar for enclosure in a sealed file, or delete or expunge such
record.
(c)
] Availability of indexes or
listings of birth records.
(1)
] General birth indexes, summary
birth indexes, or listings of birth records are not available to the public
for searching or inspection if the fact of adoption or paternity determination
can be revealed or broken or if the index contains specific identifying information
relating to the
biological
parents of the child who is the subject
of an adoption placement.
(2)
] The bureau [
of vital statistics
] and local registration officials shall expunge or delete any state
or local file numbers included in any general birth index made available to
the public because such file numbers may be used to discover information concerning
specific adoptions, paternity determinations, or the identity of the parents
of children who are the subjects of adoption placements.
(3)
] A summary birth index shall
be in alphabetical order by surname of the registrant. The index shall consist
of the last, first, and middle name, if any, of the registrant, the date of
the event, the county in which the event occurred, and the sex of the registrant.
(4)
] If the record falls into the
open record category, a general index may be made available for public use.
This index shall include the last, first, and middle name, if any, of the
registrant; date of birth; county of birth; the parents' names; and the sex
of the registrant.
(c)
] Procedures.
defined in subsection (b) of this section
].
Texas Department of Health
] will be
given credit as the source of the data.
follow back
] unless the committee determines that there are substantial
overriding reasons for the
contact
[
follow back
].
(5)
] The
Bureau
[
bureau
] shall charge the statutory fee for each vital record research
copy as provided in
Health and Safety Code, §191.005 and §192.006
[
Texas Civil Statutes, Article 4477, §54a
].
Commissioner of Health in coordination with the
] State Registrar shall determine the items of information to be contained
on certificates of birth. The format of the items will be designated on
Department forms,
[
a Texas Department of Health Form Number
]
VS-111
and VS-111.1
entitled "Certificate of Birth."
Commissioner
of Health
]. The alternate form (VS-111.1) shall not include the section
titled "For Medical and Health Use Only" and shall contain only the demographic
information relating to the birth,
the mother's marital status, the immunization
registry consent question, the child's social security number request question,
the social security numbers of the parents, and the signature of parent
[
the parents' signatures, and the parents' social security numbers
].
Only funeral
] directors
or persons in charge of interment or in charge of removal of a body from a
registration district for disposition may prepare and file
Certificate
of Death form (VS-112) and the Certificate of Fetal Death form (VS-113)
[
the certificate of death and fetal death on the forms VS-112 and VS-113
].
Subchapter B. VITAL RECORDS